GENERAL TERMS AND CONDITIONS OF SALE
Section 1. Definition of Terms
1.1 The “Buyer” means any person or organisation that buys or decides to buy the Supplier’s Goods
1.2. The “Consumer” has the meaning as set out in clause 12;
1.3. The “Buyer-Consumer” is a Buyer who is at the same time a Consumer;
1.4. The “Contract” means the written agreement between the Supplier and the Buyer for the sale and the purchase of Goods in compliance with the General Terms and Conditions of Sale;
1.5. The terms “Goods” or “Products” mean those elements that the Buyer agrees to purchase from the Supplier;
1.6. “The Supplier” means DECIMAL CONCEPT, S.L., AVDA ANDALUCIA 1 PLANTA 1, 29631 BENALMADENA, MALAGA, CIF : B93564789, Spain, a company registered in Spain under the name of DECIMAL CONCEPT, S.L.;
1.7. The term “General Terms and Conditions of Sale” means these general terms and conditions of sale and also includes any special sale conditions agreed in writing by the Supplier;
1.8. “Internet site” means http://www.iconikinterior.com
1.9. “Working days” are defined as Monday to Friday from 9am to 6pm.
Section 2. Conditions
2.1. These General Terms and Conditions of Sale are applicable to all contracts for the sale of Goods by the Supplier to the Buyer and take precedence over all other communication, agreements or documentation with the Buyer. Nothing in the General Terms and Condition of Sale is intended to affect the legal rights of the Buyer as a Consumer;
2.2 By accepting the delivery of Goods, the Buyer accepts the General Terms and Conditions of Sale;
2.3. Any special conditions in force will be defined in an e-mail sent to the Buyer and will form an integral part of these General Terms and Conditions of Sale;
2.4. These General Terms and conditions of Sale can be modified if the Supplier expressly accepts this in writing;
2.5. The Supplier reserves the right to change these General Terms and Conditions of Sale at any time. However this right must not affect the provisions of any already existing General Terms and Conditions of Sale (including the totality of the special conditions of sale or any variation of these general terms and conditions accepted by the Buyer during the purchase);
2.6. Any and all claims made by the Buyer must be made in writing to the Supplier’s address noted above at clause 1.6.
2.7. The language chosen to draw up the contract is English.
Section 3. The buying process
3.1. To place an order, the Buyer must follow the instructions as laid out in the purchase processes specified on our site www.iconikinterior.com/cgv-en/;
3.2. Conforming to the rules of current Contract Law governing the acceptance of online contracts, the contract is accepted from the point you click on the order confirmation button, after having verified the details (in particular the total price payable) and after having corrected any errors. The Supplier reserves the right to refuse an order for whatever reason;
3.3. If the Supplier is unable to deliver the Goods the Supplier must notify the Buyer. The Buyer will then have the choice of waiting until the products in question are available again or of receiving a complete refund within 28 days.
Section 4. Price and Payment
4.1. The price of the Goods as displayed on the internet site includes all taxes and can vary depending on changes made by the Buyer for custom made Goods. As indicated on the Site, the price does not include delivery charges. The total price including VAT and delivery will be displayed then confirmed during the order process before the confirmation stage of the order;
4.2 Payment for the Goods including VAT - if applicable - and delivery charges must be made in full before the order can be processed.
4.3. Once the Supplier receives the order, the Supplier will send a confirmation e-mail containing the details of the Goods ordered and their prices together with a reminder about the possible cancelation rights of the consumer;
4.4. The total price paid by the Buyer for the Goods will be displayed at the moment of payment. The Supplier reserves the right to change the displayed price in situations where our suppliers have increased their prices, new taxes or charges have been imposed, keying errors have been made or incorrect prices have been provided by our suppliers. The Supplier must however justify any price changes made. The Buyer may, if the Buyer wishes, cancel the order prior to dispatch of the Goods;
4.5. In the eventuality that a product is displayed with the wrong price due to one of the reasons mentioned above (see clause 4.4.), the Supplier reserves the right to refuse or to cancel any order passed at the incorrect price whether or not the order has already been confirmed. If the payment of your order had already been processed prior to its cancelation, the Supplier will make an immediate reimbursement of the total sum debited;
4.6. Payment must be made at the time of order, whatever delays are quoted. In the case of payment by credit card, the debit will be made immediately;
4.7 Rules for the use of promotional codes: promotional codes that the Buyer receives in the newsletter or by other means cannot be combined with other reductions and are not valid for sale products. Promotional codes received as gift vouchers or as compensation, cannot be combined with any standard reductions which have already been applied. Once the Buyer enters the promotional code onto the screen; the amount of the reduction will be deducted from the final total while the general discount rate – shown at the top of the screen – will be deducted automatically without the Buyer having to do anything. It is not possible to use two promotional codes in the same order. If the Buyer has two codes, the Buyer must choose which one to use.
4.8 Payment methods accepted on the internet site are: Bank Transfer.
Section 5. Rights of the Supplier
5.1 The Supplier reserves the right to withdraw any Goods from the internet site without notice or liability;
5.2. The Supplier reserves the right to refuse any order without being held responsible;
5.3. Unless mentioned on the internet site, prices are not guaranteed in the long term and can be subject to change. The Supplier reserves the right to update prices displayed on the site and commits to do everything possible to ensure that the prices are correct at the time the Buyer places an order.
5.4. In cases of late payment (that is incomplete or not made in time), the Supplier can immediately stop or suspend the delivery of the Goods until payment is received in full.
Section 6. Delivery
6.1. The Goods may be delivered to our warehouse as specified on the website (“Delivery Address”). The Buyer can collect the Goods at the Delivery Address or make the necessary arrangements for a third party transporter to retrieve the Goods from the Delivery Address;
6.2. When the Buyer organises the pickup and delivery of the Goods by a third party transporter, the Buyer must enter into a contract directly with them. If requested by the Buyer, the Supplier can provide the Buyer with a list of third party transporters together with the general terms and conditions of each. The Buyer can contact the Supplier at [email protected]. If a potential Buyer wishes to call on the services of a third party transporter, the Buyer must then contact the Supplier at this address prior to making any arrangements. The third party transporter will not deliver inside the Buyer’s premises.
6.3. The Goods will be available at the Delivery Address between 10 and 12 weeks after receipt of the order and the payment;
6.4. When the Buyer organises the pickup and the delivery of the Goods by a third party transporter, the delivery time may vary and this will be at the Buyer’s own risk;
6.5 The Supplier will endeavour to meet all dates agreed to deliver the Goods to the Delivery Address and all dates agreed for their collection by the Buyer or by a third party transporter. However, if the Supplier cannot meet the agreement, the Supplier must inform the Buyer who can then choose a new delivery date. In no circumstances can the Supplier be held responsible for any losses, damages or costs incurred by the Buyer or any third party. In addition, the Supplier cannot be held responsible if the Buyer cannot decide on a suitable date for delivery or collection;
6.6. The Buyer becomes owner of the Goods only once total payment has been made (cost of the Goods + delivery charges). Potential risks are therefore the responsibility of the Buyer from the moment the Goods are delivered to the Delivery Address. Please note that the third party transporter will only deliver to the street entrance of the of the client‘s property – delivery is not made inside the property;
6.7. Immediately after the collection of the Goods or their delivery by a third party transporter, it is the Buyer’s responsibility to check thoroughly that neither the packaging nor the Goods have sustained any damage. If the slightest damage is apparent (ex : tearing or crushing), the Buyer must notify the Supplier of this by email at [email protected] on the same day as the Goods are picked up or delivered by a third party transporter. In addition, when the Buyer reports the receipt of a package which appears damaged, it must be signed for with the notation ‘Packaged received damaged’;
6.8. It is the responsibility of the Buyer to open the package carefully. The Supplier cannot be held responsible for any damage the Buyer may cause while taking the Goods out of their packaging (eg: using a knife to open the package and ripping or scratching the product);
6.9. Non-delivery of goods – All articles returned by the third party transporter due to the non-availability of the Buyer will be charged as a second delivery. The same thing will apply if the Buyer has not provided the correct Delivery Address.
6.10. The company responsible for the delivery of the goods is DHL.
Section 7. Damaged Goods
7.1. It is the responsibility of each Buyer to check that all of the Goods are present (cf. clause 6.7);
7.2. If the Buyer notices that the packaging has been damaged, the buyer must notify the Supplier (cf. clause 6.7);
7.3. If the Buyer notices any damage or faults after opening the packaging or if the Goods do not correspond to those ordered, the Buyer must then notify the Supplier by email at [email protected] within 14 days from the date the Goods were collected or were delivered by the third party transporter. If the Buyer does not contact Iconikinterior, the Buyer agrees to keep the Goods;
7.4. If the Goods are found to be faulty or have been damaged, where liability is the responsibility of the Supplier and the Buyer wishes to make a claim, then:
7.4.1. The Buyer must retain the original packing (in good condition). Without the original packing, the Supplier will not be able to process the Buyer’s claim.
7.4.2. If the Supplier agrees to replace the product, the Supplier will then agree the logistics of retrieving the faulty or damaged Goods with the Buyer, with the aim of replacing them. Conforming to Section 6, the Goods will be picked up from the Delivery Address.
7.4.3. The Supplier will examine the Goods to determine liability. If responsibility for the observed damage lies with the Buyer, the Goods will be returned by mail to the original delivery address within 14 days of receipt of postage costs. The postage costs will be the same as those charged for the original delivery.
7.4.4. If responsibility for damage lies with the Supplier then the Supplier will make a replacement available as soon as possible after being notified of the problem by the Buyer. However, the Supplier reserves the right to offer reimbursement or compensation. Reimbursement or compensation will be paid within 28 days of the date that the Buyer notified the Supplier of the fault.
7.5. If the damage to the returned Goods is found to be the responsibility of the Buyer, then the Buyer will also be responsible for the cost of any repairs.
Section 8. Guarantee
8.1. Iconikinterior provides a five year guarantee on all of its products covering any manufacturing defects. We undertake to do everything in our power to replace faulty products. However if this is not possible, we reserve the right to reimburse the purchase price to the Buyer.
Section 9. Cancellation and return of Goods by the Consumer
This section covers the additional rights that the Buyer has as Consumer;
9.2. The Consumer also has legal rights which permit him to cancel the Standard Product contract by contacting the Supplier in writing – within 30 working days of collecting the Goods or if later, from the date the Goods were received from the third party transporter. The Consumer will be reimbursed. However this right of cancellation does not apply to made to measure Goods.
9.3. When the Buyer-Consumer exercises their legal right to withdraw from the contract, the Goods must then be returned by the Buyer, at the Buyer’s expense within 30 days of the cancellation. Unfortunately this condition does not apply to professional purchases. The Buyer must take good care of the Goods until they are returned to the Supplier. In the case of a cancellation, the Goods must be returned to the Supplier in their original packaging and we strongly recommend that you insure the Goods before handing them to the third party entrusted with their return to us;
9.4. If a Buyer-Consumer exercises their legal right to withdraw from the contract, they will be reimbursed. This reimbursement will be carried out via the same payment method that was used by the Buyer-Consumer at the time of the purchase;
9.5. If the Buyer-Consumer exercises his legal right to withdraw from the contract but fails to take care of the Goods prior to their return to the Supplier or does not return the Goods to the Supplier in perfect condition and in their original packaging or fails to return all of the Goods to the Supplier; then the Supplier has the right to deduct from the total sum to be reimbursed (cf. clause 8.4) any reasonable amounts to cover the repair or replacement of the Goods or their packaging. This sum is defined by DECIMAL CONCEPT, S.L. and may amount to 30% of the original purchase price. Our return conditions are available here: www.iconikinterior.com/en/cgv-en/.
9.6. The Buyer-Consumer is entitled to a period of 30 days to exercise their legal cancellation rights. Where the order relates to physical goods, this period is calculated from the time the goods are received. Where the order relates to services, the period is calculated from the time the order is accepted. If the 30 day period ends on a Saturday, Sunday, public holiday or other non-working day, it will be extended to the next working day. The client is under no obligation to justify the cancellation and will not be subject to any financial penalties.
Rules for exercising the right to cancel: when exercising the right to cancel, the client must send back the product in perfect condition (to permit its resale). The return postage costs are the responsibility of the consumer. Exercising the right of cancellation entitles the consumer to a refund of the sums paid during the order process, as soon as possible and no later than 30 days after the request for cancellation. The reimbursement will be made by bank transfer.
9.7. If the client choses to return a product bought as part of a “2 for the price of 1” promotion, the refund will be calculated as a proportion of the total value of the two products bought.
For example, if the most expensive item cost 750€ and the least expensive (therefore the free item) cost 250€, the reimbursement will be calculated as follows: 750 / (750 + 250) x 750=€562.50€.
So, the client has initially paid 750€ but has benefitted from a free product with a value of 250€. With a reimbursement of 526.50€, the balance of 187.50€ will not be refunded, which ultimately amounts to a net discount of 25%.
If the client adds another product to the order during or after the promotional offer, the normal price must be paid and normal procedures for returns will apply. The same formula will apply to all orders for multiple products as part of this offer. For example, where the client has bought 4 items and the two cheapest are free.
Section 10. Liability and Use of the Goods
10.1. The Buyer acknowledges being solely responsible for the use of the Goods supplied and that he will use them legally and exclusively for the purposes for which they are supposed to be used and in conformity with the instructions, advice, suggestions, guides and any other information supplied by the manufacturer. This assumes that the Buyer has read all of the guides and information supplied by the manufacturer, that the Buyer will take all necessary precautions or carry out any required tests prior to utilisation and that the Buyer completely understands these documents. The 5 year guarantee is valid for all products purchased from 5th March 2013. All purchases made before this date are covered by a standard one year guarantee. Please note: the guarantee does not cover wear and tear due to use.
10.2. In addition, the Buyer must not use the Goods in a way that the maker advises against and undertakes to respect all the applicable regulations relating to each Product provided;
10.3 It is the responsibility of the Buyer to ensure that all products are appropriate for the Buyer’s own personal use;
10.4. The Buyer expressly accepts that the effectiveness of any product depends on it being used, stored, checked and periodically maintained in an appropriate manner;
10.5. The Buyer expressly accepts that the Supplier will in no way be held liable. In addition, the Buyer indemnifies the Supplier for any loss or expense resulting from any contravention of article 9 above.
10.6 If the Buyer has provided personal specifications and/or measurements, then their accuracy remains the sole responsibility of the Buyer, who will be held solely responsible for any costs and/or expenses incurred due to the inaccuracy or to problems arising from the specifications and/or measurements supplied.
Section 11. Limitation of Supplier Liability
11.1. Nothing is these General Terms and Conditions of Sale can exclude or limit the liability of the Supplier in cases of death or personal injury resulting from the negligence of the Supplier, his employees or agents, or for any liability which cannot be limited or excluded by law;
11.2 The Supplier will never be held responsible for any indirect or consequential loss;
11.3. The Supplier will never be held responsible for any failure to deliver to the Delivery Address on the agreed date;
11.4. In cases of contravention of one of these General Terms and Conditions of Sale by the Supplier – other than the provisions associated with the law when the Buyer acts as the Consumer – the reimbursement to the Buyer is limited to the damage caused and will in no circumstances be greater than the purchase price of the Goods.
Section 12. Waiver
In accordance with the application of the Supplier’s rights (as set out in the contract) no waiver, tacit or explicit, can change the rights of the Supplier to do this again in the future.
Section 13. Request for of archived sales contracts
The contracts for sales carried out on our internet site (information relating to the Buyer’s order and the Terms and Conditions of sale in force on the day or the order) are archived for a period of 10 years. The Buyer can request a copy by electronic e-mail at [email protected] or by post to the address: DECIMAL CONCEPT, S.L., AVDA ANDALUCIA 1 PLANTA 1, 29631 BENALMADENA, MALAGA, CIF : B93564789, Spain.
Section 14. Force Majeure
The Supplier cannot, under any circumstances, be held responsible for delays or failures in the execution of his obligations if they result from events or circumstances beyond his control, such as natural disasters, accidents, wars, fires, strikes, evictions, disruptions to communication channels including telecommunications and computer networks, unavailability of facilities and equipment or shortages or unavailability of naturally occurring raw materials. The Supplier may therefore be allowed a reasonable amount of additional time to respond to the Buyer’s needs.
15. Errors and Indemnities
Each clause or part of these General Terms and Conditions of Sale must be considered independently of all others. This means that if a clause or part is judged to be inapplicable or invalid, the remainder of the General Terms and Conditions will not be affected.
16. Legal Jurisdiction
These General Terms and Conditions of Sale are governed by Spanish law and are subject to the exclusive jurisdiction of the Spanish Courts.