TERMS OF SALE
These Sales Conditions apply to all sales made by Giormo, and govern the orders placed by its customers in Spain. Such orders must always be duly accepted by Giormo for full validity.
These Sales Conditions take precedence over any other conditions, except those expressly agreed upon as particular conditions to a specific transaction.
Giormo's sales conditions can be consulted at the following web address:
DELIVERY TIMES: Giormo will inform the customer if it can meet the delivery times requested by them before accepting the order. Any delay beyond our control or due to force majeure will be communicated to the customer, and Giormo will make its best efforts to approach the initial delivery date, notwithstanding Giormo being relieved of any liability, and no compensation can be claimed for events beyond its control.
ORDERS: Orders will only be considered accepted by Giormo once the corresponding acceptance has been issued in writing, stating the essential conditions of the transaction. These written confirmations are always sent at the request of the customer. It will be Giormo's exclusive decision to accept or reject any cancellation or modification of an already accepted and processed order. Giormo will collaborate in the resolution of the contract as long as such cancellation does not entail additional economic costs or otherwise.
Changes to the order conditions once accepted by Giormo will be treated in the same way, and it will also be Giormo's decision to accept or reject such changes, always within a framework of collaboration as a philosophy of our Company.
PRODUCT SELECTION: The buyer will be solely responsible for the choice of the product they have requested, and will be exclusively responsible for the use or function to which it is intended. Giormo, under no circumstances, will be liable or guarantee that the product is suitable for the technical or manufacturing applications intended by the buyer.
CLAIMS: The buyer must report any damage to the goods with the corresponding annotation on the delivery note, which will result in the opening of a claim at Giormo, which will be analyzed and resolved in accordance with the Quality Management System based on ISO standards, and the provisions of the current Commercial Code regarding possible claims will also apply. The buyer must check and/or analyze the received goods, and failure to exercise this right will not increase Giormo's liability if the goods were different or contaminated or contaminated another product manufactured by the customer.
The buyer will have the right to pass on to the seller, for defects in quantity or quality of the goods received, provided that they exercise their action within four days following their receipt. The buyer who has not made any claim regarding internal defects in the goods within thirty days following their delivery will lose all rights and actions to pass them on to the seller for this reason.
PRICES, PAYMENT CONDITIONS, AND TRANSFER OF OWNERSHIP: The prices offered, unless otherwise stated, will be valid except for market variations or stock sale.
Payment conditions will be expressly agreed for each transaction, and failing that, the provisions of the current Royal Decree-Law 4/2013 will apply, that is:
"The payment term will be 30 calendar days after the date of receipt of the goods or the provision of services. This period may be extended by agreement, provided that in no case can a period longer than 60 calendar days be agreed."
The possibility of the customer offsetting invoices against amounts due by Giormo is expressly excluded without our express consent.
The transfer of ownership of the product will be governed by the INCOTERM clause expressly agreed for that transaction.
EXEMPTION FROM LIABILITY: Giormo assumes no responsibility to the Buyer for the lack of supply of a product due to causes attributable to its manufacturer or supplier, without prejudice to the fact that as soon as it is notified by the supplier or manufacturer of such lack of supply, it will inform the Buyer and make its best efforts to find a product with similar characteristics.
PROTECTION OF PERSONAL DATA: In accordance with the current Personal Data Protection Law, it is stated that the personal data received by Giormo will become part of a file owned by this Company, with the sole purpose of managing billing, tax, and accounting obligations. Giormo undertakes to comply with its obligations of secrecy and its duty to keep such data, taking the necessary measures to prevent alterations, loss, treatment, or unauthorized access. It will be possible to exercise the rights of access, rectification, cancellation, and opposition by written request addressed to Giormo, Av. de la ciencia 1, 13004 Ciudad Real, with the reference "Personal Data Protection."
APPLICABLE LAW AND JURISDICTION: The applicable law to these general conditions will be Spanish law, and any dispute that may arise in relation to their compliance must be tried to be resolved amicably between both parties in the first instance. After one month from the moment the divergence was manifested without finding a consensual solution, either party may resort to ordinary jurisdiction, with the Courts and Tribunals of Ciudad Real being competent for this purpose, with express waiver of any other jurisdiction that may correspond to them.