General Conditions of Purchase
This document (together with all documents referred to herein) sets out the terms and conditions governing the use of this website (shop.amixalanenergy.com) and the purchase of products from this website (‘Terms’). By using this website or placing an order (‘Order’) through this website, you agree to be bound by these Terms, and by our Privacy and Cookie Policy.
OUR DETAILS
The sale of products through this website is carried out under the name AMIXALAN ENERGY SUPPLIES S.L., a Spanish company with registered office at Paseo Sarasate 5-6º izda., C.P. 31002 Pamplona (Navarra, Spain), registered in the Mercantile Register of Navarra, Volume 2092, Folio 115, Page NA-41864 and NIF B71473177 and email info.aes@amixalan.com.
SCOPE OF APPLICATION
These Terms and Conditions shall apply to all commercial transactions for products or services (‘Product’) made through the Website, unless there is an express written and signed agreement between the parties that modifies them.
HOW TO PLACE AN ORDER
To place an Order, you must follow the online purchase procedure and click on ‘Authorise payment’. You will then receive an email from AMIXALAN ENERGY SUPPLIES S.L acknowledging receipt of your Order (‘Order Confirmation’).
If you detect an error in your Order after the Order Confirmation, you should immediately contact our customer service department at the above-mentioned email address to correct the error.
DELIVERY
We will dispatch the Order consisting of the Products listed on the date indicated on the Order Confirmation.
If for any reason we are unable to meet the delivery date, we will inform you of this and give you the option of either proceeding with the purchase by setting a new delivery date or cancelling the Order with a full refund of the price paid.
SHIPMENTS
All deliveries of the Products shall be made under Incoterms 2020 ‘FCA or EXW Amixalan’ conditions, from the place of dispatch specified by AMIXALAN ENERGY SUPPLIES S.L.
If the Customer does not collect the Product after 3 days from AMIXALAN ENERGY SUPPLIES S.L's notification (‘Arrival Notification’) indicating its availability, except in case of force majeure or AMIXALAN ENERGY SUPPLIES S.L's default, delivery of the Products shall be deemed to have taken place on the third day from the said Arrival Notification. The customer shall bear the storage costs from that day onwards.
INSPECTION AND APPROVAL OF PRODUCTS
The Buyer must examine the Products immediately upon delivery, identifying any visible damage if any, recording it on the transport document or delivery note, and notify AMIXALAN ENERGY SUPPLIES S.L. within 48 hours of delivery of its total or partial rejection of the Product, detailing the reason for rejection.
In the event of discovering hidden defects (which cannot be considered visible during the initial inspection upon delivery), the Buyer must notify AMIXALAN ENERGY SUPPLIES S.L. immediately.
If it is necessary to return the Products, the Buyer shall preserve and protect the Products, until the return. AMIXALAN ENERGY SUPPLIES S.L. shall not be liable for any damage if Buyer's representatives, employees or agents fail to comply with the instructions for storage and use of the Products.
PRICE AND METHOD OF PAYMENT
The prices on the website do not include VAT or any other tax or duty, which shall be added to the total amount due where applicable in accordance with current legislation.
The Buyer must make payment of the price in the selected payment method, upon Order Confirmation.
Any amount due and owing shall accrue interest for late payment equal to the legal interest rate in force at the time it becomes due.
TRANSFER OF RISK AND OWNERSHIP
The risks of the Products shall pass to you upon delivery.
You shall acquire ownership of the Products when we receive payment in full, or at the time of delivery, whichever is the later.
PRODUCT WARRANTY
AMIXALAN ENERGY SUPPLIES S.L. shall deliver to the Buyer, together with the other Order documents, the warranty documents granted, where applicable, by the respective manufacturers of the Products in favour of the Buyer.
If the Product supplied is defective during the warranty period stipulated by the manufacturer, AMIXALAN ENERGY SUPPLIES S.L. shall manage the claim of said Warranty to the manufacturer, although this shall not constitute an obligation or liability of AMIXALAN ENERGY SUPPLIES S.L. with respect to the warranty
Likewise, the Purchaser may, upon request to AMIXALAN ENERGY SUPPLIES S.L., contract, with those manufacturers that allow it, a warranty extension, by means of payment of the amount of the service.
WITHDRAWAL
The Purchaser may request the return of the Product purchased within 14 calendar days of delivery of the Product. The Purchaser must make the return request in writing and electronically via the website, indicating: (i) description of the Product and quantity to be returned; (ii) state of conservation of the Product and packaging; (iii) invoice or delivery note number of AMIXALAN ENERGY SUPPLIES S.L. (iv) serial number of the Product; (v) optional but advisable to facilitate the assessment of the return by AMIXALAN ENERGY SUPPLIES S.L., the reason for the return.
For AMIXALAN ENERGY SUPPLIES S.L. to accept the return:
i. The Product, packaging and instruction manual must be in perfect condition.
ii. The Product must retain the seal of the original packaging.
iii. The Product must not have been used, mounted on other equipment, installed or disassembled.
iv. AMIXALAN ENERGY SUPPLIES S.L. must approve the returned Product.
v. The return must be made at the Buyer's cost and postage paid.
vi. No returns will be accepted for accessories designed or manufactured specifically for the Product in accordance with the Buyer's instructions or clearly personalised.
Returned Products shall be assessed by our technical department, which shall carry out a depreciation in the event of visible damage or tampering preventing them from being sold as new Products. The Buyer will be informed of this depreciation and it will be charged on the credit invoice of the returned material.
Returns of material without visible damage or tampering will be credited at 100%.
RESPONSIBILITY
Unless expressly provided otherwise in these Conditions, the liability of AMIXALAN ENERGY SUPPLIES S.L. in relation to any Product purchased on our website will be strictly limited to the purchase price of such Product.
However, unless otherwise provided by law, we will not accept any liability for the following losses, regardless of their origin:
(i) loss of revenue or sales;
(ii) loss of business;
(iii) loss of profits or loss of contracts;
(iv) loss of anticipated savings;
MAJOR FORCE
AMIXALAN ENERGY SUPPLIES S.L. shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to acts or omissions, events, accidents beyond its reasonable control, understood as any unforeseeable circumstance, or which, being foreseeable, was unavoidable at the time of the Order, which prevent it from fulfilling its obligations, including, among others, government orders and restrictions, customs procedures and decisions, failure to obtain permits required by law, war (declared or not), warlike activities or terrorist acts, strikes, insurrections or civil disturbances, epidemics, fire, explosion, flood, natural catastrophes (including storms, earthquakes, subsidence, or any other natural disaster), transport accidents, impossibility of using public or private means of transport, impossibility of using public or private telecommunications systems, etc.
AMIXALAN ENERGY SUPPLIES S.L. will notify the customer that the obligations are suspended during the period in which the cause of force majeure continues, and will have an extension in the deadline for fulfilling these obligations for a period of time equal to the duration of the cause of force majeure. We will use all reasonable endeavours to bring the force majeure event to an end or to find a solution that will enable us to perform our obligations despite the force majeure event. However, if a force majeure event affects for a period of 60 days or more, the customer may terminate the Order upon written notice to AMIXALAN ENERGY SUPPLIES S.L..
AMIXALAN ENERGY SUPPLIES S.L. shall not be liable for any damages or other claims arising from the force majeure event.
CANCELATION
AMIXALAN ENERGY SUPPLIES S.L. may cancel the Order with prior written notice to the Buyer for total or partial non-payment of the price or fraud in payment and in any case demand compensation for damages;
Likewise, the persistence of an event of Force Majeure for more than 60 calendar days from the date of receipt by one of the Parties of the first written communication sent by the affected Party shall entitle the other party to cancel the Order.
PARTIAL INVALIDITY
If any of the Conditions are declared null and void by a final decision of a competent authority, the remaining conditions shall remain in force and shall not be affected by such declaration.
ASSIGNMENT
The Order is binding on both you and us and our respective successors, assigns and assignees. You may not convey, assign, encumber or otherwise transfer the Order or any of your rights or obligations under the Order without our prior written consent.
We may convey, assign, charge, encumber, sub-contract or otherwise transfer an Order or any of our rights or obligations under it at any time during its term.
WAIVER
Our failure to require your strict performance of any of your obligations under a contract or these Conditions or our failure to exercise any rights or remedies to which we may be entitled under such contract or these Conditions shall not constitute a waiver or limitation of such rights or remedies or relieve you from any such obligations.
No waiver by us of any particular right or remedy shall constitute a waiver of any other right or remedy under any contract or the Terms.
No waiver by us of any of these Terms or of any rights or remedies under any contract shall be effective unless it is expressly stated to be a waiver and is given and communicated to you in writing in accordance with the Notice section.
CONFIDENTIALITY
The information relating to the Order, as well as the Products and services, is confidential, so both parties agree not to disclose it or use it for a purpose other than the Order. The buyer may not transfer this information or any part of it to third parties without the prior written consent of AMIXALAN ENERGY SUPPLIES S.L., this obligation of confidentiality subsisting even after the end of its relationship with AMIXALAN ENERGY SUPPLIES S.L.. The buyer will be responsible for any misuse or leakage of information that occurs among its staff or any third party to whom it has been communicated.
INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademark and other intellectual property rights in the Products or services shall remain at all times vested in us or our licensors for use or distribution. You may use such material only as expressly authorised by us or our licensors.
DATA PROTECTION
In compliance with current legislation on personal data protection, the personal data of the Buyer's representative and/or your contact person provided in the Order will be used for the sole purpose of managing and fulfilling this Order, who must have been informed by you in advance.
We also inform you that such data may be communicated, where appropriate, to the Tax Agency and other Public Administrations, under the terms established in the regulations in force, exclusively in the event that such communication of data is necessary and/or in compliance with legal obligations directly applicable to each of the parties and/or when the corresponding legal authorisation exists.
The personal data will be kept, respecting their confidentiality and guaranteeing their security to prevent unauthorised or improper access, for the duration of the Order and thereafter, provided that the right of deletion has not been exercised, for the applicable legal periods. Specifically, the data and documentation that serve as proof of the contractual relationship established and/or of compliance with legal obligations arising from the same shall be kept for the periods imposed by the applicable regulations, as well as for the periods of limitation of civil, administrative or any other type of actions that may arise from the contractual relationship.
Individuals may exercise their rights by sending a letter to the e-mail address dpo@amixalan.com, or to the address for notification purposes, enclosing a copy of their identification document (ID card, passport, NIE). In any case, you may exercise any claim you consider appropriate regarding the processing of your data by contacting the Spanish Data Protection Agency (www.aepd.es).
NOTIFICATIONS
Any notification to AMIXALAN ENERGY SUPPLIES S.L. will be sent to the following address, and may be made by any legally accepted means that allows for proof of receipt and must be dated:
AMIXALAN ENERGY SUPPLIES S.L.
C/ Historiador Diago 2. 46007 Valencia (Spain)
APPLICABLE LAW
The use of our website and the purchase of Products through this website shall be governed by Spanish law.
JURISDICTION
The resolution of any discrepancy or divergence in the fulfilment and interpretation of these Conditions shall be subject to the Courts and Tribunals of the city of Valencia (Spain).