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General Conditions
Article 1. Application field
1.1
The present general selling conditions would apply to all the offers, orders and contracts by Sun & Pool Fun, S.L.
1.2
There could be exceptions to the stipulation in these conditions, always when it’s done in writing, in which case the other stipulations would maintain their total validity.
Article 2. Modifications of prices/contracts
2.1
Sun & Pool Fun, S.L. reserves the right specifically to modify the prices and especially when a judicial resolution is established.
2.2
A contract will not be made until the acceptance of the order of the client on the part of Sun & Pool Fun, S.L. The client will have the right to reject the order or to enclose the delivery on certain conditions, unless it is specifically stipulated otherwise. In case the order is not accepted, Sun & Pool Fun, S.L. will communicate it within the ten (10) following working days after receiving the order.
Article 3. Prices and Payments
3.1
The indicated prices of the products and offered services are in euros, VAT including, and they do not include the costs of handling and shipment, in case there would be, neither the tax nor fees unless it has been stipulated or decided in writing.
3.2
When the client incurs not to fulfil his payments of any sum of money, Sun & Pool Fun, S.L. will have the right to suspend or cancel (the accomplishment of) the corresponding contract and (of) related contracts.
3.3
If during the period between the accomplishment of the order and the delivery of or some increase of the prices of products and offered services and services offered take place, the client will have the right to annulling the order or cancelling the contract within the ten following days to the communication of the increase of the price on the part of Sun & Pool Fun, S.L.
3.4
The payment should be made in advance with credit card or in cash and the client will be able to annul the order within the 3 following days after the accomplishment of the order, except the expenses of the handling costs.
Article 4. Delivery
4.1
The deadline of the delivery will be indicated by Sun & Pool Fun, S.L. In case of exceeding the deadline, the client will not have the right to indemnification or will be able to annul his order or to cancel the contract, unless the excess is so that, reasonably, cannot be demanded to maintain the contract affective. In such case, the client will have the right of annulling the order or cancelling the contract, if necessary.
4.2
The delivery of the products will be carried out in the place and the date in which it will be sent to the client.
Article 5. Reserve of property
5.1
The transmission of the property of given products will take place once the client has paid everything owed to Sun & Pool Fun, S.L. by virtue of some contract. The risk related to products will be transmitted already at the moment of the delivery.
Article 6. Intellectual and industrial rights.
6.1
The client will have to respect unconditionally all the rights of intellectual and industrial property on products given by Sun & Pool Fun, S.L.
6.2
Sun & Pool Fun, S.L. guarantees that the given products do not affect the rights (not written) of intellectual and/or industrial property of the third party.
Article 7. Publicity and responsibility
7.1
The client will have the obligation to verify, at the moment of the delivery, the products, if these fulfil the stipulation in the contract. Otherwise, the client will have to communicate it in writing to Sun & Pool Fun, S.L., with indicating the reasons, as soon as possible and in any case within the seven (7) following working days to the delivery; at least once the verification has been reasonably possible.
7.2
When it has been credited that the products do not fulfil the stipulation in the contract, Sun & Pool Fun, S.L. will be able to choose to replace new products against the return of those or to restore the value of the invoice, if the client has made an erroneous use of the product. For the return of a product, the client always will need the consent of Sun & Pool Fun, S.L. so a control number can be facilitated to the client.
The goods will not be accepted that have been given back without previous consent.
Article 8. Orders/Communication
8.1
In case of false pretence or serious fault on behalf of Sun & Pool Fun, S.L. we will not respond to misunderstandings, mutilations, delays or failures in the communication of the orders and notifications as a result of the internet use or any other media of communication in the commercial relations between the client and Sun & Pool Fun, S.L. or between the third party.
Article 9. Majeure force
9.1
In case of majeure force and without damage of the other rights that correspond to it, Sun & Pool Fun, S.L., will be able, with their choice, to suspend the accomplishment of the order or to cancel the contract without judicial intervention, notifying it in writing to the client and without Sun & Pool Fun, S.L they have not got the obligation to pay indemnity, unless in the circumstances given, except that it is not accepted according to the justice.
9.2
All deficiencies non imputable with Sun & Pool Fun, S.L. will be understood by majeure force for not being responsible for keeping the accounts in virtue by the law, legal transactions or commercial criteria.
Article 10. Various
10.1
Sun & Pool Fun, S.L. will be authorized to send all the orders to the direction that the client has specified in writing, unless the client indicates another direction to Sun & Pool Fun, S.L. where he wants to receive his orders.
10.2
When, during a short or long period, Sun & Pool Fun, S.L. admits in a tactic form or not, exceptions respect to the present conditions, it will not affect the its right to demand the direct and rigorous fulfilment of the present conditions.
10.3
When one or several of the clauses of the present conditions or any other contract with Sun & Pool Fun, S.L. would be the opposite to an applicable legal rule, the clause at issue will be without affect and will be replaced by another analogous and legally permissible one that will be established by poolproducts.nl.
Article 11. Applicable legal right and competent judge
11.1
All the rights, obligations, supplies, orders and contracts to which of the present conditions, will be governed exclusively by the Spanish right.
11.2
Any litigation that arises between the parts will be put under the competent judge of those of Alicante, province of Alicante, Spain.
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