Terms and Conditions
On the one hand, Fabricados Industriales Aragoneses S.L., (hereinafter, FIASA), with Tax Identification Number B50135813 and address at C/Turiaso nº27 nave B-42 Plataforma Logística de Zaragoza (CP. 50197 Zaragoza – SPAIN), owner of the website accessible through the URL http://fiasaragon.com/ (hereinafter, the Website) and, on the other, the Purchaser, understood as any User, of legal age in accordance with Spanish legislation, who accesses the Website and completes the steps established therein for the purchase of one or more of the products in its catalogue, including the acceptance of these Conditions.
The purpose of these Conditions is to regulate the purchase by the Buyer of any of the products offered on the Website in exchange for the corresponding financial consideration in accordance with the provisions of Stipulation 4 below.
3. Purchasing Process
The purchase process can be carried out by telephone or via email.
The Buyer must call the telephone number published on the Website and/or send an e-mail indicating to FIASA the products of interest and the chosen method of payment. The only means of payment accepted are:
- By credit/debit card
FIASA shall draw up an Offer / Quotation and send it to the Buyer by e-mail together with these Conditions.
The Buyer shall review the offer and these Conditions and send the signed offer, also by e-mail to the same address from which it was sent, and, if applicable, proceed to payment.
FIASA shall confirm receipt of the Purchaser’s willingness to purchase and, if applicable, shall also confirm payment, when payment has been made. Where appropriate, it shall send the corresponding invoice by e-mail. By accepting these General Conditions of Purchase, the Buyer consents to the sending of an electronic invoice. He may object to this at any time by writing to firstname.lastname@example.org.
The order shall be received by the Purchaser within the estimated period indicated in the offer, always after FIASA has confirmed receipt of payment.
4. Pricing and Shipping Policy
The prices of the products will be sent to the customer’s request by e-mail, will be presented in EUROS and include VAT or any other applicable taxes. However, the information relating to taxes is subject to modification as a result of changes in the same.
The transport and delivery costs of the products shall be those indicated in the Offer / Quotation sent to the customer, as well as the delivery date.
5. Acceptance of the General Conditions of Purchase
When the purchase is made by telephone or e-mail, the Buyer must also read and accept these Conditions.
6. Right of withdrawal
The Buyer shall have the right to cancel, in accordance with Royal Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws (hereinafter, TRLGDCU), within fourteen calendar days following the day on which he/she received the last of the goods included in the order.
To do so, you may send an e-mail to email@example.com or a letter addressed to Fabricados Industriales Aragoneses S.L., C/Turiaso nº27 nave B-42 Plataforma Logística de Zaragoza (CP. 50197 Zaragoza – SPAIN). In the Annex to these General Conditions of Purchase, a model of withdrawal communication to FIASA is provided which the Purchaser, if he so wishes, may use.
Within fourteen (14) days of communicating your intention to withdraw, you must proceed to return the products whose sale you are withdrawing from to the following address: Fabricados Industriales Aragoneses S.L., C/Turiaso nº27 nave B-42 Plataforma Logística de Zaragoza (CP. 50197 Zaragoza – SPAIN), sending proof of shipment by e-mail. You will be responsible for the transport costs derived from the exercise of your right to cancel, and the return costs as indicated in the return process document. The goods must be returned in identical condition to that in which they were delivered, with all their containers and packaging.
Notwithstanding the above, certain products may not be subject to withdrawal in accordance with the provisions of article 103 of the TRLGDCU. For example, the following may not be withdrawn:
- The supply of goods that may deteriorate or expire rapidly.
- The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
- The supply of goods which after delivery and taking into account their nature have become inseparably mixed with other goods.
7. Obligations of the Parties
7.1. Obligations of FIASA
By virtue of these Conditions, FIASA undertakes to:
- To use its best efforts to carry out the necessary formalities for the receipt of the order by the Buyer.
- To provide the Buyer with the documentation necessary to receive the order.
- To comply with any other obligations contained in these Conditions or in any other applicable conditions.
7.2. Obligations of the Purchaser
By accepting these Conditions the Buyer undertakes to:
- To pay in due time and form the corresponding amounts, including fees, taxes and any other costs specified during the purchase process. Failure to pay, when this does not take place in the last step of the purchase process, shall exempt FIASA from the fulfilment of its obligations.
- To be responsible for the authenticity and accuracy of any data that has been provided in order to make the purchase.
- To assume the responsibility derived from not complying with the requirements demanded by FIASA in order to hold the status of Buyer or from not possessing the documentation required in order to place the order.
- To comply with any other obligations included in these Conditions or in any other conditions that may be applicable, such as the General Conditions of Use or the Particular Conditions of Registration, and to assume any liability deriving from their non-compliance, leaving FIASA totally indemnified.
The legal guarantee in accordance with the provisions of the TRLGDCU applies.
9. Exclusion of Liability
The legal guarantee in accordance with the provisions of the TRLGDCU applies.
FIASA shall in no case be liable for any damages caused to the Buyer for causes attributable to the latter.
By way of example only and without the intention of being exhaustive, FIASA shall not be liable for:
- The usefulness for the Purchaser of the products purchased.
- The suitability of the products for the real needs of the Purchaser.
Personal or material damage caused as a consequence of the use of the products.
- Damage to the products when caused by the company responsible for their transport.
- Failure to fulfil its obligations due to force majeure such as, but not limited to, internal or external strikes, natural catastrophes, failure of the company responsible for transport, etc.
The Purchaser declares that the products ordered are at his own risk and expense, the activity of FIASA being limited to the execution of the material tasks necessary to deliver the products that he has selected. In no case shall FIASA be responsible for the choice of products made by the Purchaser, even if FIASA has advised the Purchaser in this respect, or for the lack of diligence on the part of the Purchaser in checking the specifications of the products ordered.
In any case, the liability that FIASA assumes towards the Buyer shall in no case include loss of profit and shall be limited, in any case, at most and for any concept, to the total amount received by FIASA from the Buyer in accordance with the stipulation on economic conditions of these Conditions.
Failure by the Buyer to comply with these Conditions or any other applicable conditions may result in damages for FIASA. In this regard, the Buyer shall be obliged to compensate the Purchaser for any damage, prejudice, loss or cost (such as lawyers’ and solicitors’ fees).
Likewise, if as a result of the Buyer’s non-fulfilment, any type of claims or proceedings against FIASA are generated, the Buyer shall indemnify FIASA against such claims and FIASA may claim from the Buyer any expense, cost, loss or damage derived from the same.
FIASA and these Conditions may, at any time and without prior notice, be updated and/or modified.
Such modifications shall come into force as soon as they are published on the Website by any means and in any form.
The modification of these Conditions shall only affect Buyers who accept them after such modification.
12. General Issues
12.1. Safeguarding and interpretation of these Conditions
These Conditions, the Special Conditions accepted from time to time and any other conditions applicable to the Buyer constitute a single agreement between the Buyer and FIASA.
In the event of contradiction between the provisions of these Conditions and any other conditions entered into between the parties, the terms and conditions of these Conditions shall prevail over the provisions of these Conditions, unless the stipulations included in these Conditions expressly state otherwise.
The fact that any of the parties, due to impossibility or convenience, does not demand strict compliance with any of the terms of these Conditions at any given time, does not imply and cannot be interpreted as a modification, in whole or in part, of the same, nor as a waiver on their part to demand compliance with their strict terms in the future.
The declaration of invalidity of one or more of the Stipulations of these Conditions by a competent authority shall not affect the validity of the remaining Stipulations. In this case, the contracting parties undertake to negotiate a new stipulation to replace the nullified one with the greatest possible identity with it. If the replacement becomes impossible and the Stipulation is essential to these Conditions, in the opinion of the party harmed by its elimination, the latter may opt for the termination of the Conditions.
Any reference in these Conditions to a repealed article or body of law shall be construed as a reference to the equivalent provision which replaces it.
12.2. Assignment and Delegation
The Buyer may not assign or delegate the rights granted in these Conditions or the obligations assumed hereunder. Any assignment and/or delegation shall be null and void.
FIASA may assign or delegate all or part of its rights and obligations contained in these Conditions without prior notice. FIASA may also substitute by any legal transaction the holder of this legal relationship for any other.
The language applicable to these Conditions is Spanish. If versions of these Conditions have been offered in other languages, this has been done as a courtesy, for the convenience of the Buyer. The Buyer expressly accepts that these Conditions shall always be governed by the Spanish version.
Si existiera alguna contradicción entre lo que dice la versión en español de estas Condiciones Generales de Compra y lo que dice alguna de sus traducciones, en todo caso prevalecerá la versión en español.
12.4. Legislation and Jurisdiction
The relationship between FIASA and the Buyer arising as a consequence of the acceptance of these Conditions shall be governed by Spanish legislation and jurisdiction.
For the resolution of any discussions or conflicts that may arise between FIASA and the Buyer who is considered to be a consumer and user in accordance with the applicable regulations on the subject, both shall submit themselves, expressly waiving any other jurisdiction that may correspond to them, to the Courts and Tribunals of the Buyer’s domicile.
In the event that the Buyer is not considered a consumer and user in accordance with the applicable regulations, the parties will submit, expressly waiving any other jurisdiction that may correspond to them, unless another jurisdiction is imperatively determined by law, to the Courts and Tribunals of Zaragoza.
Model withdrawal form
(You only have to fill in and send this form if you wish to withdraw from the contract)
To the attention of Fabricados Industriales Aragoneses S.L., C/Turiaso nº27 nave B-42 Plataforma Logística de Zaragoza (CP. 50197 Zaragoza – SPAIN), with email address firstname.lastname@example.org
I hereby inform you that I withdraw from my contract of sale of the following good [define product], received on [insert date of receipt of order].
Name and surname: ______________________________