GENERAL CONDITIONS OF SALE
1.Scope of application
These General Conditions of Sale will apply to all contractual relationships between BERCA BRAND, SL (hereinafter “BERCA”) and the buyer of its products (hereinafter, the “Buyer”).
2.Budget and acceptance
2.1. Unless otherwise provided for in the budget itself, BERCA budgets will remain in force for a period of 15 calendar days from the date of their issuance. Without prejudice to the foregoing, BERCA may revoke its quotes at any time before receiving the Buyer's acceptance.
2.2. The Buyer will confirm acceptance of the quote by signing the corresponding Purchase Order provided by BERCA along with the quote. The Purchase Order will reflect the particular conditions of each order placed by the Buyer to BERCA and its signature by the Buyer will imply acceptance of these.
23. BERCA will confirm the Purchase Order by issuing an order confirmation.
3.Payment
The Buyer will pay BERCA 50% of the total order at the time of signing the Purchase Order and the remaining 50% when the order is ready to be shipped to the Buyer, regardless of the place where delivery of the order must take place.
4.Delivery and shipping times
4.1. BERCA will inform the Buyer of the delivery times in the Purchase Order. This period may vary depending on the volume of the order and production circumstances.
4.2. BERCA will be responsible for shipping the products to the Buyer to the address indicated in the Purchase Order.
4.3. The Buyer must check the condition and quantity of the Products at the time of delivery in accordance with the Guarantee Procedure detailed in section 6.
5.Force Majeure
BERCA will not be responsible for delays or non-compliance due to Force Majeure or fortuitous event, understood as those established in the applicable legislation.
6.Warranty
6.1. The standard warranty duration for BERCA products is twelve (12) months from the date of delivery of the Products.
6.2. The guarantee for BERCA products is limited to the supply of spare parts and does not include the travel or labor necessary to repair the products.
6.3. The procedure for processing the warranty for BERCA products is as follows:
-It is the Buyer's responsibility to duly check the condition of the Products at the time of delivery and ensure that the Products are accompanied by all their documentation.
-At the time of receipt of the Products, the Buyer must send BERCA, by email
(serviciopostventa@berca.es), the machine delivery certificate, the commissioning certificate and the product warranty form duly completed, signed and sealed.
-In case of damage to BERCA products caused during transport, the Buyer must reflect this in the Transport Document or CMR and send said document to BERCA by email within a maximum period of two days from receipt of the merchandise (after-sales service). @berca.es) along with photographs of the damage and the transport claim for the damage observed on the receipt delivery note delivered in copy to the carrier. If the damage caused by transport is not urgently documented, Berca will not be responsible for it.
-In case of damage to BERCA products within the warranty period, the Buyer will inform BERCA by email (serviciopostventa@berca.es) specifying the extent of the breakage and the parts necessary to repair the products. As well as a description of their malfunction.
-In the event that the customer is urgently required to replace the product after technical assignment of the origin of the guarantee, a new purchase order must be issued that will be invoiced. If the origin of the technical guarantee is subsequently determined, that charge will be duly paid, offsetting the previous invoice.
-The warranty claim must be accompanied by photographs of the breakage, a technical report of the facts and the duly completed form, indicating the type of machine, the model and its serial number. In its claim, the Buyer may include the transportation costs of the piece(s) so that they may be reimbursed by BERCA.
-The Buyer must store, package and correctly label the replaced part(s), indicating the warranty number, until BERCA resolves the claim.
7.After-sales Service and Spare Parts
7.1. BERCA offers an After-Sales Service to the Buyer that can be requested by email sent to the
address Serviciopostventa@berca.es
7.2. The work carried out by the After-Sales Service will be invoiced by BERCA to the Buyer.
8.Data Protection
8.1. The person responsible for the processing of personal data provided by the Buyer is BERCA BRAND, SL with NIF ESB87539581 calle Malaquita 2A 1ºC 28400 Collado Villalba, Madrid, Spain.
8.2. The data provided is necessary to process the purchase of the products and will be processed for this purpose. The Buyer's personal data may be communicated to authorities and public bodies for compliance with a required legal obligation, as well as to service providers and third parties necessary for the management of their orders.
8.3. The Buyer's personal data will be processed as long as the commercial relationship is maintained or for the years necessary to comply with legal obligations. Otherwise, your data will be kept as long as you do not request the cessation of the activity or for the time necessary for the formulation, exercise or defense of claims.
8.4. The Buyer may exercise their rights in relation to the processing of their personal data (access, rectification, opposition, deletion, limitation of processing, portability and not being subject to individualized decisions) in accordance with current regulations, by writing to to the address indicated above, or by email to
berca@berca.es
8.5. The Buyer can obtain detailed information about the processing of their personal data in the Privacy Policy published on our website www.berca.es
9.Applicable law and jurisdiction
The interpretation, validity, execution and effects of this Agreement will be governed by Spanish legislation. In the event of a dispute regarding any clause contained in this document, it will be resolved by the courts of Madrid, expressly waiving their own jurisdiction.
