GENERAL CONDITIONS OF SALE OF SPORTS COMPONENTS COMPETITION, S.L. ("CDC SPORT")
a) These general conditions of sale apply, unless otherwise agreed to any sale of products marketed by CDC SPORT (the "Products"). These general conditions of sale will be of priority application over any general purchase conditions of the Buyer.
b) The Buyer, through the formalization of each purchase order and order, which will be accompanied by these General Conditions of Sale, accepts these General Conditions of Sale, which will apply to each and every one of the purchase orders formalized hereinafter.
c) CDC SPORT reserves the right to update and / or modify the content of these General Conditions of Sale, so that the Buyer agrees to review the General Conditions of Sale each time you sign them by formalizing a purchase order. Likewise, the Buyer will have access, at any time, to the General Conditions of Sale in force through the PRODUCTS-ACCESS TO USERS section.
2.- PRODUCTS AND PRICES
a) The Buyer will have access to the Products by sending catalogues from CDC SPORT to their establishments or directly accessing the CDC SPORT website (http://www.cdc-sport.com/) (the "Website").).
b) CDC SPORT may, at any time, and without prior notice, stop marketing any of the Products, as well as include new Products and vary existing ones (in terms of models, components, colours, specifications, materials, etc.).
c) The prices of sale to the Buyer of the Products are those communicated by CDC SPORT to the Buyer and may be modified at any time by CDC SPORT, applying said variations to the successive purchase orders.
d) The Buyer is free to set retail prices at its stores. Therefore, the Recommended Retail Sales Prices by CDC SPORT (which include VAT) are only a reference for the Buyer, and the Buyer may and must determine the Retail Price that he deems appropriate.
3.- PURCHASE ORDERS
a) The Buyer may place orders on the Products through the Website (PRODUCTS- ACCESS TO USERS) after acceptance in any case of the General Conditions of Sale.
b) Each Purchase Order will be subject to prior acceptance by CDC SPORT, which may reject it or partially accept it without any justification.
c) In case of acceptance, received the Purchase Order, CDC SPORT will generate an order that will be sent automatically and in writing to the Purchaser, where it will reflect the contents of the Purchase Order formalized by the Purchaser, indicating (i) the Products subject to purchase, (ii) the unit price of the Products, (iii) the total price, (iv) payment terms, if different from these General Conditions of Sale (v) the delivery period, which will be estimated; (vi) the General Sales Conditions applicable to the order; and, where applicable, special conditions applicable to the order.
d) The Purchase Order formalized by the Buyer will be final and can not be revoked, so that the order generated by CDC SPORT will be automatically accepted, unless there is an error in the generation of the order, error that the Buyer must show in the [twelve] hours following receipt.
4.- CONDITIONS OF PAYMENT
a) Unless otherwise agreed, the payment of all the Purchase Orders will be made in advance by bank transfer to the current account communicated by CDC SPORT. The delivery period will start from the day following receipt of the price by CDC SPORT.
b) All invoices issued by CDC SPORT will be considered as approved and conforming unless the Buyer shows his / her disagreement in writing within seven days after receiving it.
c) In the case of partial deliveries, CDC SPORT will be authorized to invoice and demand the payment of each partial delivery. The payment date will be the day that CDC SPORT actually receives the payment.
d) In the event that the parties have agreed to payment conditions different from those established in these General Conditions of Sale that entail the granting of a term for the payment of the Products after the formalization of an order, in case of delay in the payment, will be accrued, from the next day, automatically the default interest applicable, in accordance with the provisions of Law 3/2004, of December 29, which establishes measures to combat late payment in commercial transactions ( the "Delinquency Law") or regulations that replace it
a) Unless otherwise indicated by the Buyer, all orders will be shipped prepaid and will be delivered to the place indicated by the Buyer in the Purchase Order. In such case, the delivery shall be considered produced when the Products are placed at the Purchaser's disposal in the establishment indicated for such purpose in the Purchase Order, resulting in the transmission of the risks on the Products at that time. Consequently, the damages that occur will be borne by the buyer, having been placed at the disposal of the buyer the order in the place and time agreed.
b) In case of orders below € 400.00 (excluding VAT), CDC SPORT will include an additional invoice amount of € 9.00 (plus VAT) in the form of postage, in case of Canary Island, Ceuta and Melilla amounts will be € 500.00 (excluding VAT) and € 25.00 as postage. For orders received through the cdc-sport.com B2B, no shipping charges will be charged, for orders over € 250.00 (VAT excluded).
c) The delivery times will be indicative and will be indicated in each of the orders generated by CDC SPORT after the receipt of each Purchase Order.
a) The Buyer shall exclusively sell the Products to its final customers through the Buyer’s owned shops and its own web page. Under any circumstances the Buyer shall market the Products, directly or indirectly, through third parties or through online product sale platforms that are not owned by the Buyer, nor may the buyer sell the Products to online product sales platforms for subsequent commercialization.
b) The failure to comply with the provisions set forth in this clause shall be considered a serious breach of this general sales conditions.
7.- CLAIMS ON THE PRODUCTS
a) The Buyer may formalize any claim for defect in the quantity or quality of the Products received within four days following the delivery of the Products by CDC SPORT. After that period, the Buyer may not formalize any claim for the amounts received or for defects that are apparent and visible of the Products. In those cases, in which the Purchaser has realized recognition as to the quantity and apparent quality of the Products at the time of delivery, he / she will not be able to make a later claim for these concepts.
b) Regarding the non-apparent or internal defects in the Products, which require a greater inspection by the Buyer than the one made at the time of delivery, the Buyer shall have a period of 30 days from the day after the date of delivery. delivery. Once said period has elapsed, the Buyer shall lose all action and right to repeat for this reason against CDC SPORT.
c) Any claim regarding defects in the quantity or quality of the products (apparent or internal) must indicate the warranty number assigned by CDC SPORT, which the Buyer may obtain, immediately, by calling 96 313 45 59.
d) After this period, CDC will only respond to the Buyer in the event of a claim by a consumer for the existence of a deficiency in a product (to the extent that it has been duly accredited by the Buyer to CDC SPORT both the claim and the defect and not two years have elapsed since the sale of the product to the Buyer).
8.- APPLICABLE LEGISLATION AND JURISDICTION
a) Spanish legislation will apply to these General Conditions of Sale.
b) In case of doubt, discussion or divergence in the interpretation and compliance with the clauses of these General Conditions of Sale, the Parties, with waiver of the privileges that may apply, expressly submit themselves to the Courts and Tribunals of the city of Valencia.