General terms and conditions of sale
The sales and supply of materials and equipment (hereinafter referred to as the "Supplies") to be carried out by OMS Y VIÑAS, SL (hereinafter referred to as Summa), a legally incorporated company in Spain and registered in the Companies Register of Barcelona - Volume 24304, Folio 11, Page B-67385, Entry 39, with Tax Identification Code B-08164253, and with registered office at Pg. Centelles 10-20, 08013 Barcelona, shall be governed by these General Conditions of Sale (hereinafter referred to as the "GCS").
The purchaser (hereinafter referred to as the CLIENT) declares that they are aware of and accept these GCS (General Conditions of Sale) by placing their order, having been informed of their existence and their availability at www.summaexperience.com.
If you have any queries, you can contact Customer Service by email at firstname.lastname@example.org or by calling 930 000 810 (from 9:00 to 14:00 and 15:00 to 18:00, Monday to Friday, excluding public holidays).
ORDERING AND SCOPE OF SUPPLY
The supply includes the materials and equipment included in the quotation accepted by the CUSTOMER and confirmed by Summa.
The default delivery conditions are at the address indicated by the customer, at street level and in its packaging, unless a special transport is agreed upon and previously quoted. If installation and commissioning of the equipment are agreed upon, this will be explicitly stated in the quotation. If there are particular delivery conditions for the order, the charges corresponding to the costs associated with the new delivery conditions will be added to the quotation. For orders with a destination outside Spanish territory, the delivery conditions are EX WORKS Santa Perpetua de la Mogoda (CP 08130).
The weights, dimensions, capacities, technical specifications, and configurations relating to the products offered by Summa included in catalogs, brochures, leaflets, online sales platforms, and technical literature of Summa or its suppliers are for guidance only and are not binding.
In OUTLET product requests, the photographs presented in the articles and offers are merely indicative, not contractual, and may be subject to change with prior notice from Summa. Order requests will be processed in the order of receipt. During this process, it is possible that the product is no longer available. In this case, the CUSTOMER will be immediately informed of the unavailability of the product and the impossibility of its supply. Therefore, the CUSTOMER may request the cancellation of their order, and the full amount paid will be refunded.
The prices of the Supply are net, exclusive of VAT and any other tax, duty, or fee, which shall be subsequently added to the invoice at the corresponding rates.
Summa's quotations are valid for 30 days, and the prices indicated are linked to the particular conditions of sale (terms and method of payment).
In the event that the sale is an OUTLET product, the prices and contents are valid except in the case of a typographical error or end of stock. In case of replacement of an OUTLET product that is not discontinued or on display, the OUTLET price may not be applicable according to the validity of the promotion, and the price of the current price list will be valid. Net prices cannot be combined with other commercial agreements.
TERMS OF PAYMENT
Summa's Credit Department will evaluate and inform the CUSTOMER of the viability of granting credit. In case of refusal, payment must be made by bank transfer in advance.
In the case of obtaining credit, the payment term shall be thirty (30) days after the date of the invoice issued by Summa for the material that is the object of the Supply, unless there is an agreement in this respect between the CUSTOMER and Summa derived from their usual commercial relationship.
The methods of payment accepted by Summa are as follows (agreed in advance by the parties):
- Bank Transfers
- Bank draft
- Cheque or promissory note
- Credit card
In the event of late payment by the CUSTOMER, the CUSTOMER shall pay Summa, without notice and from the due date of the payment, default interest on the late payment, which shall be calculated in accordance with the provisions of article 7 of Law 3/2004, of 29 December. The payment of this interest shall not release the CUSTOMER from the obligation to make the remaining payments under the agreed conditions.
If the CUSTOMER incurs delays in the agreed payments, Summa may temporarily or permanently suspend the delivery of the Supply or the execution of the services associated with it.
The packaging of the equipment and materials of the Supply shall not be subject to an additional charge on the sale price, but they shall not be returned. According to Royal Decree 782/98, of 30 April, Article 18, and Law 11/1997, of 24 April, on Packaging and Packaging Waste, as the final recipient of our packaging, it is the CUSTOMER'S responsibility to give it the most appropriate environmental treatment (valuation, reuse, or recycling).
In OUTLET Supply, some products may not be delivered in their original packaging.
The transport and shipment of goods shall be at Summa's expense, provided that the minimum amount stated below is exceeded. This shall be clearly stated in the terms of delivery of the offer and shall be invoiced as stipulated in the offer.
· In all cases, for PENINSULA and BALEARIC ISLANDS, orders with net amounts of less than 100€ will have a minimum charge of 10€ for transport.
· In the case of the CANARY ISLANDS, orders with net amounts of less than €300 will be charged a minimum of €38 for transport.
If the CUSTOMER declares to be in charge of the transport, this must be indicated in advance in the request for a quotation. The goods will be collected from Summa's logistics warehouses.
The transport and shipment of goods to destinations outside Spain will be previously quoted and agreed upon through the different incoterms.
You may send your complaints and claims to the contact channels indicated, and they will be dealt with by our customer service department as soon as possible and, in any case, within the legally established period. Mail: email@example.com or telephone 930 000 810.
Once the Supply has been received, the CUSTOMER shall check the contents of the Supply at the time of receipt to verify any defects and/or faults that may be attributable to Summa, leaving a record on the transport document and notifying Summa of the existence of these defects and/or faults within 48 hours of receipt at the latest.
Once 48 hours have elapsed since receipt of the Supply by the CUSTOMER without Summa having received written notification of any defects or faults, the Supply shall be deemed to have been accepted, and the warranty period shall commence from this moment onwards.
Return of merchandise
If the CUSTOMER intends to make a return, Summa must be notified within 30 days of receipt of the Supply by the CUSTOMER. In the event that the purchase is made through digital channels, a period of 7 days is established.
All returns must be previously authorized by Summa. To be able to receive subsequent credit, the products must be returned in their original condition and with the original packaging. If the product has been opened, it is essential that both the packaging and the contents, as well as the accessories, are in perfect condition.
Summa will not accept returns of certain items that have either special characteristics (e.g., personalized decoration) or are outside Summa's usual sales program and have been purchased/manufactured specifically for the CUSTOMER. These items will be clearly indicated in the quotation.
Summa offers a lifetime guarantee against chipping on the Moon, Valet, and Modern tableware collections.
With the exception of products such as cups, mugs, teapots, coffee pots, and mugs.
The warranty does not cover damage or defects due to normal wear and tear caused by the use of the equipment or material supplied. Also excluded from the guarantee, which shall be considered expired, are damages and defects caused by inadequate conservation or maintenance, incorrect or negligent storage or handling, abusive use, variations in the quality of the electricity supply (voltage, frequency, disturbances, etc.), modifications made to the Supply without Summa's written approval, installations subsequently modified without following the technical instructions of the product, and, in general, any cause that is not attributable to Summa.
LIMITATION OF LIABILITY
The liability of Summa, its agents, employees, subcontractors, and suppliers for claims arising out of the performance or non-performance of its contractual obligations shall not exceed, in the aggregate, the basic contractual price. It shall in no event include damages arising from loss of profits, loss of revenue, production or use, capital costs, downtime costs, delays and claims of the CUSTOMER, substitute energy costs, loss of anticipated savings, increased operating costs, or any special, indirect, or consequential damages or losses of any kind whatsoever.
The limitation of liability contained in this clause shall prevail over any limitation contained in any other contractual document that is contradictory or inconsistent with this clause unless such a provision would further restrict the liability of Summa.
The intellectual property of the quotation, in all its terms, and the information attached to it, as well as that of the equipment that is the object of the Supply and that of the elements, plans, drawings, software, etc., incorporated or related to it, belong to Summa or its suppliers. Therefore, their use by the CUSTOMER for purposes other than the completion of the order is expressly prohibited, as well as their total or partial copying or transfer of use in favor of third parties without the prior written consent of Summa.
Submissions to jurisdiction and Venue
These Terms and Conditions shall be governed by and construed in accordance with the laws of Spain.
The parties expressly waive any other jurisdiction that may correspond to them and submit to the jurisdiction and competence of the Courts and Tribunals of Barcelona.
The Parties shall treat all documents, data, materials, and information provided by one of them to the other as confidential and shall not disclose them to any third party or use them for any purpose other than the performance and development of the Supply unless the prior written consent of the other Party has been obtained. The foregoing shall not prevent Summa from providing the CUSTOMER's name and the basic data of the Supply as part of its commercial references.
Summa Experience reserves the right, at its sole discretion, to modify, alter, or otherwise update these Terms and Conditions at any time. Modifications will be posted on the website and will be effective immediately upon posting.