TABLE OF CONTENTS
1. SCOPE OF APPLICATION
2. CONCLUSION OF THE CONTRACT/AGREEMENT
3. PRICE AND DELIVERY COSTS
4. SHIPMENT AND DELIVERY CONDITIONS
5. LIABILITY FOR DEFECTS
6. LIABILITY
1. SCOPE OF APPLICATION
1.1 These Terms and Conditions of the company Rafael Salvador Roca doing business as TUNDS (trademark, hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client" and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf.
2. CONCLUSION OF THE CONTRACT
2.1 The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer by the online order form integrated into the Seller's online shop. In doing so, after having entered his personal data and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart. The Client may also present the offer to the Seller by means of telephone or e-mail.
2.3 The Seller may accept the Client's offer within five days by transferring a written order confirmation or an order confirmation in written form (e- mail or letter); as long as receipt of order confirmation by the Client is decisive, or by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or by requesting the Client to pay after he/she placed his/her order. Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the seller not accept the Client's offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.4 The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on expiry of the fifth day following the sending of the offer.
2.5 The contract's content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail or letter) after the Client has submitted his order. In addition, the contract's content will be stored on the Seller's website and can be found by the Client in the customer login via the password-protected customer account, provided the Client has created a customer account in the online shop prior to submitting his order.
2.6 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
2.7 The contractual language is English.
2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Clients responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Clients responsibility, if SPAM filters are used, to ensure that all e- mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3. PRICE AND DELIVERY COSTS
3.1 Prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
3.2 For deliveries to countries outside the European Union, additional costs may arise which are beyond the Seller's control. They shall be borne by the Client. Such costs are for example money transfer costs (transfer fees, exchange rate charges) or customs duties or import taxes.
3.3 Payment can be made using one of the methods mentioned in the Seller's online shop.
3.4 If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.
4. SHIPMENT AND DELIVERY CONDITIONS
4.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client. In the processing of the transaction, the delivery address indicated in the Seller's order processing documents shall be applicable.
4.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply if the Client hereby exercises his/her right of cancellation, or if he/she has been temporarily impeded to receive the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.
4.3 The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client upon delivery of the goods to the Client or to an authorized recipient. Should the Client act as a trader, the risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred upon delivery of the goods to a qualified transport person at the Seller's place of business.
4.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall immediately inform the Client and grant him immediately counterperformance.
4.5 Should the Client collect the goods himself, the Seller informs the Client by e-mail that the goods are available for collection. After receiving the e-mail, the Client may collect the goods in consultation with the Seller. In this case no shipment costs will be charged.
5. LIABILITY FOR DEFECTS
Should the object of purchase be deficient, statutory provisions shall apply. Deviating thereof, the following shall apply for a product which was not used, in accordance with its usual application, for a building construction and which was the cause of the building's defectiveness.
5.1 Vis-à-vis traders
• a marginal defect shall generally not constitute claims for defects,
• the Seller may choose the type of subsequent performance,
• for new goods, the limitation period for defects shall be one year from transfer of risk,
• for used goods, rights and claims for defects are generally excluded,
• the limitation period shall not recommence, if a replacement delivery is carried out within the scope of liability for defects.
5.2 For consumers the limitation period for claims for defects shall be
• for new goods, two years from delivery of goods to the Client
• for used goods, one year from delivery of goods to the Client with the limitation spelt out in Section 6.3
5.3 For traders and consumers, the aforementioned limitations of liability and the restrictions of limitation periods in Section 6.1 and Section 6.2 do not refer to claims for damages and reimbursement of expenses that the buyer may assert due to statutory provisions for defects according to Section 7.
5.4 Furthermore, for traders the statuary limitation periods for recourse claims remain unaffected. The same shall apply for traders and consumers in the event of wilful intent or gross negligence and fraudulent concealment of a defect.
5.5 If the Client is a businessperson he has the commercial duty to examine and notify defects. Should the Client neglect those duties, the goods shall be deemed approved.
5.6 If the Client is a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller be informed accordingly. Should the Client fail to comply therewith, this shall not affect his/her statutory or contractual claims for defects.
5.7 Should supplementary performance be rendered by means of replacement delivery, the Client is obliged to resend the initially delivered goods to the Seller within 30 days at the Seller's expense. For return shipment of deficient goods statuary provisions shall apply.
6. LIABILITY
The Seller shall be liable for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows.
6.1 The Seller shall face unlimited liability
• in case of intent or gross negligence
• in case of injuries of life, body or health resulting from intent or negligence
• in case of a promise of guarantee, unless otherwise provided.
• in case of liability resulting from mandatory statutory provisions such as the product liability and safety law.
6.2 Provided that the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to Section 7.1. Essential contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Client can regularly rely.
6.3 For the rest the Seller's liability is excluded.
6.4 The aforementioned provisions on liability apply also for the Seller's liability regarding his legal representatives and vicarious agents.
7. LAW AND JURISDICTION
7.1 If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by Spanish law.
7.2 If a Client acts as a trader pursuant to Section 1.2, any contractual relationships between the parties are governed by Spanish law.