1.- SCOPE AND VALIDITY.
- The conditions described in this document will come into force and will be accepted by the Customer1 when placing an order to Gráficas Z. These will remain in effect until the end of the contract2.
- Any condition proposed by the Customer, different from those set out in this document, must be accepted in writing by Gráficas Z, otherwise it will be ineffective and will not be binding.
- If any condition is declared null, totally o partially, the condition or part affected shall be deemed not to have been placed, and all the others shall remain unaffected.
- These conditions will apply to all purchases made by the Customer to Gráficas Z, without prejudice to the Specific Conditions that both parties may agree in writing.
(1)Any individual and / or legal entity that purchases products from Gráficas Z
(2)The contract will be considered finalized when the obligations assumed by each of the parties have been extinguished.
2.- ORDERS AND CANCELLATIONS.
- Orders can be placed by the Customer by any means (telephone, fax, email, etc.), and will be considered accepted when they are registered in the Gráficas Z computer system.
- To cancel orders, already accepted by Gráficas Z, it must be communicated in writing by the Customer.
- If the cancellation of the contract causes any damage to Gráficas Z, it may demand payment from the Customer.
- The designs, assemblies, etc. that Gráficas Z has made are its exclusive property, so that the Customer may not assign them to third parties without the written consent of Gráficas Z.
3.- DELIVERY, DEADLINES AND ADDITIONAL COSTS.
- The Customer, due to the productive characteristics of Gráficas Z, admits a tolerance in the delivery in more or less of up to 10% of the quantity requested.
- The deadlines stated in the budgets are approximate. The delays that may occur in the delivery of the products will not result in the termination of the contract, or compensation of any kind.
- The customer accepts partial shipment when exceptional and unforeseeable circumstances occur for which Gráficas Z is not responsible.
- In the event that additional costs are incurred, as a consequence of special delivery or handling conditions demanded by the Customer, these will be charged to the Customer.
- The products supplied will continue to be the property of Gráficas Z, as long as its price has not been fully paid by the Customer, through its actual payment, being in the meantime a mere depositary thereof, with the obligations set out in art. 1.766 of the Civil Code and the responsibilities contracted in article 535 of the Penal Code.
- Gráficas Z may suspend or delay delivery of the products if unforeseen circumstances beyond its control prevent it. In this case, it shall be sufficient for Gráficas Z to notify the Customer of the suspension or delay of the delivery as soon as such circumstances are known, being free of all responsibility for the delay.
4.- TRANSPORT AND RECEPTION.
- All the goods are sent to freight prepaid. If the Customer requests an urgent shipment or by some specific means of transport, the costs will be at his expense.
- All products before being delivered to the carrier go through quality and packaging controls of the Quality Management System based on the ISO 9000 standard, so if the Customer, upon receiving the merchandise, detects any external defect derived from the transport, it must be reflected on the delivery note.
- Any claim regarding the contents of the delivery note must be made in writing within 5 days of the date of delivery.
- Receipt of the goods supplied shall be deemed to be the customer’s conformity with the order placed, the Customer shall be liable for payment of all present and future goods.
- Gráficas Z does not assume any damage that may occur to the goods during transport (loss, damage, etc.) or any damage that may be caused by the delay in delivery.
- The deadline for making claims will be:
- 7 days from the date of delivery of the goods, in case of patent non-conformity between the delivery and the order in terms of quality or quantity.
- Before use and at the latest within 10 days of delivery of the goods if the defect or irregularity can not be detected by simple examination or elementary verification.
- In cases where the defect or irregularity can only be detected by means of a thorough examination, a test or the normal placing of the purchased goods on the machine, the claim must be made within 30 days from the delivery of the goods to its place of destination.
5.- PRICES, BILLING AND PAYMENTS
- The prices issued by Gráficas Z will be valid for thirty days from the date of issue of the offer.
- The prices are net, do not include VAT, taxes, transport or other items.
- The amounts of invoices issued by Gráficas Z are not subject to negotiation or discount.
- Gráficas Z may provide a line of credit to its Customers, upon request and acceptance of risk by the Insurance Company; for this purpose, the Customer must provide a current account number to direct debit payments.
- All bank charges generated by defaults will be passed on to the Customer.
- Failure by the Customer to pay any invoice to Gráficas Z will give rise to the accrual of interest on the principal due at the current legal interest rate plus 2 points, starting from the due date of the invoice.
- The non-payment of part of a debt will allow Gráficas Z to claim all of the outstanding debt, even if it had not expired.
- In the event of non-payment, Gráficas Z may suspend the current supply or subordinate it to its advance payment.
- Any return of the product must have obtained the prior written authorisation of the seller, without this requirement may be rejected upon receipt.
- The costs of return will be borne by the Customer.
- Gráficas Z reserves the right not to accept the return if the poor condition of the products is due to defects in storage, conservation, handling or use by the Customer.
- Gráficas Z guarantees the quality of its products according to the ISO 9000 standard.
- The warranty for manufacturing defects is limited to the replacement of the defective product with another of the same characteristics, excluding the payment of damages.
- Gráficas Z is not responsible for claims arising from inappropriate selections by the Customer.
- Gráficas Z, for all new or modified designs, send approval; the conformity of this implies the acceptance of measurements, texts and number of inks. Gráficas Z is not responsible for the works that are not approved by the Customer.
- Any claim regarding the content of the delivery note or the products purchased must be made within 7 working days from the date of delivery.
8.- JURISDICTION AND COMPETENCE
- The parties, waiving their own jurisdiction, if they have it, submit to the Jurisdiction and Competence of the Courts and Tribunals of Zaragoza.
9.- DATA PROTECTION
GRÁFICAS Z S.L. undertakes to maintain due professional secrecy with respect to the personal data to which it has access, and to demand the same level of commitment from any person within its organization who participates in any phase of the processing of personal data. These obligations will subsist even after the end of your relationship with GRÁFICAS Z S.L.
Also, GRÁFICAS Z S.L. in compliance with the Organic Law 15/1999 as responsible for the treatment of data, assumes the duty to comply with the following obligations:
- Not use personal data for purposes other than maintaining and managing the business relationship.
- Not to communicate the data to which have or have had access, not even for its conservation, to other people.
- GRÁFICAS Z S.L. undertakes to adopt the technical and organisational measures established by the Regulation on Security Measures to guarantee the security of the data and prevent its alteration, loss, treatment or unauthorised access.
- GRÁFICAS Z S.L., in no case, will be responsible for the illegality or inaccuracy of the personal data provided by the Customer for the provision of the service. The Customer will be solely responsible for compliance with the information duties contained in art. 5 of the LOPD.
- The signer of the order authorizes his o her personal data become part of a Customers file owned by GRÁFICAS Z with the purpose of managing the goods and services contracted, as well as for the sending of commercial information that may be of his or her interest. The signer can exercise his or her rights of access, rectification, cancellation and opposition at the postal address of GRÁFICAS Z s.l. or by email at firstname.lastname@example.org.
For its part, the Customer undertakes to maintain professional secrecy regarding the data to which it has access from GRÁFICAS Z and to require the same level of commitment from any person within its organization. Likewise, assumes the obligation not to use the data for purposes other than to maintain and manage the relationship with GRÁFICAS Z S.L.