1.Scope These General Terms and Conditions of Sale (hereinafter "GTCS") shall be applicable to the sale and all acts related to the products of KETTAL (hereinafter "the Products") between KETTAL, S.L. (hereinafter "KETTAL"), as the seller, and the customer, whether a consumer or professional, as the buyer (hereinafter "the Customer"). In case there is a signed agreement between KETTAL and the Customer, these GTCS shall be included therein. The technical specifications of KETTAL products are an integral part of these GTCS. These GTCS exclude the application of any purchasing conditions that the Customer may have. Any amendments to these GTCS can only be made with KETTAL's written approval contained in the relevant offer or order confirmation.
2. Purpose The purpose of these GTCS is the sale of the products included in KETTAL's catalogs. KETTAL reserves the right to cancel and amend any product, material, color, or other item in its Products contained in the catalog without prior warning.
3. Acceptance of these GTCS The order of any Products or the acceptance of information about them by the Customer implies the automatic acceptance of these GTCS, which shall apply to all acts relating to the sale, from the order until the termination of all obligations that correspond to each of the parties.
4. Orders To be considered binding, all orders must be made in writing, and the Customer must have included the complete references of the Products it requires in accordance with the catalog and the price list. Nevertheless, KETTAL reserves the right to accept or reject the order. The order of Products by the Customer does not result in a sale agreement between KETTAL and the Customer. The sale agreement shall be deemed entered only when KETTAL sends its written acceptance to the Customer by means of a confirmation of order. KETTAL's acceptance of the order shall be notified to the Customer by a written confirmation of order, specifying the Products, prices, and any applicable conditions. The cancellation of an order by the Customer is valid only if it occurs prior to KETTAL’s confirmation of order.
5. Complaints and returns KETTAL only accepts claims for breakage, missing goods, or transport problems within a period of seven (7) days after the receipt of the Products; otherwise, the period to claim is 24 hours maximum from delivery. No Products may be returned without KETTAL’s prior knowledge and written authorization.
6. Title to property The Products will be deemed in bond until full payment has been made for them. The ownership of the Products is transferred to the Customer once they have been paid in full.
7. General guarantee All Products are guaranteed for a period of five (5) years for domestic use and two (2) years for non-domestic use in normal conditions of use and maintenance, except lamps, batteries, cushions, covers, and fabrics. Lamps have a guarantee of two (2) years for domestic use and one (1) year for non-domestic use, except consumables and batteries. This guarantee does not apply to faults or imperfections resulting from the passage of time or normal wear and tear (changes in wood texture, fading or change in shade of colors, chips, scratches, etc.). For pavilions and pergolas, KETTAL does not guarantee the Product if it is not properly anchored. The assembly and, if applicable, anchor of the Products and previous refurbishment of the anchor area are the final user’s sole responsibility. The Customer shall sign KETTAL’s Statement of Compliance document and deliver it to KETTAL. For appropriate cleaning, water and pH neutral soap should be used (no power washers or water outside the temperature range of 10-40ºC). In case of use of any other products or systems for cleaning the Product, it will not be covered by the guarantee.
8. Intellectual and Industrial Property KETTAL holds the intellectual and industrial property rights on the designs, plans, sketches, software, photographs, know-how, and any other data relating to the Products and catalogs, as well as its trademarks, brands, and any other distinctive signs. Their use is completely forbidden except with KETTAL’s prior written authorization.
9. Force majeure If a force majeure event occurs, KETTAL shall be entitled to suspend or delay the delivery of the Products for a period that is reasonable according to the circumstances, without incurring any liability or infringement. Force majeure means any cause or circumstance beyond KETTAL’s control (e.g. war, fire, flood, explosion, strike, epidemic, pandemic, etc.). KETTAL shall notify the Customer as soon as possible of the existence of a force majeure event, as well as of its termination, indicating the term in which it shall comply with the obligation that was suspended or held back.
10. Data protection According to the General Data Protection Regulation (EU) 679/2016 and the Spanish applicable laws on data protection, KETTAL shall process the personal data provided by the Customer for handling the commercial relationship and executing this agreement. The personal data provided shall not be transferred to third parties except for compliance with a legal obligation. Data subjects of the personal data provided to KETTAL shall have, at any time, the right of access, to rectification, erasure, object, restriction of data processing, and revocation of consent, by addressing KETTAL, S.L., c/ Aragón, 316, 08009 Barcelona, in writing.
11. Applicable law and jurisdiction These GTCS are governed by Spanish law. Any dispute arising in connection with the execution or interpretation of these GTCS shall be subject to the competent courts and tribunals of the city of Barcelona, expressly waiving any other jurisdiction that may be applicable.