TERMS AND CONDITIONS
Distribuidora Internacional Carmen S.A.U, (DICSA) supplies information on its web pages related to the type of activity, products and services that it provides.
- DICSA reserves the right to update, modify or remove the information held on www.DICSAes.com, even being entitled to restrict or withdraw access to the information without prior notice. DICSA specially reserves the right to remove, restrict or withdraw access to its website whenever technical difficulties arise through events or circumstances beyond the control of DICSA which, in its opinion, compromise or remove the standard levels of security adopted for the proper operation of the mentioned website.
- Under no circumstances may DICSA be held responsible for any loss, damage or harm that may arise through access and use of the website, including those arising in data processing systems or those caused by computer viruses and/or attacks. Neither shall DICSA be liable for damage caused to users due to the improper use of this website, through computer crashes, and interruption, absence or failure of telecommunications.
- DICSA may not be held responsible for the truthfulness, integrity or validity of the information that is generated or provided by other sources, nor of the contents of other websites accessed by means of hyperlink or link from www.dicsaes.com, provided to the user as alternative sources of information, which shall be governed by the terms and conditions of use required by the holders of other websites. Whereby DICSA accepts no responsibility whatsoever regarding possible damages that may occur through the use of this information. Under no circumstances shall the aforesaid hyperlinks be considered as a recommendation, endorsement or distribution on DICSA´s behalf of the information, products and/or services, or, in general, content pertaining to third parties, provided by them or spread by them in any way whatsoever.
- DICSA accepts no responsibility for possible discrepancies of a transitory nature that may arise between the version provided by its printed documents and the electronic versions published on its web pages.
- The entirety of this website (texts, images, brands, logos, audio files, software files, combinations of colours), as well as the structure, selection and arrangement of its content, is protected by legislation on Intellectual and Industrial Property, and may not be used, reproduced, distributed, modified, publicly disclosed, conveyed or transformed or disseminated in any other way without express permission.
Access to this website does not grant users any right or ownership whatsoever over the rights of the intellectual and/ or industrial property protecting the contents provided by this website.
DICSA reserves the right to take legal action as appropiate against those who are in breach of or infringe rights of intellectual and/ or industrial property.
These conditions, together with the eventual specific conditions accorded in the contract, apply to all deliveries and all services. The purchase conditions of the customer, if different from those herein established, will not be part of the contract on having accepted the order.
The contracts are concluded, unless otherwise agreed upon by the Parties in writing, by means of written confirmation of the supplier.The General Conditions and / or Specific Conditions of Purchase of the Buyer, cannot, in no case, cancel or replace these General Conditions of Sale.
The acceptance of our offers implies tacitly the acceptance of all the conditions detailed herein, except the special ones that have the agreement in writing, particularly in the same offer or detailed in our accuse of receipt of order, the only documents that oblige us before the Customer. DICSA has the right of property and the right of intellectual property of samples, budgets, technical documentation and information in material or immaterial form as well as in electronic form; the access of third parties to these documents must be forbidden.
OFFERS AND ORDERS
Except in case of having expressed the opposite, the prices include the merchandise placed in our store, including its loading, but without including the packing nor the transport to the place of receipt, nor taxes, nor the getting started - these will always be at the expense of the customer. All the operations of transport, insurance, handling and delivery are on the account and risk of the Customer.
The offers include only the materials and products expressed in them, available in stock until end of stock, with the term of validity expressed in the same offers.
The studies or offers of material are based on the prices on the date the offer was made, and if, due to changes in the cost of the materials, modification of duties or to any other reason, the level of prices was checked, the prices that would be applied would be those that apply in the date of the delivery, unless the offer is accepted in the term of validity expressed in it.
The prices do not include, unless specific notification, the assembly and the getting started of the supplied materials, the fluids recommended by the technical services of the suppliers, the containers of the materials, as well as the study of the setting up of the different materials. DICSA may change the price, as a consequence of any law that concerns materials, wages, or the working hours, but also as a consequence of probable changes in the parity of the currency since it concerns the elements of import.
The orders will not be taken in consideration unless they are provided with the specific amount in our account, foreseen in our Offer, if this condition has been pre-established. The acceptance of the Offer will suppose equally the acceptance without reserve of these General Conditions of Sale.
STUDIES, TECHNICAL DOCUMENTATION
The information related to the offer, as technical documentation, designs, drawings, catalogues and / or any other technical documentation, is only informative and they have as object to give a general image of the materials described in them, they do not form a part of the contract unless written agreement. DICSA will not accept any type of responsibility for inaccuracy or omission of the above mentioned documentation.
The Customer will always have to do a previous study of compatibility and of assembly of the elements in his installation and will be the only responsible for the putting in conformity of the above mentioned installation with the current regulations. In offers, drawings, schemes and other technical information, we reserve ourselves the right of property and of design, not allowing that these should be facilitated to third parties without our previous written assent.
DICSA retains the property of the supplied merchandise until full payment of the agreed price. DICSA also retains the property of the Product’s project, which in no circumstances shall be disclosed or sold to third parties.
THE ASSEMBLIES AT THE LOCATION (PLANT) OF THE CUSTOMER
The offers of the assemblies done for the customer, in his elected location of work, are considered as an estimate (approximate calculation), due to the particular and special characteristics that they can represent, not being able to give place, except final agreement between the parts, to final prices.
The works of repair will not begin until written acceptance, on the part of the Customer, of the offer and of the conditions established in it. Supposing that the offer is not accepted by the Customer within one month, the expenses derived from the disassembly, storage, survey and freightage will be chargeable to the Customer. If the Customer requests the repair before accepting the offer, the assemblies will be carried out as soon as possible and, for his part, the Customer will have to accept the final cost of the repair.
In case of delivery of new products in exchange for the repair, if this one was out of guarantee, the Customer will have to accept the payment corresponding to it. The budgets of repair are always as estimation and should not be considered as final prices.
DICSA saves itself the right to reject an order depending on the availability of the products. In this supposition, DICSA will communicate it to the Customer as promptly as possible.
The delivery time has to be approved by the contractual parts. The delivery time will be calculated from the date of receipt of the confirmation of the order, when DICSA will be able to proceed without any interruption. DICSA will not be responsible for the delays in the supply of all or in part of the goods in case of major force, such as natural catastrophes, legal limitations, strikes, etc., or any other reason beyond our control. In case of any of the reasons previously mentioned, the period of delivery will be extensible to the same period of time that lasts the reason that has motivated the delay. Nevertheless, if the period exceeds six months, DICSA may cancel the part that couldn’t be sent, by previously notifying the Customer in writing.
We do our best to respect the delivery times that are indicated in our offers or in our order confirmations, though it is materially impossible to answer completely for the above mentioned fulfillment, since we depend on other suppliers and on unexpected circumstances totally foreign to our possible control. Won’t be accepted any sanctions for the delay in the foreseen delivery.
RIGHT OF PROPERTY
DICSA maintains the property of the materials (products) until the Customer makes the payment in full of the merchandise.
The Customer is responsible for taking the necessary actions to preserve in good condition the merchandise until it has been paid, must insure DICSA of the payment of the same one in case of having being sold to third persons by the Customer.
We won’t attend any claim done after the 12 months following the delivery of the merchandise. Returned material will not be allowed without previous authorization or when the time between the purchase and the request for return exceeds 15 days.
In any case, all returned merchandise will have to be accompanied by a copy of our authorization and, providing that it is not for reasons attributable to DICSA, will carry a minimal surcharge of 20 % on the cost of the returned material, all the expenses will be charged to the customer. Concerning the faults that appear in the supplied products, DICSA will only accept as unique responsibility or obligation, the paying of the product or defective products providing that the products (merchandise) have been treated adequately and that the arisen faults are due to faults of material or manufacture.
The warranty includes the replacement or repair of the defective elements in our workshops. The warranty is understood always in relation with the presumably defective material deposited in our warehouse, but the costs of transport and the risk being at the expense of the Customer. The advices given before and post closing of the contract, are made with the best intention and according to our know-how, nevertheless DICSA does not assume any category of responsibilities in this regard, nor will answer of the eventual direct or indirect damages that could take place indistinctly, no matter who, where and why they may take place.
DICSA will not be responsible for any consequence or indirect damages occurred to the Customer, and / or third Parties including but not limited to loss of opportunities, business and incomes.
DICSA guarantees exclusively its own materials, excluding any responsibility for the effects or damages that these could provoke in facilities, equipments or conductions. In no case will take responsibility for accidents related to individuals or materials or for losses in fabrication.
The warranty excludes the breakdowns produced by badly use or deficient installation, breakdowns provoked by overloading of the equipments for experimental purposes, either for adjustment or testing. DICSA's total responsibility for the caused damages, independently of the type of action or theory of the responsibility, will not exceed the amount of the work done, installation or materials that have been object of the order to DICSA.
Any amount that exceeds the above mentioned quantity, and any amount that DICSA will have to support either for judicial, arbitral or similar decision, will be transmitted to the Customer until obtaining indemnity.
Will be excluded from this warranty:
· The use of facilities or services, which are different of those included in the manuals of instruction or in DICSA's specifications
· The inadequate use of facilities or negligence of the Customer, his Assistants or Agents.
· The parts supplied by the Customer
By merchandise we always mean the one deposited in DICSA's warehouse, even in operations conditioned by the delivery at destination and the merchandise will always travel at the account and risk of the Customer, being at his charge, including the additional insurances that could be established and the special permissions it may need. According to what it is established in the article 18 of the Royal decree 782/1998 concerning wrapping and packaging mentioned in the 1st additional Disposition (Regulation) of the Law 11/1997, the person responsible for the delivery of the residues of the packaging and worn packages, for the correct environmental management, will be the final user.
No matter the type of the transportation used: by plane, courier, as baggage (luggage), special agencies, messengers etc; independently of the amount of the above mentioned service, the Customer will pay all the extra expenses, those of transportations, of shipping, and of communications that the service has caused; this value may not, under no circumstance, be lower than 60 Euros.
Any order (request) of special material, will carry the anticipated payment of 50 % of the amount of the order (request), as an indispensable condition for its acceptance. The above mentioned amount will always be in favor of DICSA as compensation in case of cancellation on the part of the Customer, without prejudice of the claims at which they may have right by Law.
The minimal invoice will be of 50 €, no matter the amount of the order.
The payments have to be done, except express written agreement between the parts, in maximum 60 days from the date of the invoice and previous receipt of the positive reports of credit. If the Customer doesn’t make the payment in time, for a part of the merchandise supplied, DICSA is authorized to suspend the posterior deliveries until the Customer executes the due payments. Any bank charges associated with the payment of the merchandise, as well as the expenses of return of it in case of non-payment, will be at the expense of the Customer. In case of delay in the payment and without prejudice of other rights attributed to the buyer for the legislation in effect, the Customer will pay to DICSA an interest of monthly delay of 2 % starting from the date when the invoice comes to its term.
UNPAID OR POST-PONED INVOICES
Will be at the expense of the Customer:
- The return expenses
- Monthly interests of 1%, from the day when the payment has come to its term and wasn’t made, until the date of full payment
- Possible amount (value) of the stamp of the new documents.
- The credit insurance
COINCIDENTAL PAYMENTS IN VACATIONS
If the client could not attend to the payments that were coinciding with vacation periods, these will move to the same day of the previous month. In case there are fixed days of payment, the term of the invoice will move to the immediately previous working day of payment.
THE SOFTWARE USE
If the delivery includes the putting at the disposal of the Customer software, the Customer has the exclusive right to use it, including the attached documentation. The software is sent for the use in the object of delivery to which it is destined. It is forbidden the use of this software into any other system. The modification, translation or adjustment of the code of object to code of origin as well as the reproduction of software is only admitted into the legally established limits. The Customer promises not to withdraw the indications of the manufacturer, especially the indications of the Copyright, without DICSA's previous assent. All the other rights on the software and the documentation including the copies, they belong to DICSA or to the supplier of the software. The concession of sublicenses is not admitted.
GOVERNING LAW AND JURRISDICTION
These General Conditions and any agreement between DICSA and the Customer shall be exclusively governed by Spanish laws. The exclusive jurisdiction on any dispute between the DICSA and the Customer shall be the courts of DICSA’s domicile. Nevertheless, DICSA has also the right to bring legal action against the Customer before the courts of the place of business and/or residence of the Customer.
PROTECTION OF INFORMATION