Legal Terms
General Contractual Conditions for www.industex.com
Contents:
1. Applicable Scope
2. Acceptance of these General Conditions
3. Quotes, Prices and Offers
4. Sales System. Purchase Order and Order Confirmation
5. Payment Terms
6. Reserved Ownership
7. Product Delivery
8. Right of Withdrawal
9. Warranties
10. Technical Service
11. Liability
12. Force Majeure
13. Termination
14. Customer Obligations
15. Protection of Personal Data
16. Communication
17. Customer Service
18. Place of Execution
19. Jurisdiction
1. Applicable scope
These general sale and purchase conditions (hereinafter, “General Conditions”) govern the online sale and purchase of the products and services offered by INDUSTEX SL, with registered office at Av. P. Catalanes 34, 8ª planta, Esplugas de Llobregat, Barcelona, Spain (hereinafter, “INDUSTEX”), via its website at www.industex.com. These products and services are offered for sale using the technical systems incorporated to this end at the aforementioned website. Unless indicated to the contrary, the General Conditions supplement the clauses contained in the relevant electronic purchase order (hereinafter, “Purchase Order”).
This agreement does not apply to the purchase of Products and Services from retailers or distributors, nor does it represent a retail or distribution agreement.
2. Acceptance of these General Conditions
By completing and submitting the relevant Purchase Order, you offer your full and unreserved acceptance of each and every one of these General Conditions, as set out in the Purchase Order itself.
3. Quotes, Prices and Offers
The products offered at www.industex.com shall be available for purchase at the prices indicated therein while they are included in the catalogue shown on the website.
All quotes and prices offered shall only be valid when set out in writing, for the period indicated in the relevant quote. If no specific period is indicated, they shall remain valid for 10 days (including third-party Products).
4. Sales System. Purchase Order and Order Confirmation
Orders shall only be submitted to INDUSTEX electronically using the Purchase Order form provided. The said form shall be duly completed and, in particular, all blank spaces shall be duly filled in and all compulsory information provided.
Once a Purchase Order has been received, INDUSTEX shall immediately send confirmation of the sale and purchase agreement completed (hereafter, “Order Confirmation”) to the email address indicated in the Purchase Order. You must check the Order Confirmation and notify us, immediately and in writing, of any error. Otherwise, the contents of the Order Confirmation shall be applicable.
Order Confirmation shall be stored on the website for consultation by the purchaser.
In the event that, on receipt of the Purchase Order, the Product or Products requested in the Order are not available in stock, INDUSTEX shall offer the Customer the opportunity to acquire a similar Product.
5. Payment Terms
5.1. Price
Products shall solely be paid for by one of the following methods, as chosen by the Customer:
a) By credit card. Payment by credit card is a service offered directly by the credit institution. The cards accepted are VISA and MASTERCARD. In order to enhance security when purchases are made via the Internet and to protect the parties involved in the operation from potentially fraudulent behaviour, Visa and MasterCard have agreed to offer a secure trading system for purchases made via the Internet.
INDUSTEX shall remain exempt from any liability relating to the confidentiality and security of any information or data provided by the Customer when paying for electronic purchases by credit card, insofar as the processing of this information or data is not under the exclusive control of INDUSTEX.
b) By bank transfer to the account indicated in the Order Confirmation. In this case, the Customer shall indicate the total value of the purchase, the beneficiary (INDUSTEX) and the "Order ID".
c) By any other form of electronic payment that INDUSTEX makes available to its Customers via the website at www.industex.com .
5.2. Expenses and taxes
The cost of preparing, packaging and despatching the Products purchased and, where applicable, any VAT or other taxes payable, shall be paid by the Customer together with the purchase price, using the same method chosen for payment of the Products.
5.3. Payment guarantees
INDUSTEX hereby reserves the right to require the Customer to provide the relevant payment guarantees prior to sending the Order Confirmation and processing the Purchase Order received, taking into account any risks to which it may be exposed, as indicated, for example, by any incidents that have occurred in respect of past payments or the existence of financial reports that make such a measure advisable.
6. Reserved Ownership
INDUSTEX hereby expressly reserves ownership of the Product until its purchase price and any applicable expenses and taxes have been paid in full. Until that time, the Customer shall insure the Products and store them separately, and it may not modify, pledge or sell them.
INDUSTEX may take legal action to collect the purchase price before ownership is transferred.
INDUSTEX may suspend the Service or delivery of the Product until the Purchase Order has been paid in full.
7. Product Delivery
7.1. Delivery period
The Products shall be delivered within a period of 15 working days following the date on which the purchase price and any applicable expenses and taxes have effectively been paid in full. In the event that Products are to be delivered online, INDUSTEX shall not accept any liability when the Service cannot be provided due to an interruption in utility supplies (electricity, telecommunication lines, etc.) or, in general, any other incident of force majeure or fortuitous event.
INDUSTEX may deliver Products in several separate deliveries. A shortage of stock represents sufficient grounds to interrupt the calculation of the delivery period, provided that the Customer is verifiably informed of this circumstance prior to the expiry of the said period.
7.2. Transfer of risk
Products shall be delivered by INDUSTEX, or by a third party on behalf of INDUSTEX, by being placed at the Customer’s disposal at the address indicated by the Customer in the Purchase Order. The Customer shall be liable for the Products’ deterioration, damage or loss from the time at which the Products are made available to it under the terms of this clause.
7.3. Liability for deliveries
INDUSTEX shall be released from the delivery obligations by which it is bound under clause 7.1 hereof and does not accept any liability thereof in any of the following cases:
a. Failure by the Customer to make payment in full or in part along with the Purchase Order.
b. Any omission or inaccuracy in the information to be provided by the Customer in the Purchase Order when making its order, pursuant to the contents of clause 4 hereof.
8. Right of Withdrawal
8.1. Procedure and term
The Customer may freely withdraw from the sale and purchase agreement within a period of seven working days following the date on which it receives the Product, or within a longer period where offered. The date shown on the receipt acknowledging delivery shall serve for the purposes of calculating this seven-day period.
Exercise of the right of withdrawal shall not be subject to any kind of formality and may be accredited in any manner permitted in law.
However, with the aim of facilitating the Customer’s right of withdrawal, INDUSTEX shall provide a Notice of Withdrawal together with its Order Confirmation, which the Customer may complete and submit by registered mail before the end of the aforementioned seven-day period. To this end, the Notice of Withdrawal must be sent to the address shown therein together with the Product, in as-new condition and in its original packaging or, where this is missing, properly packaged using the Customer’s own resources. The original invoice issued by INDUSTEX to the Customer shall also be attached.
Exercise by the Customer of its right of withdrawal shall not result in the imposition of any kind of penalty.
The Customer shall be responsible for the direct cost of returning the Product, and any item returned against payment of freight costs shall therefore be refused.
Any risk of the Product’s loss, deterioration or damage in the event of withdrawal shall be the Customer’s responsibility until the Product has been delivered to INDUSTEX.
If a customer wants to exercise the right of withdrawal through electronic mail, the customer can send an e-mail to customers@industex.com expressing the intention to return the product. Once this e-mail has been received, we shall inform the customer the address to which the returned product is to be delivered.
8.2. Repayment of the purchase price in the event of withdrawal
When the right of withdrawal is exercised, INDUSTEX shall repay the amount paid for the Product to the Customer within a maximum of thirty days following receipt of the Product by INDUSTEX, provided that the Product is received by INDUSTEX in the condition set out in the preceding clause. In the event that the Products returned display some defect, the Customer shall compensate INDUSTEX in the amount due in respect of this defect, and INDUSTEX shall deduct this amount from any amount payable to the Customer as a result of its withdrawal.
8.3. Exceptions to the right of withdrawal
By way of exception, the right of withdrawal shall not apply in the following cases:
a. Agreements relating to the supply of goods that have been prepared to the user’s specifications, or that have been clearly personalized, or that cannot, by their nature, be returned or may quickly deteriorate or pass their sell-by date.
b. Agreements relating to the supply of goods whose price is subject to the fluctuations of the financial markets that are beyond the control of the seller.
Furthermore, where the Customer is not the end user, as set out in the Spanish Consumers and End-Users Act, the Customer expressly waives its right of withdrawal.
9. Warranties
INDUSTEX offers a trial period of 15 days and guarantees the quality of the product by means of a two-year warranty from the date of delivery, in accordance with the terms set out in law.
This warranty excludes defects caused by negligence, knocks, improper use or handling, an unsuitable power supply, an incorrect installation which is not carried out by an authorized member of the Technical Service, as applicable, and materials suffering wear and tear as a result of normal use.
In the case of computer goods, the warranty does not include the removal of viruses and the restoration of programs for this reason, or the reinstallation of the disk drive after it has been wiped out.
In cases in which use of the warranty is justified, a choice shall be offered between repair, replacement of the article in question, a discount or reimbursement, as set out in law.
The warranty shall be rendered invalid:
- If the identifying number or the apparatus itself is modified or repaired without the knowledge of the Technical Service Department.
To make use of the warranty, please contact us by email at the following address: customers@industex.com .
10. Technical Service
Technical Service shall be provided by INDUSTEX or a Service Provider. Response times are approximate and may vary depending on the location or product availability. Service may be provided by phone or via the Internet where appropriate.
INDUSTEX is the owner of any Product that has been replaced and any components under repair, and it may charge the Customer for them if they are not returned when requested.
Repairs to third-party Products shall be carried out in accordance with the manufacturer’s or licensee’s warranty. In some cases, replacement parts which are not critical to the Product’s operation may not be replaced during the Service-provision period.
INDUSTEX reserves the right to replace the Product with one that is identical or displays very similar characteristics with the same or a higher value, where repair is not possible or not economically viable. INDUSTEX shall not repay the purchase price of a Product except in cases of withdrawal.
11. Liability
Neither of the parties shall be liable for any breach or delay in fulfilling their obligations when the breach or delay is caused by or arises from a fortuitous event or incident of force majeure.
12. Force majeure
INDUSTEX does not accept any liability for delays (including deliveries and services) caused by circumstances beyond its reasonable control, and it shall be entitled to an extended term in which to comply. By way of example of such circumstances, this includes (though is not restricted to) strikes, logistical problems, supply and manufacturing problems, interest-rate fluctuations, government action and natural disasters. If the cause lasts for more than 2 months, this agreement may be terminated by either party, without any right to compensation.
13. Termination
Either party may terminate this agreement if the other:
1) is significantly or persistently in breach of this agreement and fails to remedy its breach within 30 days of a written demand to this effect; or
2) is declared insolvent or is unable to pay its debts on the due date.
14. Customer Obligations
The Customer shall be responsible for the following:
- its choice of Product and the Product’s suitability for a particular end or purpose.
- its telephone and postage costs, where applicable, when contacting INDUSTEX.
- its product specifications and the instructions given in this regard.
15. Protection of Personal Data
The Customer hereby authorizes INDUSTEX to process the personal data supplied electronically by the Customer. INDUSTEX shall process this personal data electronically, for the purposes of and in accordance with the terms and conditions set out in INDUSTEX’s Privacy Policy.
INDUSTEX has adopted and implemented all the necessary technical and organisational measures required to guarantee the security of this personal data and prevent its modification, loss, unauthorized use or access. Notwithstanding the foregoing, the Customer is aware that INDUSTEX cannot guarantee the absolute security of this data, since any security measure on the Internet is relatively fragile. INDUSTEX shall therefore not be held liable for any damage or lost profit suffered by the User or any other third party harmed in this connection.
16. Communication
16.1. Procedure
Any communication between the Customer and INDUSTEX in relation to a specific Purchase Order may be made by ordinary or electronic mail. In the latter case, messages shall be deemed valid and binding when the email address appears to belong to the other party.
16.2. Addresses
INDUSTEX provides the following address for communication purposes:
INDUSTEX
Av. P. Catalanes 34, 8ª planta
08950 Esplugas de Llobregat
Barcelona, Spain.
FAO: Administration (Internet Orders).
Email: customers@industex.com
The Customer’s address for communication purposes shall be the one indicated in each case in the relevant Purchase Order.
17. Customer Service
Users may contact INDUSTEX’s Customer Service Department to express their opinions and make any suggestions or queries:
- By email to customers@industex.com
18. Place of execution
Agreements entered into via www.industex.com shall be deemed to have been executed at INDUSTEX’s registered office.
19. Jurisdiction
This agreement is governed by Spanish law and subject to the jurisdiction of the Courts and Tribunals of Barcelona.
Contents:
1. Applicable Scope
2. Acceptance of these General Conditions
3. Quotes, Prices and Offers
4. Sales System. Purchase Order and Order Confirmation
5. Payment Terms
6. Reserved Ownership
7. Product Delivery
8. Right of Withdrawal
9. Warranties
10. Technical Service
11. Liability
12. Force Majeure
13. Termination
14. Customer Obligations
15. Protection of Personal Data
16. Communication
17. Customer Service
18. Place of Execution
19. Jurisdiction
1. Applicable scope
These general sale and purchase conditions (hereinafter, “General Conditions”) govern the online sale and purchase of the products and services offered by INDUSTEX SL, with registered office at Av. P. Catalanes 34, 8ª planta, Esplugas de Llobregat, Barcelona, Spain (hereinafter, “INDUSTEX”), via its website at www.industex.com. These products and services are offered for sale using the technical systems incorporated to this end at the aforementioned website. Unless indicated to the contrary, the General Conditions supplement the clauses contained in the relevant electronic purchase order (hereinafter, “Purchase Order”).
This agreement does not apply to the purchase of Products and Services from retailers or distributors, nor does it represent a retail or distribution agreement.
2. Acceptance of these General Conditions
By completing and submitting the relevant Purchase Order, you offer your full and unreserved acceptance of each and every one of these General Conditions, as set out in the Purchase Order itself.
3. Quotes, Prices and Offers
The products offered at www.industex.com shall be available for purchase at the prices indicated therein while they are included in the catalogue shown on the website.
All quotes and prices offered shall only be valid when set out in writing, for the period indicated in the relevant quote. If no specific period is indicated, they shall remain valid for 10 days (including third-party Products).
4. Sales System. Purchase Order and Order Confirmation
Orders shall only be submitted to INDUSTEX electronically using the Purchase Order form provided. The said form shall be duly completed and, in particular, all blank spaces shall be duly filled in and all compulsory information provided.
Once a Purchase Order has been received, INDUSTEX shall immediately send confirmation of the sale and purchase agreement completed (hereafter, “Order Confirmation”) to the email address indicated in the Purchase Order. You must check the Order Confirmation and notify us, immediately and in writing, of any error. Otherwise, the contents of the Order Confirmation shall be applicable.
Order Confirmation shall be stored on the website for consultation by the purchaser.
In the event that, on receipt of the Purchase Order, the Product or Products requested in the Order are not available in stock, INDUSTEX shall offer the Customer the opportunity to acquire a similar Product.
5. Payment Terms
5.1. Price
Products shall solely be paid for by one of the following methods, as chosen by the Customer:
a) By credit card. Payment by credit card is a service offered directly by the credit institution. The cards accepted are VISA and MASTERCARD. In order to enhance security when purchases are made via the Internet and to protect the parties involved in the operation from potentially fraudulent behaviour, Visa and MasterCard have agreed to offer a secure trading system for purchases made via the Internet.
INDUSTEX shall remain exempt from any liability relating to the confidentiality and security of any information or data provided by the Customer when paying for electronic purchases by credit card, insofar as the processing of this information or data is not under the exclusive control of INDUSTEX.
b) By bank transfer to the account indicated in the Order Confirmation. In this case, the Customer shall indicate the total value of the purchase, the beneficiary (INDUSTEX) and the "Order ID".
c) By any other form of electronic payment that INDUSTEX makes available to its Customers via the website at www.industex.com .
5.2. Expenses and taxes
The cost of preparing, packaging and despatching the Products purchased and, where applicable, any VAT or other taxes payable, shall be paid by the Customer together with the purchase price, using the same method chosen for payment of the Products.
5.3. Payment guarantees
INDUSTEX hereby reserves the right to require the Customer to provide the relevant payment guarantees prior to sending the Order Confirmation and processing the Purchase Order received, taking into account any risks to which it may be exposed, as indicated, for example, by any incidents that have occurred in respect of past payments or the existence of financial reports that make such a measure advisable.
6. Reserved Ownership
INDUSTEX hereby expressly reserves ownership of the Product until its purchase price and any applicable expenses and taxes have been paid in full. Until that time, the Customer shall insure the Products and store them separately, and it may not modify, pledge or sell them.
INDUSTEX may take legal action to collect the purchase price before ownership is transferred.
INDUSTEX may suspend the Service or delivery of the Product until the Purchase Order has been paid in full.
7. Product Delivery
7.1. Delivery period
The Products shall be delivered within a period of 15 working days following the date on which the purchase price and any applicable expenses and taxes have effectively been paid in full. In the event that Products are to be delivered online, INDUSTEX shall not accept any liability when the Service cannot be provided due to an interruption in utility supplies (electricity, telecommunication lines, etc.) or, in general, any other incident of force majeure or fortuitous event.
INDUSTEX may deliver Products in several separate deliveries. A shortage of stock represents sufficient grounds to interrupt the calculation of the delivery period, provided that the Customer is verifiably informed of this circumstance prior to the expiry of the said period.
7.2. Transfer of risk
Products shall be delivered by INDUSTEX, or by a third party on behalf of INDUSTEX, by being placed at the Customer’s disposal at the address indicated by the Customer in the Purchase Order. The Customer shall be liable for the Products’ deterioration, damage or loss from the time at which the Products are made available to it under the terms of this clause.
7.3. Liability for deliveries
INDUSTEX shall be released from the delivery obligations by which it is bound under clause 7.1 hereof and does not accept any liability thereof in any of the following cases:
a. Failure by the Customer to make payment in full or in part along with the Purchase Order.
b. Any omission or inaccuracy in the information to be provided by the Customer in the Purchase Order when making its order, pursuant to the contents of clause 4 hereof.
8. Right of Withdrawal
8.1. Procedure and term
The Customer may freely withdraw from the sale and purchase agreement within a period of seven working days following the date on which it receives the Product, or within a longer period where offered. The date shown on the receipt acknowledging delivery shall serve for the purposes of calculating this seven-day period.
Exercise of the right of withdrawal shall not be subject to any kind of formality and may be accredited in any manner permitted in law.
However, with the aim of facilitating the Customer’s right of withdrawal, INDUSTEX shall provide a Notice of Withdrawal together with its Order Confirmation, which the Customer may complete and submit by registered mail before the end of the aforementioned seven-day period. To this end, the Notice of Withdrawal must be sent to the address shown therein together with the Product, in as-new condition and in its original packaging or, where this is missing, properly packaged using the Customer’s own resources. The original invoice issued by INDUSTEX to the Customer shall also be attached.
Exercise by the Customer of its right of withdrawal shall not result in the imposition of any kind of penalty.
The Customer shall be responsible for the direct cost of returning the Product, and any item returned against payment of freight costs shall therefore be refused.
Any risk of the Product’s loss, deterioration or damage in the event of withdrawal shall be the Customer’s responsibility until the Product has been delivered to INDUSTEX.
If a customer wants to exercise the right of withdrawal through electronic mail, the customer can send an e-mail to customers@industex.com expressing the intention to return the product. Once this e-mail has been received, we shall inform the customer the address to which the returned product is to be delivered.
8.2. Repayment of the purchase price in the event of withdrawal
When the right of withdrawal is exercised, INDUSTEX shall repay the amount paid for the Product to the Customer within a maximum of thirty days following receipt of the Product by INDUSTEX, provided that the Product is received by INDUSTEX in the condition set out in the preceding clause. In the event that the Products returned display some defect, the Customer shall compensate INDUSTEX in the amount due in respect of this defect, and INDUSTEX shall deduct this amount from any amount payable to the Customer as a result of its withdrawal.
8.3. Exceptions to the right of withdrawal
By way of exception, the right of withdrawal shall not apply in the following cases:
a. Agreements relating to the supply of goods that have been prepared to the user’s specifications, or that have been clearly personalized, or that cannot, by their nature, be returned or may quickly deteriorate or pass their sell-by date.
b. Agreements relating to the supply of goods whose price is subject to the fluctuations of the financial markets that are beyond the control of the seller.
Furthermore, where the Customer is not the end user, as set out in the Spanish Consumers and End-Users Act, the Customer expressly waives its right of withdrawal.
9. Warranties
INDUSTEX offers a trial period of 15 days and guarantees the quality of the product by means of a two-year warranty from the date of delivery, in accordance with the terms set out in law.
This warranty excludes defects caused by negligence, knocks, improper use or handling, an unsuitable power supply, an incorrect installation which is not carried out by an authorized member of the Technical Service, as applicable, and materials suffering wear and tear as a result of normal use.
In the case of computer goods, the warranty does not include the removal of viruses and the restoration of programs for this reason, or the reinstallation of the disk drive after it has been wiped out.
In cases in which use of the warranty is justified, a choice shall be offered between repair, replacement of the article in question, a discount or reimbursement, as set out in law.
The warranty shall be rendered invalid:
- If the identifying number or the apparatus itself is modified or repaired without the knowledge of the Technical Service Department.
To make use of the warranty, please contact us by email at the following address: customers@industex.com .
10. Technical Service
Technical Service shall be provided by INDUSTEX or a Service Provider. Response times are approximate and may vary depending on the location or product availability. Service may be provided by phone or via the Internet where appropriate.
INDUSTEX is the owner of any Product that has been replaced and any components under repair, and it may charge the Customer for them if they are not returned when requested.
Repairs to third-party Products shall be carried out in accordance with the manufacturer’s or licensee’s warranty. In some cases, replacement parts which are not critical to the Product’s operation may not be replaced during the Service-provision period.
INDUSTEX reserves the right to replace the Product with one that is identical or displays very similar characteristics with the same or a higher value, where repair is not possible or not economically viable. INDUSTEX shall not repay the purchase price of a Product except in cases of withdrawal.
11. Liability
Neither of the parties shall be liable for any breach or delay in fulfilling their obligations when the breach or delay is caused by or arises from a fortuitous event or incident of force majeure.
12. Force majeure
INDUSTEX does not accept any liability for delays (including deliveries and services) caused by circumstances beyond its reasonable control, and it shall be entitled to an extended term in which to comply. By way of example of such circumstances, this includes (though is not restricted to) strikes, logistical problems, supply and manufacturing problems, interest-rate fluctuations, government action and natural disasters. If the cause lasts for more than 2 months, this agreement may be terminated by either party, without any right to compensation.
13. Termination
Either party may terminate this agreement if the other:
1) is significantly or persistently in breach of this agreement and fails to remedy its breach within 30 days of a written demand to this effect; or
2) is declared insolvent or is unable to pay its debts on the due date.
14. Customer Obligations
The Customer shall be responsible for the following:
- its choice of Product and the Product’s suitability for a particular end or purpose.
- its telephone and postage costs, where applicable, when contacting INDUSTEX.
- its product specifications and the instructions given in this regard.
15. Protection of Personal Data
The Customer hereby authorizes INDUSTEX to process the personal data supplied electronically by the Customer. INDUSTEX shall process this personal data electronically, for the purposes of and in accordance with the terms and conditions set out in INDUSTEX’s Privacy Policy.
INDUSTEX has adopted and implemented all the necessary technical and organisational measures required to guarantee the security of this personal data and prevent its modification, loss, unauthorized use or access. Notwithstanding the foregoing, the Customer is aware that INDUSTEX cannot guarantee the absolute security of this data, since any security measure on the Internet is relatively fragile. INDUSTEX shall therefore not be held liable for any damage or lost profit suffered by the User or any other third party harmed in this connection.
16. Communication
16.1. Procedure
Any communication between the Customer and INDUSTEX in relation to a specific Purchase Order may be made by ordinary or electronic mail. In the latter case, messages shall be deemed valid and binding when the email address appears to belong to the other party.
16.2. Addresses
INDUSTEX provides the following address for communication purposes:
INDUSTEX
Av. P. Catalanes 34, 8ª planta
08950 Esplugas de Llobregat
Barcelona, Spain.
FAO: Administration (Internet Orders).
Email: customers@industex.com
The Customer’s address for communication purposes shall be the one indicated in each case in the relevant Purchase Order.
17. Customer Service
Users may contact INDUSTEX’s Customer Service Department to express their opinions and make any suggestions or queries:
- By email to customers@industex.com
18. Place of execution
Agreements entered into via www.industex.com shall be deemed to have been executed at INDUSTEX’s registered office.
19. Jurisdiction
This agreement is governed by Spanish law and subject to the jurisdiction of the Courts and Tribunals of Barcelona.
