GENERAL CONDITIONS OF SALE OF THE PRODUCTS
General conditions
The sales conditions apply to all orders. These conditions and prices may be reviewed by TRATAMIENTOS DE AGUA VDF, SLU (hereinafter VDF) at any time.
Orders
To prevent errors and ensure clarity, all orders must be submitted in writing (by post, fax or email), with the amount and reference no. from our price list and product description. All orders will be considered as confirmed once written notification is released. Any change to the orders shall be made and accepted in writing by VDF.
If a period of thirty (30) calendar days has elapsed without the order having been fully executed, VDF reserves the right to modify the prices and other conditions set out in the order, even if the order or proforma has been previously accepted by VDF.
Delivery date
Delivery dates serve as guidance only. Though all efforts are made to ensure punctual delivery on the date provided, we do not accept any responsibility nor penalties or compensations for delays in delivery due to force majeure and circumstances beyond our control. The delivery date is understood as the date upon which the goods are dispatched from our warehouses, regardless of who is in charge or assumes the transport costs.
Prices
Prices are understood as ‘ex-work tariffs’ in l’Ametlla del Vallés (Barcelona) (EX WORKS), including packaging. AlI taxes, other costs and charges are to be met by the purchaser. Prices in Euro. VAT is not included.
Transport
Goods travel under the responsibility and at the risk of the purchaser, even when delivery has been paid, except for the cases where the transport is made with VDF’s own means notwithstanding the responsibility and claim of the client to the carrier hired by VDF or the client. At the time to place and accept the order it should be defined who will carry out and / or assume the transport’s cost; if it is on charge of the client, the invoice shall reflect the relevant cost if such transport has been hired by VDF.
Before accepting the merchandise, the customer shall check the state of seals, packaging and merchandise. In the event of any abnormality, the client should advise the carrier in less than 24 hours and provide us with written notification of the incidence, in order to ensure we can act accordingly.
Guarantee
VDF guarantees its products for 3 years starting from the date of invoice of the merchandise at the distributor. In particular, VDF will assume such guarantee as the manufacturer for the lack of conformity of the merchandise, when this refers to the origin, identity or suitability of the products, according to their nature and the regulations related to them. Considering the nature of product and the relevance of its installation and the conditions of the water to be treated; to activate the guarantee, it is essential to fulfil the technical conditions of the installation and operation requested in the installation sheet of each merchandise or in the Guarantee Form (Authorisation for the Return of Materials) from VDF.
The guarantee covers strictly and exclusively the replacement of the parts of the devices. The repair of the devices and the costs related to it (labor, transport costs, travelling expenses, etc.) will be assumed by the distributor.
In those cases where the technical service of VDF has not been able to verify the activation of the guarantee prior to the shipment of the device part, the lack of conformity, and therefore the activation of the guarantee, shall be proved to VDF in a maximum period of 1 month by means of the return of the relevant device part to VDF facilities. In the event that in the referred period of 1 month the technical service of VDF has not been able to verify the activation of the guarantee on the terms set out before, VDF will proceed to require the payment of the device relevant part/s for the amount indicated in the relevant invoice.
The guarantee does not comprise parts suffering usual wear and tear, lack of maintenance, hits and other faults due to the improper use of the device, its improper installation or, in any case, to circumstances beyond the devices. Likewise the guarantee will not be valid in those cases where the devices have been manipulated, modified or repaired using materials or procedures other than those provided by the Official Technical Assistance Service.
For any claims under guarantee, it is required to provide the receipt of purchase and to fulfil the technical data, as well as, the information about installation and operation requested in the Guarantee Form (Authorisation for the Return of Materials) from VDF and, for some devices, it is required to activate the guarantee, according to the procedure indicated by the manufacturer.
Payment conditions
Except in the case of express written agreement to the contrary, all payments will be made in cash.
All taxes and charges which arise from the selling of the devices shall be borne by the purchaser. Any delay in payment will result in the application of 3% interest per month, starting from the delay date, without written notification or requirements being issued by the seller.
Any modification to the payment conditions shall be notified in writing by our company.
Likewise, as damages and losses, the purchaser is responsible for all bank and legal charges which may arise as the result of returning unpaid goods as well as any dunning charges (judicial or non-judicial).
Returns
No returns are permitted unless they are the result of delivery errors due to VDF. Should an error occur, invoice shall be shown, as well as the previous order, in order to start the return process. Should this documents not be shown, the return of goods will be denied.
Under no circumstances may goods be returned without having received prior written authorization from VDF.
If said authorization is received, the material shall be delivered in perfect packaging, with freight collect, to our warehouse in l’Ametlla del Vallès. Under no circumstances are returns permitted concerning special work and products adapted to the characteristics and requirements of our clients.
Corresponding sums will be added to the client’s account and will be deducted from their next bill.
Cancellation
Without prejudice to any other claims which may correspond to us, we reserve the right to terminate or cancel any transaction, in the event of failure to meet any of the aforementioned conditions, as well as in case of partial or total failure to pay for an order, delay in payments, as well as in the event that the purchaser faces executive proceedings, or is declared in bankruptcy.
In the event that the purchaser terminates or cancels an order or contract, the customer shall provide the seller with a 20 % of the merchandise’s value corresponding to the cancelled order, without prejudice to the seller’s right to claim damages for the losses incurred as a result of order cancellation.
Ownership reservation
The seller reserves ownership to the goods sold until the purchaser has made all payments. The seller reserves the right to remove said articles, either wholly or partially, from the purchaser’s premises.
Personal data information
In accordance with current legislation on the protection of personal data, we inform you that the Data Controller of the data provided is Tratamientos de Agua VDF, SLU, holder of N.I.F. B-60326279, with address in l’Ametlla del Vallès, 08480, calle Aiguafreda, number 8, Polígon Industral Ametlla Park, telephone 902 154 164 and email cumplimientonormativo@vdf.es.
The personal data of its customers obtained by VDF will be processed for the purpose of managing the contractual and commercial relationship with them, the management of requests and/or orders and their collection and also the treatment for advertising and commercial prospecting purposes if it has been expressly authorized by customers. The basis for the processing of personal data of VDF customers is the performance of the contractual relationship.
VDF will keep the data for the duration of the contractual relationship and, once it has ended, for the legal limitation period. VDF will not disclose or transfer customer data to third countries without the prior consent of the person concerned, except in the cases provided for in the regulations in force.
In order to safeguard the confidentiality and security of the data communicated by the customer and prevent its alteration, loss and unauthorized processing or access, VDF has adopted appropriate technical and organizational measures depending on the nature of the data being processed at all times.
At any time the customer may exercise their rights of access, rectification, deletion, limitation of processing, opposition and portability by sending a communication to the Data Controller. Likewise, the customer may file a complaint with the Spanish Data Protection Agency if he/she considers that his/her data have not been processed appropriately or that his/her rights have been violated.
Marketing and Compliance
The Buyer who markets VDF products must pursue a level of conduct in accordance with the ethical principles that should govern the development of business activity, acting responsibly, with honesty and integrity towards its customers, as well as comply with current regulations and, in particular, those relating to users and consumers.
The Buyer undertakes not to market or advertise the products of “Water Logistics Group” on social networks, unless expressly authorized by VDF, as the group’s business policy and the desire to protect the purchaser/consumer imply a commitment to the face-to-face sale of the products.
The Buyer shall act in its own name and on its own account, assuming responsibility for its own actions towards its customers and for the business and legal risk of its activity and shall comply with the legal requirements established for the exercise of its activity.
Jurisdiction and legal competence
The purchaser agrees to waive its own jurisdiction, and submit himself to the courts and tribunals of Barcelona any action which may derive from failure to respect the aforementioned conditions.
The photographs, images and graphic materials included in this Catalogue are the property of VDF and are covered and protected by the legislative R.D. 1/1996, April 12th, according on the Intellectual Property Law.
Third parties shall not use the images included in the above mentioned catalogue, including copy, manipulation, distribution or public communication, without having previously received an authorization or expressed consent from VDF.
Failure to comply with the prohibition will entitle VDF to exercise the actions envisaged in the legislative R.D. 1/1996, April 12th, and to adopt the provisional remedies envisaged in the law.
Likewise, any attempt to imitate the mentioned catalogue without the express authorization from VDF will be considered as an act of unfair competition, and will entitle the company to exercise the actions envisaged in Law 29/2009, December 30th, according to which the legal provisions of unfair competition and advertising for the improvement of the protection of consumers and users are modified.
VDF will disseminate the catalogue and the general conditions to the distributors and purchasers of its devices. It is understood that such distributors or purchasers accept such general conditions when placing an order or any other commercial activity with the company.
WE RESERVE THE RIGHT TO INTRODUCE TOTAL OR PARTIAL VARIATIONS IN OUR PRODUCTS FOR COMMERCIAL OR MANUFACTURING CIRCUMSTANCES WITHOUT PRIOR WARNING. THESE GENERAL CONDITIONS MAY BE MODIFIED BY INFORMING THROUGH ITS WEBSITE OR ANY OTHER MEDIA.
COMMENT AND PHOTOGRAPH FIELDS ARE NOT CONTRACTUAL.