The present General Conditions of Sale have the purpose of regulating the contractual relations between Agromaquinaria Gijón, S.L. with registered office at Calle Sigmund Freud 190. Nave 13. 33211 Gijón (Asturias), Spain, registered in the Mercantile Register of Asturias, Volume 1.876, Folio 1, Page 1, Sheet 13.436, VAT number ESB33801762 and its clients (hereinafter orderer, client or buyer), within the framework of its professional activity.
Each order or purchase order by the customer on www.asvarta.com implies full acceptance of these General Conditions of Sale, unless expressly derogated in the confirmation of the order by Agromaquinaria. In any case, revocation by the orderer is not admitted.
Any declaration of representatives or employees will not be definitive unless it is confirmed in writing by our headquarters in Gijón.
Lists, quotations, offers, catalog illustrations and prices are non-binding and may be subject, at any time and without prior notice, to variations due either to product improvements or to cost increases, in particular, arising from materials, labor, transport, customs or fiscal charges on the products. This possible variation, and its consequences, which will be communicated to the customer as soon as possible after the order, must be accepted by the customer. Only after such acceptance, the order will be understood as confirmed by Agromaquinaria; this confirmation will be expressly sent.
The orders are placed by the client at the counter, by telephone, fax, e-mail or online store www.asvarta.com.
Purchase orders made through www.asvarta.com will only be generated when all the required data for the correct identification of the client, the products and the shipping address are correctly filled in. Once the purchase order is received, the customer will receive a purchase order confirmation email, with the steps to follow depending on the options chosen in the purchase process.
The system, as a security tool, stores the IP addresses of the connection from which the purchase is made in order to use it as evidence against possible fraud by misuse of the accepted payment cards or other actions likely to be considered as fraud (false orders, ...).
Depending on whether or not the products ordered are available in stock, our staff will inform the buyer of the expected delivery date or any changes to the order (product specifications), and the customer may cancel the purchase order if it does not conform to the original order. In case that one or several products of the purchase order are not available due to force majeure Agromaquinaria Gijón, S.L. reserves the right to cancel the order previously communicating it to the client and returning the amount of the order if it has already been paid. Likewise, it reserves the right not to attend an order if it considers that any of the data of the purchase order; identification data, payment method or any other kind of data are fraudulent, erroneous or incomplete. Additionally, reserves the right not to attend an order if the published price is considered objectively erroneous, which may be due to internal causes of publication, typographical errors, technological incidents or similar causes not foreseen by the store, in which case our company will contact the customer to communicate this errorshipments will be made to the shipping address indicated by the customer in the purchase process, in the event that the customer changes the shipping address in the period of handling and transportation, you must pay the costs of such change. In any case, we will try to manage the change as soon as possible to avoid such increased costs, although we cannot assure that the changes do not imply a higher shipping cost.
Every order placed is considered validated when Agromaquinaria Gijón, S.L. sends a confirmation. From this moment on, the order is firm and definitive. Any validation of an order implies the acceptance of the present General Sales Conditions.
Unless proved otherwise, the data registered by Agromaquinaria Gijón, S.L. constitute the proof of all the transactions concluded with the buyer. It is also specified that the buyer is the only responsible for the accuracy of the information communicated to Agromaquinaria Gijón, S.L. at the moment of placing an order and its consequences (delay, impossibility of delivery, etc.).
The terms of the orders transmitted and validated by Agromaquinaria Gijón, S.L. are irrevocable for the client. Any modification request by the client must be accepted in writing by Agromaquinaria Gijón, S.L. In this case, our company will not be bound by the initially agreed terms. In case a client places an order to Agromaquinaria Gijón, S.L. without having paid previous order(s), this will be able to reject the order, without the client being able to claim any compensation, whatever the reason may be.
The product information shows an estimated availability, which in no case entails a contractual commitment with the customer regarding the delivery time. Saturdays, Sundays and holidays (national and local) do not count for the purpose of calculating the number of days required for shipment. Orders are not shipped to post office boxes, consignment boxes or post office boxes of any kind.
Delivery times are merely indicative and may be subject to delays due to force majeure, either on the part of our company or on the part of our suppliers; such causes, which are not exhaustive, include lack of materials, products and spare parts, strikes, interruptions in energy supplies and transport services. Delays shall not give rise to any indemnity, rejection of the goods, cancellation of the sale or claim for deduction, compensation, penalty or damages, unless expressly agreed in the contract.
Our prices correspond to goods ex our warehouses according to the EXW Incoterms® 2020 International Chamber of Commerce - ICC rule, excluding packaging, unless expressly agreed.
The prices shown in www.asvarta.com include the VAT in force in Spain and will be paid by the method selected by the customer among those available at that time and that will be shown in the purchase process. Unless otherwise expressly indicated in the section DNI/NIF/NIE (Individual) - CIF (Company), and in the section Shipping Address, and another VAT regime will be applicable (Intra-Community Delivery of Goods, sale to individuals within the EU - One Stop Shop VAT (OSS), Export, etc.), the delivery of the products will be understood to be located in the Territory of Application of the Spanish VAT (except for the Canary Islands, Ceuta and Melilla). The applicable VAT rate will be the one legally in force at any given time depending on the specific item in question.
Delivery charges will be invoiced additionally depending on the volume, weight and delivery method chosen. Any tax, duty or other service that must be paid in application of the Spanish legislation or that of an importing or transit country, as well as any modification of these between the date of the order and the date of the invoice, will be paid by the client.
Agromaquinaria Gijón, S.L. reserves the right to modify its prices at any time. However, it commits itself to invoice the ordered goods at the prices indicated at the moment of the registration of the order.
The buyer expressly authorizes Agromaquinaria Gijón, S.L. to issue the invoice in electronic format, although he can indicate at any time his wish to receive an invoice in paper format, in which case, we will issue and send the invoice in this format. If the buyer requires the issuance of a complete invoice, the buyer undertakes to provide us with his DNI/NIF (Individuals) or CIF/VAT Number (Companies), as well as the complete details of his fiscal address for invoicing purposes.
The products are deemed to have been delivered to the orderer when they have been handed over to the carrier or the carrier or whoever is responsible for taking possession of them. Shipment is always at the customer's risk and expensethe customer shall not be entitled to object to the possibility of finding cheaper prices or means of transport than those used, unless appropriate instructions have been given in a timely manner. In the event of delay on the part of the Ordering Party in collecting the goods, the risk shall pass to the Ordering Party and the goods shall be deemed to have been delivered within five days of notification that the goods are ready and have been sent to the Ordering Party.
No transport document must be signed to the carrier before inspecting the goods. In the event of damage and/or missing goods, the Ordering Party shall claim damages from the carrier in accordance with the carrier's claim protocols and, if necessary, have an expert involved. The dispatched merchandise cannot be returned in any case without the orderer having requested and obtained the express authorization of Agromaquinaria Gijón, S.L.
In case a previously paid order is made available to the client and the client does not pick it up, Agromaquinaria Gijón S.L. will try to locate it and facilitate its delivery as much as possible. If it is not picked up within 7 days, the client will have to pay the storage amount charged by the logistics provider for this service. If the product is not picked up within 15 days, it will be returned and the customer will have to pay the shipping and handling costs of the return
In case of delay of the shipment at the request of the customer, the costs of storage shall be borne by the customer. and shall be debited from 15 days after notification that the goods are ready (the customer's payment obligations shall also remain unchanged).
In case of delay of the shipment at the customer's request, the expenses derived from the storage will be accrued at the customer's cost and will be debited from 15 days after the notification that the goods are ready (the customer's payment obligations will also continue unaltered).
Agromaquinaria Gijón, S.L. reserves the right to make partial deliveries.
The customer must check the conformity, both qualitative and quantitative, of the delivered products with the ordered products and with the delivery note or invoice. In case of damage or shortages, it is the responsibility of the recipient to check the goods at the time of receipt and, if necessary, to make reservations on the transport document. Claims for incomplete or irregular deliveries, e.g. lack of promised quality or apparent defects, must be made immediately, in writing or by e-mail to firstname.lastname@example.org. Otherwise, the products shall be deemed to be accepted without reservation.
Any defect of the product must be reported at the time it is discovered, in writing, and in any case within two months from the date of receipt of the goods. The purchaser will have to present proofs and justifications that allow to verify such defects, in case of use.
In these claims, Agromaquinaria Gijón S.L. undertakes to supply everything that is missing, or to replace what constitutes an error or is defective; any other compensation for direct or indirect damages is excluded. The duration of the warranty shall not be modified by such replacement or repair.
Any consumer shall have a period of 14 working days to exercise the right of withdrawal provided for in Directive 2011/83/EU of the European Parliament and of the Council, without having to justify his decision or pay penalties, with the exception of return costs. The period of 14 days mentioned above starts to run from the date of receipt of the product(s) by the customer. If the 14-day period expires on a Saturday, Sunday or public holiday, it will be extended until the next working day. The communication must be made via e-mail email@example.com.
Once the client communicates his desire to proceed with the return, Agromaquinaria Gijón S.L. will confirm the reception of his message. Without this confirmation, the product will not be accepted and will be returned to its origin. After our confirmation, you must send us the merchandise you wish to return in the original packaging and with the total of its original content, including accessories, warranties and manuals. Once we receive the goods, we will check that all the above requirements are met and if so, we will proceed to refund the amount of the products of your order (in any case the amount paid for postage or transportation thereof, or reimbursement costs). The form of payment of the return will be credit to your credit card if it was paid by credit card.
In the case that a client wants to return a product or several products, in a "multiproduct" order, Agromaquinaria Gijón, S.L. reserves the right to take into account the shipping costs in the case that the return affects the total amount of the order and has benefited from the option of free shipping costs at the moment of the purchase. The customer must contact us via e-mail firstname.lastname@example.org, indicate the product or products you wish to return, and we will indicate the costs associated with such return.
The right of withdrawal from the previous point NO be invoked by professional customers, excluded, therefore, from the status of consumers. Any return of goods by a professional buyer must be the object of a written agreement between Agromaquinaria Gijón, S.L. and the client. All goods returned without this agreement will remain at the disposal of the client and will not give rise to the issuance of a credit note.
Any return due to an error made by the client when placing the order may give rise to a discount of 30% of the amount of the order by Agromaquinaria Gijón, S.L. It is also specified that the articles and materials that are not in stock cannot be returned. The return expenses and risks will always be paid by the client. To be accepted, products must be returned in their original condition and packaging with all accessories and manuals.
After the verification of the returned products, any accepted return will give rise, at the choice of Agromaquinaria Gijón, S.L., to:
The verification of each piece of equipment, spare part, etc. at the manufacturers' factories is considered to have been carried out.
Agromaquinaria Gijón, S.L. guarantees the products it distributes in accordance with the standard clauses of the manufacturers of such products (the name of the manufacturer appears in the product sheets and in the rest of the commercial documentation).
Unless expressly stated otherwise, as in the web www.asvarta.com, it is understood that the prices of the products do not include Value Added Tax or other taxes or fees. Payment shall always be made in the manner provided on the website.
All intellectual property rights are property of Agromaquinaria Gijón S.L. and its licensors. It is not allowed to copy, distribute or use in any other way these materials without the written consent of Agromaquinaria Gijón S.L, except and only if the rules of mandatory law (such as the right of quotation) provide otherwise, unless otherwise stipulated for specific materials.
All the transactions between Agromaquinaria Gijón S.L., and the buyer of its products will be governed by the Spanish law, as well as by any international treaties or community regulations that may be applicable, and other Spanish commercial uses and practices.
Any conflict derived directly or indirectly from a contractual relationship in which Agromaquinaria Gijón, S.L. intervenes, will be submitted to the Courts of Gijón. Asturias (Spain), with express waiver of the other party to the jurisdiction that may correspond to itunless a legal obligation of the purchaser's country determines otherwise.
The customer agrees to comply with all applicable laws, statutes, guidelines and/or regulations in force in the field of anti-corruption, use of goods that are not in compliance with the laws, and other applicable laws. The customer is also responsible for taking all measures to ensure that each of its distributors, agents and third parties under its control or through which it can exert influence, adhere to such conduct. Agromaquinaria Gijón, S.L. reserves the right to cancel at any time, even after the payment, at its sole discretion because of an alleged, potential or actual conduct not in accordance with the law.
The only valid text is the one written in English. The sole purpose of the translations is to facilitate the understanding of the buyer.
Without prejudice to what has been foreseen in the present General Conditions of Sale or what has been expressly agreed to the contrary, Agromaquinaria Gijón, S.L. in no case, will be responsible for damages such as incidental, indirect, consequential losses, or economic or immaterial damages or loss of profit, loss of profit, loss of production or discarded production or damages derived from claims coming from the buyer's clients. However, this exclusion will not apply in cases of negligence or fraudulent conduct of Agromaquinaria Gijón, S.L. In any case, the maximum amount for which Agromaquinaria Gijón S.L. will be liable to the buyer will not be higher than the sale price of the product.
The total or partial nullity of one or more clauses of these General Conditions will not affect the validity of the contract, neither of the remaining clauses nor of the rest of the affected clause, in case of partial nullity. The clause that is totally or partially null and void shall be replaced by a clause whose economic result is as close as possible to the result intended by the null and void clause.
The responsible for the treatment of the personal data provided by the buyer is Agromaquinaria Gijón S.L. ESB33801762, Calle Sigmund Freud 190. Nave 13. 33211 Gijón (Asturias), Spain. The data provided are necessary to process the purchase of the products and will be treated for that purpose. The buyer's personal data may be communicated to authorities and public bodies for the fulfillment of a required legal obligation, as well as to service providers and third parties necessary for the management of your orders.
The data marked with (*) are mandatory to fulfill the purpose of providing you with the information and/or service you request, as well as for sending administrative, technical, organizational and/or commercial information about our products and services. Failure to complete the fields marked as mandatory will prevent us from processing your request and sending you the requested information. The sending of these forms, as well as an e-mail, implies the user's consent to the processing of his/her personal data for the aforementioned purposes.
The buyer's data may be used based on the legitimate interest of Agromaquinaria Gijón S.L. to inform him/her about offers, promotions, products and services that may be of interest taking into account the products and services previously contracted, although the buyer may oppose to the treatment of his/her data for this purpose at any time.
The buyer's personal data will be processed for as long as the commercial relationship is maintained or for the years necessary to comply with legal obligations. Otherwise, your data will be kept as long as you do not request the cessation of the activity or for the time necessary for the formulation, exercise or defense of claims.
The buyer may exercise their rights in relation to the processing of their personal data (access, portability, revocation of consent, rectification, opposition, limitation, deletion) in accordance with current regulations, by sending a letter to the address above, or by email to email@example.com. You can also address your claims about the treatment of your personal data to the Spanish Data Protection Agency (www.agpd.es).
Agromaquinaria Gijón, S.L. makes an effort to update and/or complete the content of www.asvarta.com. In spite of this precaution, it is possible that the content could be incomplete and/or incorrect and no rights will be derived from this website.
The prices and other information about the products www.asvarta.com are subject to obvious programming and typing errors. In this case, Agromaquinaria Gijón, S.L. reserves the right to cancel the order communicating it previously to the client and returning the amount if it has already been paid. The client cannot claim any agreement with our company based on these possible mistakes.
Furthermore, we cannot guarantee that the colors displayed on our website are an accurate representation of the colors of our actual products. The configuration of your computer determines how the color is displayed.