GENERAL CONDITIONS OF SALE
These General Terms and Conditions apply to all offers and agreements without exception between any company (CLIENT) and PREMIUM DELEVENT, S.L. (PREMIUM), except prior agreement signed by both parties and also in agreements for which the participation of a third party is required for its execution.
2. OFFERS, RESERVATIONS AND CONFIRMATIONS OF AGREEMENTS AND BUDGETS
No rights are derived from the offers issued by PREMIUM, they are non-binding estimates.
Stock reservations are subject to agreed dates. PREMIUM reserves the right to cancel the reservation commitment of the elements included in the agreement once the limits have been met.
PREMIUM declines any responsibility regarding the availability of the material if any incident occurs in the stock (non-return, damage, theft, etc.). In this case, you can offer an alternative material.
The budget confirmation will be effective when the CLIENT sends the signed budget and proof of payment. Once the CLIENT has been confirmed, he is bound by the agreement described in these General Conditions.
3. EXECUTION AND SUPPLY
The delivery or supply period will begin on the day of the event or the day on which the total information required for the execution of the agreement is received or the day on which the advance payment that may have been necessary has been received. , as described in the order confirmation.
If Force Majeure is applied or if other circumstances prevail that are by nature such that prevent PREMIUM from executing the agreement, the delivery time will be extended and prolonged for a period of time that is equal to the delay period.
The CLIENT is obliged to review the material when it is delivered and sign the delivery note giving his agreement. In the absence of signatories, the delivery will be considered as compliant and accepted by the customer.
In these General Terms and Conditions, Force Majeure includes strikes, illnesses, measures imposed by any Government, civil wars, terrorist attacks, natural disasters, unforeseen traffic situations and delays in deliveries and supplies to be made by subcontractors.
PREMIUM can deliver or supply in parts.
PREMIUM is not responsible for a delivery that cannot occur due to legal limitations derived from COVID or any other disease.
The CLIENT will be obliged to accept the rented products at the time of delivery that may differ in an extraordinary way from the initial order as a resolution of any incident in the stock or transport or other circumstance. The CLIENT considers that the products are in perfect condition unless he has determined otherwise in writing as a description of the damage.
The CLIENT will guarantee that the agreed place for delivery or supply or the place of return is easily accessible, free of obstacles and clean and dry. Otherwise, additional costs may be incurred as a result of delays or damage to the merchandise. The price of the estimates assumes the delivery on the ground floor and with direct access.
4. RENTAL OR PURCHASE PRICE
-PREMIUM reserves the right to modify any price within the published rates. All budgets are calculated with amounts in euros and do not include taxes unless otherwise indicated.
- The minimum order is € 250 (personnel or transport costs are not included).
- If the products cannot be collected on the agreed date, PREMIUM will charge for the additional rental period or the costs incurred for transportation and personnel will be charged.
- Modification of the contract or additional work within the framework of the agreement will entitle PREMIUM to charge the client for the costs arising from it at the usual prices.
- The estimates will indicate the transport and / or personnel costs incurred for delivery and / or collection at special times or locations not included in the usual service, which are not included in the rate. If the schedules differ from what was agreed in the confirmed budgets, PREMIUM will charge the costs derived from delays, late-night hours or any of the differences with the confirmed budget.
- PREMIUM has the right to deploy third parties in the execution of the assignment, whose costs will be transferred to the client in accordance with the budget provided.
- In the event that the CLIENT wants to transport the rented products on his own, PREMIUM will collect a deposit that will be calculated taking into account the value of the rented products
The General Conditions are, by default, Advance Payment, unless a different form is established in a written agreement between CUSTOMER and PREMIUM.
All invoices will be paid by the client in accordance with the payment conditions mentioned in the estimate. In the event of non-compliance with payment, PREMIUM reserves the right not to deliver or supply the agreed products until payment is received or to change the conditions agreed with the CLIENT in budgets already confirmed for future services. In the case of advance payment, the CLIENT must send PREMIUM the proof of transfer, at the latest 24 hours before the start of the supply. In the case of non-receipt of this, PREMIUM reserves the right to cancel the order and invoice the transport and personnel costs incurred.
If the CLIENT remains in default in relation to its payment obligation, it will be obliged to reimburse the extrajudicial costs incurred by PREMIUM. Payments made by the CUSTOMER will be considered to cover firstly the interest owed and, subsequently, the invoices owed that have remained unpaid for a longer time, even if the client refers to payments made to other destinations.
6. RETENTION OF PROPERTY
The properties rented by PREMIUM will remain your property.
7. CUSTOMER LIABILITY
- The rented goods remain at the customer's risk and expense once they have been supplied until said goods are once again in PREMIUM's possession.
- The CLIENT will continue to be responsible during this period for theft, loss or damage (stains, burns, breaks, cuts, etc.) of the rented goods. PREMIUM reserves the right to charge 100% of the value of the affected products.
- The rented goods can only be used for the purpose for which they are intended when entering into the rental contract. Any other use will give PREMIUM the right to terminate the contract with the customer and remove the merchandise. This circumstance will not release the CLIENT from its obligation to pay the agreed price.
8. CLAIMS AND WARRANTY
- The CLIENT must review the material once delivered and submit in writing, within a maximum period of 24 hours, any damage. Once this time has passed, it is considered that the material has been delivered in good condition and that its return will be in the same conditions.
- The CLIENT can present an incident in writing if he believes that there is a failure in performance up to 2 days after the end date of the agreement.
- If the supplied goods do not comply with the terms of the contract, PREMIUM will guarantee the recovery of the supplied goods or, at its discretion, will replace the supplied goods or supply the missing goods.
- Invoice complaints must be submitted within 8 days of receipt and must also be submitted in writing.
9. PREMIUM'S LIABILITY
- PREMIUM is not responsible for damage to items that the client leaves in cabinets, counters, exhibitors, desks and other rented goods.
- If any stipulation of the law requires PREMIUM to pay compensation for damages, that responsibility will be limited to your liability insurance and, therefore, will have a maximum limit to the amount paid by the insurer.
- PREMIUM will not be responsible for any consequential damages suffered by the CLIENT or third parties during the supply, delivery, execution of the project or the disassembly and removal of the goods. This also includes third parties deployed for the performance of the contract by PREMIUM.
10. CANCELLATION AND DISSOLUTION
- If the CLIENT has canceled the assignment of rental and leasing of goods at least 1 month before the start of the assembly period, the CLIENT must pay 25% of the total rent. If the cancellation has been informed between the 30th and the 14th prior to the start of the assembly, the CLIENT must pay 50% of the total rent. If, on the contrary, the cancellation has occurred less than 15 days before the start of the assembly, the CLIENT must pay 100% of the total rent. These penalties will be paid without prejudice to PREMIUM's retained right to claim reimbursement for actual damages and other costs.
11. TERMINATION OF THE AGREEMENT
The rental agreement will end once the rental period of the goods according to the agreement has ended. The CLIENT will be obliged to return the merchandise appropriately at the place and times designated and informed in advance in the rental agreement.
The rented property must be in PREMIUM's possession, as a limit, at the time of completion of the rental agreement. If after the end of the rental period, PREMIUM cannot receive the merchandise as a result of a circumstance that is borne by the CUSTOMER, the CUSTOMER will be obliged to return the merchandise immediately and do so at his own expense.
In order to carry out the contractual relationship established in this contract, the parties undertake to treat the information to which they have access due to it with total confidentiality. The confidentiality stipulations contained in said clauses will continue in force once the contractual relationship or its termination has ended. The parties state that the data and information provided in said document will be treated in accordance with the provisions of current regulations on data protection, Regulation (EU) 2016/679 of April 27, 2016 (GDPR) and Organic Law 3 / 2018, of December 5 (LOPDGDD) with the exclusive purpose of carrying out the execution of the contract. The data will be kept as long as there is a contractual relationship between the parties. Subsequently, they will be kept blocked to comply with the legally established deadlines, adopting technical and organizational measures to prevent their treatment including their visualization, and being only available to judges, courts, prosecutors or public administrations, in order to deal with legal responsibilities. Once the required legal period has elapsed, these data will be definitively destroyed and subsequently they will be kept blocked to comply with the legally established deadlines. It is not foreseen to communicate the data to third parties except legal obligation or those providers linked to the parties that act as Treatment Managers. Any other assignment will be previously informed to the contract holders. At any time, the parties may exercise the rights of access, rectification, deletion and portability of their data and those of limitation or opposition to treatment, by writing to the address that appears in the heading of this contract. If the parties consider that the processing of personal data does not comply with current regulations, they may file a claim with the Control Authority at www.aepd.es.