GENERAL CONDITIONS OF SALE
1. These General Conditions of Sale (GCS) shall govern the contractual relations between LOSÁN (hereinafter "LOSÁN" or "the COMPANY") and its customers (hereinafter the "Customer"), for the sale of its products.
2. The Customer, by placing any order, accepts without reservation the present GCS, having prior knowledge of their content as they are displayed on the Internet website https://www.losan.es.
3. These GCS exclude the application of any general conditions of purchase of the Customer, without prejudice to any special conditions that may be agreed in each case by both parties, LOSAN and the Customer, expressly and in writing.
4. Orders placed by the Customer must be accepted by LOSAN in order for the agreement for the sale of the products to be understood to be completed and binding. Once accepted, the Customer may not make total or partial cancellations of the same unless expressly agreed with the COMPANY.
5. LOSÁN shall endeavour at all times to supply orders within the deadlines agreed with the Customer. However, these deadlines shall be understood as estimated or approximate, and in no case of essential compliance, so that LOSAN shall not be liable to the Customer for any delays in the delivery of the material for reasons beyond the COMPANY's control.
6. By signing the delivery note upon delivery of the order, the Customer agrees to the quantity of Products delivered. In any case, the absence of a complaint about a possible defect in quantity or external and apparent quality defects within four days set out in Article 336.2 of the Commercial Code from receipt of the order, shall exempt LOSAN from any liability.
7. From the time of delivery of the order, the Customer shall have a period of 30 days to examine the products and verify their conformity with the order, as well as the possible existence of faults or defects of an internal or hidden nature, and no complaint received after this period shall be accepted.
8. If the customer's claim is justified, LOSAN will proceed to replace the defective products or issue, where appropriate, a credit note, provided that it has been able to inspect the product and verify the existence of the alleged defect, for which reason the customer will refrain from using the products in regard to which the claim is made, and may not unilaterally deduct any amount from the payments that correspond to them.
9. The Customer is solely responsible for the choice of the Product included in their order, as well as the use or function for which it is intended. Therefore, LOSAN is not responsible nor does it guarantee that the Product is suitable for the technical applications intended by the Customer, or to achieve, in whole or in part, the objectives intended by it. Similarly, any instructions or recommendations provided by LOSAN regarding their products, do not waive or release the Customer from their obligation to test the Product supplied to determine its suitability for the uses and processes for which it is intended.
10. LOSAN shall not be liable for any damages caused by defects in the Products, except where it is expressly obliged to do so by virtue of applicable mandatory law. Furthermore, under no circumstances shall LOSAN be liable for claims arising from the handling of the goods, added value, loss of production or profits, incidental, indirect or consequential damages, or loss of profit, with its liability being limited in all cases to the value of the goods supplied.
11. LOSÁN reserves the right to set a credit limit for the Customer and to make deliveries subject to this limit and/or to the presentation of sufficient payment guarantees. In the event of any delay or incident affecting the payment, LOSAN may proceed with the recovery of the goods without prejudice to taking the legal action to which it is entitled, reserving the right to claim costs for damages, including possible injunctions and legal costs.
12. LOSAN reserves the right to full ownership of the Products sold until full and effective payment of the same, so that, until that time, the Customer shall be considered a mere depository, without this implying exemption from the liability regime arising from the delivery and transfer of ownership.
13. The contractual relationship between LOSÁN and the Customer to which these GCS refer shall be governed by Spanish law. For the resolution of any dispute, LOSÁN and the Customer submit to the exclusive jurisdiction of the courts and tribunals of the city of A Coruña, expressly waiving any other jurisdiction that may apply. However, in the event of default by the Customer of its payment obligations, LOSAN may choose, alternatively, to exercise the legal actions that correspond to the courts where the Customer's business address is located.