GENERAL CONDITIONS OF SALE
General conditions of sale
– The commercial transactions relating to products of SANIDAD AGRÍCOLA ECONEX, S.L. are subject to the following. General Terms and Conditions of Sale, which are shown and referred to in the corresponding order confirmations, as well as the commercial invoices of SANIDAD AGRÍCOLA ECONEX, S.L.:
– Orders will be accepted in writing, by email or telephone, and will only be binding once accepted by SANIDAD AGRÍCOLA ECONEX, S.L. through confirmation of the order, via any of the means of communication described above. The customer must verify the order confirmation and notify us immediately of any errors in writing. If not, the description of the product in the order confirmation will become part of this contract and will be binding for all parties.
Orders will be subject to availability and acceptance by SANIDAD AGRÍCOLA ECONEX, S.L., which may reject the order at any time and at its own discretion. The price quotations will only be valid in writing and during the time period indicated. If no time period is specified, then it will be 30 days.
– The price of the products will be the price established in the quotation. Payment will be made to the designated bank account in writing by SANIDAD AGRÍCOLA ECONEX, S.L. However, SANIDAD AGRÍCOLA ECONEX, S.L. reserves the right to interrupt the supply of Goods if any of the payment commitments have been breached. The place of delivery is indicated in the order confirmation.
SANIDAD AGRÍCOLA ECONEX, S.L. reserves its right to ownership of the product, in the event of total or partial non-payment of the order. If the customer rejects the delivery without prior approval of SANIDAD AGRÍCOLA ECONEX, S.L., the cost or resulting damages will be at their own expense, including storage, until the customer accepts the delivery. Similarly, SANIDAD AGRÍCOLA ECONEX, S.L. will not assume responsibility for delays in the delivery of Goods, in the absence of authorisation from the bank.
– Unless otherwise agreed, all products will be shipped from SANIDAD AGRÍCOLA ECONEX, S.L. and returns must be made to the same place.
The delivery will be made within the approximate time period indicated by SANIDAD AGRÍCOLA ECONEX, S.L., considering this date as the end of manufacture. These deadlines are only indicative, they will neither be guaranteed nor binding.
The Goods will be delivered to the transport company, which will be selected either by SANIDAD AGRÍCOLA ECONEX, S.L. or the customer. In the event that the transport company is selected by SANIDAD AGRÍCOLA ECONEX, S.L., the subcontracting of transport will be prohibited, in accordance with Chapter VI of Law 15/2009, of 11 November, regarding the land transport of goods contract.
When concerning an international commercial transaction and the delivery of the Goods is made under EXW conditions (………….) – Spain INCOTERMS 2020 or FOB (………) – Spain INCOTERMS 2020, the transport company will be selected by the customer. SANIDAD AGRÍCOLA ECONEX, S.L. is under no obligation to accept delivery of the Goods from the transport company selected by the customer. However, if the Goods are delivered under CFR conditions (………) – Spain INCOTERMS 2020, the transport company will be selected by SANIDAD AGRÍCOLA ECONEX, S.L. SANIDAD AGRÍCOLA ECONEX, S.L. will not be held responsible for costs incurred through breach of the delivery date. Ownership, risk of damage and/or loss of products will be passed on to the buyer the moment SANIDAD AGRÍCOLA ECONEX, S.L. delivers the products to the carrier or to the buyer. Such international commercial transaction is subject to the corresponding risk coverage of the buyer. SANIDAD AGRÍCOLA ECONEX, S.L. will not accept any responsibility for any loss or damage that the customer may incur in the event of an unavoidable delay regarding the delivery of their goods. Ownership and risk of loss regarding the products will be passed onto the customer upon delivery. In addition, when the sales transaction requires the Goods to be transported via sea freight, all parties acknowledge that the condition of shipper reflected in the Bill of Lading or B/L, will depend on the INCOTERM agreed in these particular sales conditions and the obligations for all parties that result from it. For such purposes, the parties agree that regardless of the operator that the B/L expressly refers to as the shipper, the condition of shipper and the obligations derived from such consideration will correspond to the following operators, depending on the INCOTERM agreed upon in the sales transaction: A) INCOTERMS 2020 CPT, CIP, DPU, DAP, DDP, CFR or CIF: Only the seller, SANIDAD AGRÍCOLA ECONEX, S.L., will be regarded as the shipper, in those cases in which a forwarder does not intervene in the operation and, consequently, SANIDAD AGRÍCOLA ECONEX, S.L. has a direct relationship with the transport agency. However, in the event that a forwarder intervenes in the commercial transaction as a mediator between the seller and the transport company, the condition of shipper will correspond to the forwarder; B) INCOTERMS 2020 EXW, FCA, FAS or FOB: the condition of shipper will correspond in any case to the buyer.
– The client should express their dissatisfaction, if any, within 14 days of receiving the product, through written communication addressed to SANIDAD AGRÍCOLA ECONEX, S.L., specifying the reasons.
After verifying that the product is in perfect condition, a reimbursement will be made within a maximum period of 30 days, from receiving the product at the shop where the original purchase was made or at the SANIDAD AGRÍCOLA ECONEX, S.L. warehouse.
– SANIDAD AGRÍCOLA ECONEX, S.L. only guarantees the composition, formulation and content of the products, taking responsibility for the direct, immediate and exclusive damages caused in the composition, formulation and content of the products sold. SANIDAD AGRÍCOLA ECONEX, S.L. will not be held responsible for damages produced by factors beyond the company’s control that have either totally or partially contributed. For instance, the weather conditions, usage or mixing with other products, amongst others. In addition, SANIDAD AGRÍCOLA ECONEX, S.L. will provide recommendations and information supported by extensive and meticulous research and tests; which must be taken into account by the customer when using the products. The customer will be responsible for any damage caused, in whole or in part, for the total or partial non-observance of the instructions provided. Furthermore, the customer will be responsible for all that is referred to as the performance of the products; which comes from total or partial non-observance of the instructions and information provided by the company.
In the event that the Purchaser is a Consumer, the commercial guarantee will be regulated by Royal Decree 1/2007, of 16 November, which approves the revised text of the Law for the Defence of Consumers and Users and other complementary legislation, taking into account the amendments made to this regulation by Royal Decree-Law 7/2021, of 27 April, transposing European Union directives on consumer protection, in particular Directive (EU) 2019/771 of the European Parliament and of the Council, of 20 May, 2019 on certain aspects of contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC.
Taking into account the applicable regulations, in cases such as of lack of conformity with the products, SANIDAD AGRÍCOLA ECONEX, S.L. shall be liable for any lack of conformity that exists at the time of delivery or supply and which becomes apparent within three (3) years of delivery, the date of delivery being considered to be that which appears on the commercial invoice, unless said conformity has been expressly stated by the Purchaser by signing the corresponding document of delivery of the goods.
This guarantee, which is regulated by the legislation on the protection of Consumers and Users, and applicable when the Purchaser has this status, only covers non-conformities arising from proven manufacturing defects, e.g., existing at the time of delivery of the product. However, it shall not apply in the event of misuse, improper or incorrect handling and/or maintenance, or in the event of improper use of the product, including any failure to comply with the instructions provided to the Purchaser, or due to a lack of skill or negligence on the part of the Purchaser, as well as in the event of incidents caused by force majeure. In summary, for any reason beyond the manufacturer’s responsibility. Furthermore, this guarantee shall be immediately void in the event that the product is manipulated or modified in its composition by any person without the express written authorisation of SANIDAD AGRÍCOLA ECONEX, S.L.
In the event that the regulations governing the protection of Consumers and Users establish presumptions in relation to the lack of conformity existing at the time of delivery, the specific case will be assessed in order to determine the compatibility of the presumption with the nature of the product and the alleged lack of conformity. Moreover, in the event that any legally established presumption is applicable in relation to the lack of conformity existing at the time of delivery of the Product, SANIDAD AGRÍCOLA ECONEX, S.L. shall be entitled, in any case, to carry out expert tests in order to determine whether the lack of conformity existed at the time of delivery, and the Purchaser shall facilitate as far as possible the carrying out of such tests.
– The use of material protected by intellectual property rights, of which SANIDAD AGRÍCOLA ECONEX, S.L. is the owner, on the part of the buyer (in the case that the buyer is authorised to use it), including: brand names, logos, product names, domain names and other signs used in advertising, social networks, web pages, as well as, the Internet in general, must respect the limitations of the Legal System relating to the benefit of use. Under no circumstances, may the authorised person modify the appearance, structure or content of the elements subject to authorisation or add other elements; Always following the guidelines established by the management of SANIDAD AGRÍCOLA ECONEX, S.L. Its non-compliance could serve as a basis for the enforcement of a penalty.
The authorised person may only use the permitted elements in a way that does not endanger the reputation or image of SANIDAD AGRÍCOLA ECONEX, S.L. If there is a possibility of this happening then, SANIDAD AGRÍCOLA ECONEX, S.L. can at any moment withdraw its authorisation of use. The trademarks, images, logos, signs and other distinctive signs identifying the products, that are manufactured or marketed by SANIDAD AGRÍCOLA ECONEX, S.L., will be registered in accordance with the legal requirements on intellectual property, and the laws and regulations in force.
SANIDAD AGRÍCOLA ECONEX, S.L. authorises the use of the trademarks, images, logos and distinctive signs linked to the products manufactured or marketed by the authorised party throughout the term of the concession and for the sole purpose of identifying and promoting the products exclusively within the limits of the authorised concession and for the benefit of SANIDAD AGRICOLA ECONEX S.L. The authorised party is committed to safeguarding the trademark, logo, sign and other distinctive elements and to apply the necessary measures for their effective protection.
The authorised party acknowledges that granted usage, according to the current General Sales Terms and Conditions, the brand, the logo and the photographic and/or audiovisual material, has not been granted any property rights over them. The authorised party agrees to peacefully use the brands, logos, signs and photographic and/or audiovisual material of SANIDAD AGRÍCOLA ECONEX, S.L., and may use all brand names in all advertising or other activities carried out by SANIDAD AGRICOLA ECONEX S.L. in the framework of promotion and sale of products.
The authorised party promises not to register or request the registration of any trademark, logo or sign belonging to SANIDAD AGRÍCOLA ECONEX, S.L. (or others that are similar, which could lead to confusion with those of SANIDAD AGRÍCOLA ECONEX, S.L.).
The authorised party will notify SANIDAD AGRÍCOLA ECONEX, S.L. of any violation of the brands, logos, signs and photographic and/or audiovisual material registered by SANIDAD AGRÍCOLA ECONEX, S.L., that comes to their knowledge, as well as, the industrial property rights (patents), owned by SANIDAD AGRÍCOLA ECONEX, S.L. The authorised party is free to promote the products via Internet, catalogues and through other means of commercial promotion, but cannot use the brands, logos, signs and photographic and/or audiovisual material registered by SANIDAD AGRÍCOLA ECONEX, S.L. without having previously agreed in writing the details of said use.
The authorised party promises: 1) To not include any keywords for search engines, that refer to the brands and signs of SANIDAD AGRÍCOLA ECONEX, S.L.; 2) To not create any websites or domains with the brands or signs of SANIDAD AGRÍCOLA ECONEX, S.L.; 3) To not modify images or documents produced by SANIDAD AGRÍCOLA ECONEX, S.L. to be published later in their catalogues or on the Internet; and, 4) There also exists the possibility that SANIDAD AGRÍCOLA ECONEX, S.L. authorises the creation of profiles on social networks, as long as SANIDAD AGRÍCOLA ECONEX, S.L. is the administrator. Similarly, the authorised party must agree to transfer the login details to said networks, within a maximum period of 7 days or when SANIDAD AGRÍCOLA ECONEX, S.L. requires it. Also, SANIDAD AGRÍCOLA ECONEX, S.L. reserves the right to the possibility of requesting the authorised party, at any time, for the cancellation of the profile on social networks.
The authorised party agrees, at the request of SANIDAD AGRÍCOLA ECONEX, S.L., to remove all advertising, whether printed, digital or located on the Internet bearing the trademarks, logos, photos, data or signs of SANIDAD AGRÍCOLA ECONEX, S.L. within a period not exceeding 30 days.
– SANIDAD AGRÍCOLA ECONEX, S.L. in accordance with (EU) Regulation 2016/679 from the European Parliament and Council, on the 27th of April, 2016, concerning the protection of individuals with regard to the processing of personal data and the free circulation of this data and repealing Directive 95/46/EC (GDPR); Law of Information Society Services and Electronic Commerce (LSSI) 34/2002, on the 11th of July and; the Organic Law of Protection of Personal Data and guarantee of Digital Rights 3/2018 (LOPDGDD), on the 5th of December, informs you that your personal data will be included in files owned by SANIDAD AGRÍCOLA ECONEX, S.L., whose purpose is to manage suppliers and clients, fulfilment of contracted services, commercial monitoring of clients and other commercial communication activities.
SANIDAD AGRÍCOLA ECONEX, S.L. will not transfer your data to third parties except for a regulatory requirement or legal demand, as a result of the legal relationship. Similarly, SANIDAD AGRÍCOLA ECONEX, S.L. informs you that it will not transfer your data to a third country or international organisation. However, you may, at any time, exercise your right to access your personal data, for its rectification or cancellation, to the limitation of the treatment of your information, as well as the right to portability of the data, in the manner provided for by law; which is through written communication to SANIDAD AGRÍCOLA ECONEX, S.L. at: email@example.com, attaching a copy of your ID CARD/NIE NUMBER or PASSPORT.
The data will be kept for as long as customer relations are maintained, except if you exercise your rights to control and, then for as long as necessary for the fulfilment of any legal obligation or as a result of a pre-existing legal relationship.
– In the event of a disagreement regarding the validity, execution, or interpretation of this contract, the parties promise to settle it amicably. However, in the event that the parties do not reach an agreement through negotiation, the intervening parties expressly agree that any litigation, discrepancy, question or claim resulting from the execution or interpretation of this contract or related to it, directly or indirectly, will definitively be resolved through arbitration. This being within the framework of the Murcia Court of Arbitration (Spain), with headquarters in the Official Chamber of Commerce, Industry and Navigation of Murcia (Spain), which is entrusted with the management of the arbitration procedure and appointing the arbitrators, in accordance with the Regulations and Statutes, which will be resolved by applying the Spanish law.