1. Trading Terms & Definitions :
· “Buyer” means the person or company who accepts the Seller’s Quotation for the sale of the Goods or whose Order for the Goods is accepted by the Seller.
· “Goods” means the goods (including any installment of the goods or any parts for them) which the Seller is to supply in accordance with these Terms.
· “Order” means the Buyer’s acceptance of the Seller’s Quotation for the Goods or the order placed by the Seller for the Goods whether by means of the Seller’s catalogue or web site which the Buyer accepts.
· “Customised Products” means any products ordered by or supplied to the Buyer which have been either custom made or ordered from a third party or tailored to meet specific requirements stipulated by the Buyer.
· “Non-Customised Products” means any products which are not Customised Products.
· “Seller” means URBANIERE – TOMA DRAGOS RAZVAN and whose registered office is: Avda. Francia 17 / Esc. B / 8 / 18, ES-46023 Valencia, Spain.
· “Terms” means the standard terms of sale set out in this document and includes any special terms agreed in writing between the Seller and the Buyer.
These Terms govern the sale of the Goods sold by the Seller to the Buyer named on the order form provided on the Seller’s web site or catalogue and where the Goods are supplied as a result of the Buyer’s acceptance of the Quotation. The completed order form or Quotation together with the Terms constitute the entire and only agreement between the parties in relation to the sale of the Goods and comprises a legally binding contract between the parties.
2. Price and payment :
· If the Buyer accepts the Seller’s Quotation then the prices contained therein are only valid for the period of 30 days from the date of the Quotation. If the Buyer wishes to order the Goods stated in the Quotation after this period then a new Quotation should be obtained or an enquiry made as regards the price of the Goods upon making an Order.
· The Buyer shall be responsible for any charges for VAT, local taxes including customs operations (in case of international shipping / export), carriage and insurance in addition to the price for the Goods unless otherwise agreed in writing between the parties.
Payment terms for customised products:
· For all customised products ordered we require full, non-refundable, payment at the time the order is placed.
· For all customised products the order is confirmed and cannot be cancelled or returned after the specification document or artwork proof has been approved by the Buyer.
3. Delivery and title :
· Delivery of the Goods shall be made by the Seller to the address of the Buyer as stipulated on the Order, or by Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection. A signature indicating safe receipt of the Goods will be required on delivery or collection.
· Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused.
· If the Buyer fails to take delivery of the Goods then without limiting any other right or remedy available to the Seller, the Seller may store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage.
· Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods together with any charges in respect of VAT, carriage and insurance.
· Until such time as the property in the Goods passes to the Buyer, the Seller may at any time require the Buyer to deliver up the Goods to the Seller, and if the Buyer fails to do so forthwith, enter on any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
4. Cancellation and returns :
The Buyer shall be entitled to cancel the Order for Stocked Products by giving to the Seller notice of cancellation within 30 days of the date of collection or delivery.Such notice may be given by telephoning, faxing, emailing or mailing to the contact details below. If there is a defect or fault in the Goods, the Buyer is required to notify the Seller of the problem at the time of cancellation by sending an email to email@example.com
Post: Sales Department, URBANIERE, Avda. Francia 17, 46023 Valencia, SPAIN.
On cancellation, the Buyer shall return the Goods to the Seller at its own cost unless the Goods are being returned because they are faulty, incorrect goods or because of unsuitable substitution by the Seller, in which case the Seller will meet the cost of return subject to being able to nominate the carrier.
If the Buyer wishes to cancel an order for non-stocked products, this must be done before the order is confirmed. Non-stocked and/or customised products cannot be returned once your order is confirmed. Non-stocked products include products with a delivery time of longer than next day delivery.
Where the Buyer returns Goods to the Seller for reasons other than such Goods being defective or faulty, The Seller will only accept unwanted products at its sole discretion within 30 days of delivery. The goods must be unopened, in a saleable condition and will be subject to a restocking fee of €50 or 20% whichever is the greater.
The Buyer is required to ensure that any Goods being returned to the Seller are safely and securely packaged to ensure that they are returned undamaged and suitable for re-sale. The Seller reserves the right to charge the Buyer for any Goods which it is unable to re-sell due to the Buyer’s failure to comply with this clause or Sold on a trial or return basis.
5. Liability :
Inspection of goods immediately on receipt of a delivery is mandatory. A claim by the Buyer which is based on any defect in the quality, quantity or condition of the Goods shall be notified to the Seller immediately at the receipt of goods, before letting the courier leave the premises and where the defect or failure was not apparent on reasonable inspection within 7 days of the discovery of the defect or failure but not exceeding 30 days from the date of delivery.
If delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall have no right to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the contract.
The Seller may replace, repair or refund to the Buyer the price of the Goods at its discretion, in which case the Seller shall have no further liability to the Buyer.
The Seller warrants that the Goods will be free from defects in material and workmanship for a period of 6 months from the date of delivery unless otherwise stated in writing.
6. Termination :
The Seller shall be entitled to suspend further supply or delivery, stop any goods in transit or immediately terminate the contract with the Buyer by notice in writing if the Buyer is in breach of an obligation hereunder or becomes unable to pay its debts when they fall due or proceedings are commenced by or against it alleging bankruptcy or insolvency.
7. Events beyond our control :
The Seller shall have no liability to the Buyer for any failure or delay in supply or delivery or for any damage or defect to the Goods supplied or delivered hereunder that is caused by any event or circumstance beyond its reasonable control (including without limitation strikes, lockouts, acts of God and the like.