1. General:
Please read these terms and conditions carefully before purchasing from our online shop. The sales of our products shall be governed by these General Terms and Conditions of Sale (hereinafter referred to as GTC), except insofar as expressly agreed otherwise in the respective offer or in the acceptance of the order and which constitute the particular conditions of the order. Therefore, any other conditions that have not been expressly accepted by E-TRADING BY TM, S.L. (hereinafter the seller) are invalid for all purposes.
The website https://etradingtrademonsa.com is the online shop of E-TRADING BY TM, S.L., with Tax Identification Code B71388680, with postal address at Polígono Talluntxe II Calle A, nº 36 Entreplanta, 31110 Noáin, Navarra - Spain, telephone: +34 948 242 242 and e-mail address: info@etradingtrademonsa.com.
These GCS shall apply when the buyer is not a final consumer.
These GCS shall be deemed to have been communicated to the Buyer from the moment that the Buyer visits our website, information which is included at the bottom of our offers, or receives an offer from the Seller accompanied by these GCS. Alternatively, they shall be deemed to have been communicated if the Buyer has previously received them in the course of his business relationship with the Seller; in all these cases they shall be deemed to have been accepted by the Buyer when he places his order and accepts them.
2. Confidential information and intellectual property:
The intellectual and/or industrial property of the offer, in all its terms, and the information attached to the same, as well as that of the products object of sale and that of the elements, plans, drawings, ‘software’, ‘prices’, etc., incorporated or related to the same, belong to the Seller, and therefore their use by the Buyer for purposes other than the completion of the order is expressly prohibited, as well as their total or partial copy or transfer of use in favor of third parties, without the prior express consent of the Seller.
All intellectual and industrial property rights derived from and/or related to data and/or documents provided or elaborated by the Seller will continue to be held by the latter unless otherwise agreed, and the Buyer does not grant any type of right or license about the information or material transmitted.
The present conditions do not constitute a license to the client for the use of the commercial name, brands, contents, designs, photographs, structure, etc... whose ownership belongs to the Seller or the manufacturers with which it works. The client undertakes to respect the intellectual and industrial property rights existing on the web page https://etradingtrademonsa.com and not to use the contents without prior authorization from the owner, and this information can be extended in the legal notice of the web.
3. Formalisation of orders and scope of the sale:
The Seller takes care of the quality of all our products, reserving the right to decide, at any time, which products are offered through our online shop. The Seller may at any time add or remove products from the online shop.
The essential characteristics of the products are presented in each product file, which contains an image and a description of the product. Despite the scrupulous care taken by the Seller to reproduce them faithfully, the images and colors of the photos may not, however, faithfully reflect reality, due to the specific characteristics of the Internet browser or screen used by the user.
The Seller truthfully provides the commercial information. This information may, on occasion, contain a typographical error. In this case, which is at all times beyond our control, it will be corrected immediately. If a typographical error occurs in any of the prices of our products and a customer has made a purchase decision based on this error, the Seller will inform the customer immediately and the customer will have the right to cancel the purchase without any cost on his part.
The Seller reserves the right to modify at any time the characteristics of the commercial offers presented on the website.
The sale includes only the products that are the subject of the order, except cases in which, in the Buyer's order which has been accepted by the Seller, any additional documentation, information, support, or services are explicitly included.
The weights, dimensions, capacities, technical specifications, and configurations relating to the Seller's products included in catalogs, brochures, leaflets, and technical literature are of an indicative and non-binding nature, except in cases in which the Seller accepts a closed specification from the Buyer, which must form part of the order documents.
Modifications and/or variations to the scope, deadlines, or other terms of an order that may be proposed by one of the Parties must be notified to the other party, always in writing, and, to be valid, must be expressly accepted by said party. Amendments and/or variations shall also be deemed to be amendments and/or variations caused by changes in applicable laws, rules, and regulations occurring after the date of submission of the relevant offer; if such amendments and/or variations would impose additional or more onerous obligations on the Seller, the Seller shall be entitled to an equitable adjustment of the contractual terms which fully reflects the consequences of the new or amended law or regulation.
4. Price:
The sales prices are net prices exclusive of VAT and any other taxes, duties, or levies, which will be subsequently passed on in the invoice at the corresponding rates. Unless otherwise stipulated in the order, or agreed between Buyer and Seller as a result of their business relationship, the prices include packaging but do not include transport, freight, or insurance. These prices are only valid for the order of the totality of the products specified on the website.
In the case of offers before the order, the prices offered will have the temporary validity indicated in each case and this period will be considered fixed for the payment conditions and quantities specified in the offer.
Once the order has been accepted by the Seller, the prices shall be considered fixed and not subject to revision. However, a price revision shall be applicable when:
a. It has been agreed between the Buyer and the Seller.
b. The order has been modified at the request of the Buyer, and, in general, there is any variation and/or modification under the terms of these conditions.
c. The prices have been quoted in a currency other than EURO to the extent that the currency has undergone a change in parity with the EURO from the date of the order to the contractual invoicing dates of each milestone.
5. Terms of payment:
The Seller's offer or, if there is no such offer, the Buyer's order accepted by the Seller, shall include the terms of payment. Pre-specified payment terms may also be used as part of an ongoing business relationship agreement between the Buyer and the Seller. Said payment conditions must comply with the provisions of the current Law 3/2004, of 29 December, which establishes measures to combat late payment in commercial transactions, without exceeding in any case the maximum terms established therein.
In the absence of any other agreement, the maximum payment period shall be that stipulated in Art. 4 of Law 3/2004, of 29 December, that is to say, thirty (30) calendar days after the date on which the goods are made available or received.
Payment shall be made by the conditions indicated on the website. Payment shall be made without any deductions such as non-agreed deductions, discounts, expenses, taxes or fees, or any other deductions.
If, for reasons beyond the Seller's control, the delivery, assembly, or commissioning, or the receipt of the products is delayed, the contractual terms and conditions of payment shall be maintained.
In the event of late payments by the Buyer, and unless expressly agreed, the Buyer will have to pay the Seller, without any requirement, and from the due date of the payment, the late payment interest for the delayed payment, which will be calculated by the provisions of article 7 of Law 3/2004, of 29th December, issuing the corresponding complementary invoice by the Seller. The payment of this interest will not release the Buyer from the obligation to make the rest of the payments under the agreed conditions. When the Buyer is in default, the Seller will also be entitled to claim compensation from the debtor for all duly accredited collection costs incurred as a result of the latter's default within the limits established in the legislation in force.
If the Buyer incurs delays in the agreed payments, the Seller may temporarily or definitively suspend, at its choice, the delivery of the products, without prejudice to requiring the Buyer to make the overdue payments and to claim, where appropriate, additional compensation for the non-payment and the suspension. Failure or delay in the agreed payments shall entitle the Seller to modify the payment conditions for future orders and may establish advance payment for new orders.
The formulation of a claim by the Buyer does not entitle the Buyer to any suspension or deduction in the committed payments, without prejudice to the refunds or compensations that may finally correspond.
The products which are the object of the order will be supplied under retention of title in favor of the Seller, until the total fulfillment of the payment obligations of the Buyer, the latter being obliged to cooperate and adopt as many measures as are necessary or convenient and those proposed by the Seller to safeguard its property over said equipment and materials.
6. Delivery terms and conditions:
The form, conditions, and terms of delivery of the products will be established in the acceptance of the order or the offer formulated by the Seller on its website.
The delivery terms will be estimated and non-binding, without the Seller, in any case, guaranteeing the fulfillment of the same.
In the event of a delay in the delivery of the products which are the object of the order, directly and solely attributable to the Seller, the Buyer will apply the penalty previously agreed with the Seller, this penalty being the only possible compensation action due to delay.
The delivery period will be understood to be extended whenever there are causes that paralyze or hinder the work, and/or circumstances attributable to the Buyer and/or Third Parties, including, without limitation, delay in the date of payment or the duration of the causes which provoke the delay.
The Seller shall notify the Buyer of the availability of the products for loading within the delivery period. The Buyer shall, within 7 working days of notification, inform the Seller of the name of the carrier and the loading conditions. If the Buyer does not comply with the agreement, the risk shall pass to the Buyer from the day the goods are ready for shipment, and the Seller shall be authorized to store the goods at the Buyer's expense and risk, charging the Buyer for storage costs a minimum of 0.25% of the invoice amount for each week or fraction thereof, the price of the goods shall be deemed to be immediately due and payable. Beyond the period of 1 month after the date on which the price becomes due, the Seller may reasonably dispose of the products without notice to the Buyer to recover any costs and losses it may have incurred, without prejudice to the payment obligation incurred by the Buyer.
7. Complaints:
If direct delivery of the materials to the Buyer has been agreed upon, the Buyer's claims to the Seller must be made in writing and a reliable manner within a maximum period of five days from receipt of the goods. It is the Buyer's responsibility, at the time of receipt of the shipment, to verify the state of the merchandise that is the object of the order to check any apparent defects and/or lack of conformity, stating this, if applicable, on the delivery note of the carrier or, failing this, to notify the Seller in writing within a maximum period of five calendar days from receipt of the merchandise, sending the documents justifying the claim. Once this period has elapsed, no claim will be accepted, as the delivery will be understood as accepted except for the exceptions established in the returns policy.
Once the claim has been formulated, the seller will proceed to process it and will send a response to it as soon as possible.
8. Returns policy:
If it has been expressly agreed by the parties the possibility of returning the goods due to an error in the order or for other reasons beyond the Seller's control, and unless expressly agreed, the following amounts will be deducted from the payable purchase price for revision and conditioning costs:
- Up to one year from the date of purchase: -20%.
- Up to two years from the date of purchase: -30%.
No refunds will be made for returns after 2 years from the date of purchase.
The Seller will not accept returns of materials that have been unsealed from their original packaging, used, assembled in other equipment or installations, or subject to disassembly outside the Seller's control.
Under no circumstances will the Seller accept returns without prior agreement to this effect with the Buyer by signing and delivering the Seller's return authorization document.
9. Warranties:
The Seller in its capacity as distributor, supplies the Products or Services with the Manufacturers' guarantee in each case and undertakes to address to the Manufacturer any claim covered by the guarantee, provided that the claim has been notified in writing to the Seller within 48 hours after they have been detected or when they should have been detected.
The Buyer undertakes to address his claim to the Manufacturer under the terms of the guarantee and in no case to the Seller, who shall not be liable in any case for defects of the product attributable to the Manufacturer.
The Seller shall not be liable to the Buyer for any loss or damage of any kind as a consequence of the initial supply or delays in the delivery of substitute or repaired products or services.
The Seller shall not pursue claims against the Manufacturer in respect of improper use, replacement, repair, modification, servicing or alteration, or failure to maintain by the maintenance instructions outlined by the Manufacturer.
At the Buyer's request, the Seller shall provide the Buyer with the necessary information and documentation, including operating instructions (if applicable), for the exercise of his comments.
10. Limitation of Liability:
The liability of Seller, its agents, employees, subcontractors, and suppliers for claims arising out of the performance or non-performance of its contractual obligations shall not exceed in the aggregate the basic contract price and shall in no event include damages arising from loss of profits, loss of revenue, production or use, capital costs, downtime costs, delays and claims of Buyer's customers, substitute energy costs, loss of anticipated savings, increased operating costs or any special, indirect or consequential damages or losses of any kind. The limitation of liability contained in this clause shall prevail over any limitation contained in any other contractual document which is contradictory or inconsistent with this clause unless such provision would further restrict the Seller's liability.
11. Export Limitation:
Buyer acknowledges that the goods sold by Seller may be subject to local or international provisions and regulations relating to export control and, without export or re-export authorizations from the competent authorities, may not sell, lease, assign, transfer, etc., the goods sold or used for any purpose other than as agreed. The buyer is responsible for complying with such provisions and regulations. The products sold may not be used, either directly or indirectly, in connection with the design, production, use, or storage of chemical, biological, or nuclear weapons for their transport systems or military applications.
12. Compliance and business ethics:
Both parties will comply with all laws, regulations, and administrative requirements applicable to their business, including but not limited to all applicable anti-bribery and anti-corruption laws (and related regulations and guidelines). Both parties shall promptly inform each other of any action or measure taken or any allegation made against either party in connection with claims based on corruption violation of any Anti-Corruption Law, or violation of public procurement rules.
The seller declares that all the activities it carries out are carried out in a legal, ethical, and moral manner and that the institution itself and all its employees will make every effort to comply with them. Consequently, discourteous, false, and misleading practices or practices that violate the general principles of business ethics will be avoided, and the vendor is obliged to comply with all the laws applicable to the performance of the tasks entrusted to it under this contract, especially those of a fiscal nature and those relating to labor law.
13. Data protection:
E-TRADING BY TM, S.L. is responsible for the processing of the personal data provided, which will be used to manage the contractual relationship. All interested parties have the right to access, rectify, and delete their data by contacting info@etradingtrademonsa.com. The list of data processing and additional detailed information on the data protection of the seller can be found in our data protection policy available on our website: https://www.etradingtrademonsa.com/es/content/2-politica-de-proteccion-de-datos.
14. Duty to cooperate:
The Parties undertake to cooperate at all times by the principles of good faith and efficiency to ensure the full and optimal development of the contractual relationship and its correct execution.
Should any of the provisions of these GTCs be or become inapplicable or should an omission be discovered, the validity of the remaining provisions shall not be affected thereby. In place of the unenforceable provisions, or to rectify the omission, a reasonable solution shall be found which comes as close as possible to that solution which the parties wished or would have wished, taking into account the spirit and purpose of the Contract concluded, had the Parties considered this matter.
15. Force Majeure:
Neither party shall be liable for failure or delay in the performance of its obligations if such failure or delay is due to Force Majeure. In any event, the Party affected by Force Majeure shall immediately notify the other Party in writing, detailing the reasons for Force Majeure, and shall use its best efforts to overcome or remedy any obstacles that prevent it from complying with the Agreement.
16. Reservation of Actions:
Failure or delay in exercising any right or enforcing any obligation under these GCS shall not constitute a waiver of such right or enforcement of the obligation, nor shall it constitute a waiver of any other rights or enforcement of obligations.
17. Final Provisions:
Neither party shall be liable for delays or failures to perform due to circumstances beyond its reasonable control.
Any waiver of terms of these GCS and any excuse for a breach of these GCS must be in writing, signed by the party consenting to such waiver or excuse.
These GCS do not make either party the agent or legal representative of the other and do not create any joint venture or partnership. The parties act as independent contractors and undertake their respective obligations under these Terms and Conditions in their name and in full.
The Buyer acknowledges that: (i) E-TRADING BY TM and the Buyer may communicate or send documentation to each other via e-mail/Internet unless the Buyer expressly determines otherwise; (ii) neither party controls the operation, reliability, availability, or security of e-mail/Internet; and that (iii) E-TRADING BY TM shall not be liable for any loss, damage, expense, harm or inconvenience resulting from the loss, delay, interception, corruption, or alteration of any e-mail or Internet communication.
The customer undertakes at all times to provide truthful information about the data requested in the user registration forms or order forms, and to keep them updated at all times.
The client undertakes to accept all the provisions and conditions contained in these Conditions on the understanding that they reflect the best possible service for the type of activity carried out by E-TRADING.
18. Applicable Law. Submission to Jurisdiction and Competence:
These Conditions shall be governed by, and construed by Spanish law.
The parties expressly waive any other jurisdiction that may correspond to them and submit to the jurisdiction and competence of the Courts and Tribunals of Pamplona.
Last updated 01 December 2023