1. 1. SCOPE OF APPLICATION
These general terms of sale apply to all contractual relationships between the company RAMILO, S.L.U, with registered office at C/ Macal 32, 36213 Vigo, Spain and VAT number B-36602878, hereinafter referred to as the “Distributor,” and any buyer, whether professional or non-professional, hereinafter referred to as the “Buyer,” who wishes to purchase the Products offered by the Distributor.
2. ORDERS
These general terms of sale are available to the Buyer on the website www.cupastone.com.
Acceptance of an order, which is sent by the Distributor to the Buyer, implies full and unconditional adherence by the Buyer to the general terms of sale, which shall prevail over any purchase conditions. No specific condition may prevail over the general terms of sale without the formal and written acceptance of the Distributor.
The order becomes firm upon acceptance by the Buyer.
Once the orders are final, they cannot be canceled. Any amount paid in advance by the Buyer shall be considered as confirmation of the order and as an advance on the payment of the price.
The Distributor reserves the right, if necessary, to condition the issuance of the order to an advance payment by the Buyer, as well as to cancel or reject any order from a Buyer with whom there is a dispute regarding the payment of a previous order.
3. 3. PRICE AND PAYMENT TERMS
The sale price is as indicated in the Distributor’s offer and price lists or as agreed between the Distributor and the Buyer. The prices do not include VAT or other taxes related to the sale of the Products; they are net prices, with delivery at our facilities and include packaging. They do not include transport or any customs and insurance costs, which are the responsibility of the Buyer.
The payment of the price shall be made in full and in a single payment at the time of delivery of the Product, unless expressly agreed otherwise by the parties. For custom orders, an advance payment of 30% of the price is required at the time of signing the order by the Buyer, with the remaining 70% payable at the time of delivery.
If payment is made after the delivery date, late payment interest will be charged, beginning from the day following the due date indicated on the invoice and continuing until full payment of all amounts owed to the Distributor. The interest rate will be equal to the interest rate applied by the ECB in its most recent refinancing operation as of the due date, plus 7 percentage points. Late payment interest will be due from the day after the payment date indicated on the invoice.
4. RESERVATION AND OWNERSHIP
The Distributor retains ownership of the sold products until full payment of the price by the Buyer and may recover possession of the Products in case of non-payment. Any advance payment made by the Buyer will be retained by the Distributor as compensation, without prejudice to any other actions that may be taken against the Buyer.
Conversely, the risk of loss and damage shall be transferred to the Buyer at the time of delivery of the Products.
5. DELIVERY AND QUALITY
The delivery time is indicative and not guaranteed. In no case shall a delay in this period give rise to compensation or withholding of payment. The delivery period will be automatically suspended for any circumstances beyond the Distributor’s control that result in a delay in delivery.
The Buyer must verify upon receipt that the goods delivered comply with the Products included in the order and that they present no apparent defects. If the Buyer makes no reservations regarding this at the time of receipt of the Products, the Distributor shall not be held liable for non-conformity or defects.
Stone may have variations in color, veining, and texture, which shall not, in any case, be considered a defect in quality.
Exposure of the stone to atmospheric agents may alter its characteristics.
The installation of the products must be carried out by a professional and in accordance with the stone’s usage and installation standards.
All Products come with a descriptive sheet available at the point of sale or sent by email upon request from the Buyer. The descriptive sheets indicate the technical characteristics of the products and the usage recommendations.
6. RESPONSIBILITY
All claims for damages are expressly excluded unless the damages were caused by the Distributor through gross negligence or willful misconduct. The Distributor’s contractual liability is limited to the sale value of the Product.
Under no circumstances will the Distributor assume the cost of lost profits, loss of income, downtime costs, or, in general, any loss that the Buyer may suffer due to delivery delays or quality defects.
7. HEALTH AND SAFETY RECOMMENDATIONS
The Buyer shall be solely responsible, expressly exonerating the Distributor, for damages resulting from inappropriate use, installation, storage, preservation, processing, or any handling of the product. In this regard, the Distributor has provided the Buyer with all necessary documentation and instructions for the safe use of the Products.
The Buyer shall comply at all times with all applicable legislation related to the handling, storage, manufacturing, and provision of the products sold by the Distributor.
The Buyer must conduct regular risk assessments in accordance with the legislation and take the necessary measures to control the risks.
The Buyer acknowledges being fully aware of diseases such as silicosis and other respiratory conditions that may result from the manufacturing and processing of certain products, particularly through dry cutting and the emission of dust particles.
The Distributor recommends that marble, quartz, and other fabricators adopt all necessary preventive measures, such as wet cutting, calibration, and finishing of the products.
The Distributor’s Products are completely safe if used in accordance with the good practice guide and safety sheets available at the point of sale or upon request via email at: contacto@cupastone.com.
As an indicative and non-exhaustive list, the main preventive measures include (i) eliminating or reducing dust by using machines equipped with abundant water supply systems, (ii) preventing or reducing the presence of dust in the environment by using extraction systems located at dust-emitting points, (iii) avoiding sweeping, and instead cleaning equipment and workplaces with wet cleaning measures or industrial vacuuming, (iv) regularly monitoring exposure to respirable crystalline silica particles, (v) using personal protective equipment against dust such as P3 or FFP3 types, (vi) establishing a specific health monitoring system.
If the Buyer resells the Products, they are obliged to pass on all health and safety information in the same terms as outlined above.
8. PROTECTION OF PERSONAL DATA
For the purposes of the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data, the Distributor informs the Buyer of the existence of a personal data file created with the data provided by the Buyer during the commercial relationship, for the purposes of information and conducting promotional and advertising activities by any means.
The Buyer expressly agrees to the inclusion of the data provided in the automated personal data file. The Buyer is informed that they may exercise the rights of access, rectification, or cancellation of data and opposition, as well as the right to revoke consent, regarding the collected data by notifying in writing to RAMILO, S.L.U, C/ Macal 32, 36213 Vigo, Spain, or via our email address: contacto@cupastone.com.
9. INDUSTRIAL PROPERTY
The Distributor retains all industrial and intellectual property rights related to the Products, photographs, and technical documentation, which may not be communicated or reproduced without written authorization.
10. APPLICABLE LAW AND JURISDICTION
These general terms of sale and the obligations arising from the sale shall be governed by Spanish law.
Any dispute between the Distributor and the Buyer shall be submitted to the Courts of Ponferrada.
