GENERAL TERMS AND CONDITIONS OF SALE:
DEAR CUSTOMER:
According to the provisions of current regulations on Personal Data Protection, we inform you that your data has been incorporated into a file under the responsibility of LIGHTMAX SL SL in order to meet the commitments generated by the relationship we have with you.
In compliance with current regulations, LIGHTMAX SL SL informs you that the data will be kept during the LEGALLY ESTABLISHED PERIOD.
LIGHTMAX SL SL informs you that it will process your data in a lawful, loyal, transparent, adequate, pertinent, limited, accurate and updated way. Therefore, LIGHTMAX SL SL undertakes to take all reasonable measures to delete or rectify any errors without undue delay in case any information is inaccurate.
In accordance with the rights conferred by the current regulation on Personal Data Protection, you may exercise the rights of access, rectification, limitation of treatment, deletion, portability and opposition, by submitting your request to the following address: POL ARRETXE UGALDE C/LEKUMBERRI, 4 20305, IRUN (GUIPÚZCOA).
You can contact the competent DPO (Data Protection Officer) to present any claim deemed appropriate.
If within 30 days you do not inform us otherwise, we understand that your data has not been modified, that the customer agrees to notify us of any change and that we have the consent to process them in order to proceed with your billing.
LIGHTMAX SL
1. PRICE EFFECT, CURRENCY:
a. The prices in effect published on our websites, electronic or printed media may suffer changes without prior notice, check with your sales executive before placing your purchase order.
b. All our prices are specified in Euros.
c. Prices expressed in the quotes issued by LIGHTMAX SL will be valid for 30 calendar days from the date of issue.
d. The cases not included in this section for billing purposes should be considered every time and directly with your sales executive in writing.
2. ORDERS:
a. For a proper processing of your order, you must:
• Send a purchase order in proper format of your company and/or authorised personnel and submit it electronically to your sales executive.
• If you do not have an available purchase order format, the customer shall provide a confirmation by email of the quote previously received by the sales executive.
• Do not count on past due balances of previous invoices or orders with LIGHTMAX SL.
b. The purchase order shall inform the quantity of each product, LIGHTMAX SL part number and description of the products ordered, as well as the address for delivery of the corresponding packages. Orders will be processed as soon as possible for delivery. If LIGHTMAX SL does not have available in its stocks, any of the ordered material/product, the customer will be informed accordingly, leaving the order pending delivery until the receipt of the product or prior agreement with the customer.
c. Verify that the commercial conditions previously established in the quote are the same as those indicated in the customer's purchase order.
d. For those orders that specify cash payment, you must send by email a copy of the corresponding payment and confirm receipt thereof with your sales executive by telephone.
e. The confirmation of a quote by email as an order will lead to acceptance of all and any clauses of these terms and conditions.
f. Purchase orders or order confirmations by telephone will not be accepted, all these transactions must be recorded via email with your sales executive.
3. BILLING:
a. In order to process your billing correctly, it is necessary that your purchase order has the following information:
Tax data:
1. Name and/or corporate name.
2. Tax identification number (VAT other countries edit for each form)
3. Corporate Address, ZIP, City, Province/State, Phone Number.
Data for delivery of material(s):
4. Address for delivery of material(s), ZIP, City, Province/State
5. Name and phone number of person who will receive material(s)
Data for submission of Invoice:
6. Address for submission of invoice, ZIP, City, Province/State
7. Name and phone number of person who will receive invoice (If necessary)
Purchaser and/or payment data:
8. Purchase contact, phone number, email
9. Email contact for payment and/or receipt of invoices
b. In case of non-payment of any invoice, LIGHTMAX SL will proceed by blocking your account until its outstanding balance is settled. LIGHTMAX SL reserves the right of ownership and useful domain of the collected merchandise, if any invoice is not fully paid.
c. If your tax data undergoes any change, it is necessary to notify it to your sales executive prior to billing in order to avoid cancellations or tax rectifications.
4. WARRANTIES:
a. All our products have a manufacturing defect warranty with LIGHTMAX SL for a year from the invoice date, if there is a defect, the sales executive must be notified immediately.
b. If you find out that the damage is caused during the shipment of the goods by the
logistics services used by LIGHTMAX SL, this should be notified immediately to the sales executive, before you sign and deliver the acceptance and reception form to the delivery personnel, otherwise that may not be taken into account if you submit any claims later.
c. To manage the processing of a warranty of a defective product or equipment, request its RMA format and instruction, so that it is validated and executed to whom it may concern.
d. If the product delivered by the customer is not defective, damaged or malfunctioning, LIGHTMAX SL reserves the right to charge the customer for the time spent on the product receipt, inspection and analysis.
e. The shipping and return costs of the apparently damaged product will be borne by the customer if the warranty claim is not applicable.
f. The customer must provide the invoice that proves the purchase of the product to start the warranty claim process, whether or not it is applicable.
g. All interventions in the warranty period will be conducted in our facilities, however LIGHTMAX SL can establish new agreements with our customers.
h. The warranty will be render ineffective under the following circumstances:
• If the instructions for use and handling are not followed
• Defective installation or installation errors
• Incorrect voltage or power
• Damage due to natural phenomena or catastrophes
5. SHIPMENTS AND DELIVERY OF MATERIALS:
a. Deliveries of materials will be made at the address you indicate in your purchase order, however you must follow the points contemplated in subsections B, C, D, E and F of this section.
b. All deliveries are handled by prestigious courier companies nationwide (NACEX, UPS, DHL, SEUR, TNT, DB Schenker, BMV), which is why we have entered into delivery commitments for one working day in the main cities in the country in the peninsular area of the country for packages with small to medium volumes. For larger packages and for the rest of the country a delivery of 1 to 3 working days is considered; for outer areas, there is a delivery time of up to 5 working days.
c. For international shipments, please check with your sales executive.
d. If your order exceeds € 300.00 before taxes, shipment will be FREE and will be paid by LIGHTMAX SL this promotion applies to the entire peninsular area.
e. For the Balearic Islands, Canary Islands, Ceuta and Melilla, if your order exceeds € 750.00 before taxes, shipment will be FREE and will be paid by LIGHTMAX SL.
f. Upon express customer request, when it requires a special logistics service, such service will be quoted according to the needs required by the customer.
g. All orders placed and confirmed before 2:00 p.m., will depart via parcel on the same day. This does not apply for materials that require assembly, special treatments or cable cuts.
h. The estimated delivery time in LIGHTMAX SL quote and customer's purchase order will be subject to extraordinary events such as natural disasters, closing of communication channels or events unrelated to both parties.
i. The goods are shipped at the customer's expense and risk, even if they are sent by prepaid carriage, LIGHTMAX SL is not responsible for any damages, delays or loss in delivery by the carrier.
6. RETURNS, CANCELLATIONS AND PENALTIES:
a. In case of any claim related to the product or service, the sales executive must be informed within a period of no more than 7 calendar days from the date of receipt of the material. This does not apply to special types of manufacture, assemblies, cable cuts, special purchases and consumables.
b. In case of a TIME LAPSE refund, please, notify the sales executive in advance who will provide the instructions and your RMA number or format. The customer must bear any shipping
LIGHTMAX S.L. - C/Lekunberri No. 4 P.I Arretxe-Ugalde, 20305 Irún,Guipúzcoa, España THE BRAND OF FIBER OPTIC
costs to return the material and comply with the restrictions presented in this document.
c. No refunds will be accepted in the following cases:
• When there is no prior agreement to refund the material between LIGHTMAX SL and the customer.
• If the original package is violated or damaged.
• If the product is damaged or mishandled.
• When the complete material package is not delivered, that is: without the original brochures, instructions, covers, cables, accessories and package of the product.
• In the case of cable cuts.
• In products of special purchase or manufacture.
• The customer shall be entitled to reimbursement when while placing its purchase order, if LIGHTMAX SL, due to lack of stock of the reference number, is not able to provide the customer order that was previously quoted. Only applicable to cash payments.
d. Order cancellations are not accepted unless expressly agreed via email with LIGHTMAX SL.
e. If for some reason, LIGHTMAX SL is not able to complete your order, the customer will be entitled to cancel the order in full or in part.
f. For each cancellation approved by LIGHTMAX SL of the customer's purchase order, the sum paid in cash will remain as a credit balance in the account you may have with LIGHTMAX SL.
g. The customer shall pay the costs for return and reshipment when the material is not collected at a representative office/warehouse or central courier service, considering that the maximum time for keeping any materials at said representative office/warehouse is 15 days.
7. CREDIT:
LIGHTMAX SL has an agreement with COFACE, a risk coverage company, to which risk coverage is requested for all active customers as well as for new ones. In case of risk coverage by COFACE, payments can be made by means of a wire transfer.
In case of Denial of Risk coverage by COFACE, the customer must pay the requested order by bank transfer proceeding to the shipment of the requested material.
a. In order to obtain a credit facility, you must be registered as a customer at LIGHTMAX SL.
b. The customer must send the credit application duly completed, signed and stamped by the legal representative of its company.
c. A prepayment of three purchases for a total value of more than € 500 must have been made within 6 months.
8. RECTIFICATION:
a. In those situations that may present an error in the drafting of your invoice, we ask you to inform us in the same month of the invoice so that we can make the corresponding correction.
9. ON PROMOTIONS:
a. The promotions designed and implemented by LIGHTMAX SL S.L. during the current year are not cumulative with:
• Other promotions,
• Special discounts or prior commercial agreements with our customers.
b. Our promotions will be subject to:
• A lapse of time, validity, start date and end date.
• Stocks of the products that make up the offer.
• Territory, place and established delivery times.
• The conditions established in the means of promotion.
• Exclusively to the products that are advertised in LIGHTMAX SL offer.
c. Our promotions are not applicable to:
• Return and warranty processes.
• LIGHTMAX SL items purchased with other marketing companies.
• When the conditions of the ongoing promotion are not met.
• Countries outside the European Union.
• Special manufacturing products.
• Special assembly products.
• Special purchase products.
• Customers with past due balances in their LIGHTMAX SL S.L account.
10. PAYMENT CONDITIONS:
You can make payments by means of:
a. Wire transfer
Spain, Portugal, Germany and the Netherlands.
Currency: Euro.
Bank: Bankinter
ENTITY: 0128
Branch: 0341
Account no.: 0100021171
IBAN: ES47 0128 0341 6101 0002 1171 BIC/SWIFT: BKBKESMM
Account holder: LIGHTMAX SL S.L. CALLE LEKUNBERRI 4
POL IND ARRETXE-UGALDE
E-20305 IRUN
France
CIC HENDAYE
Devise: Euro
Banque: 10057
Guichet: 19023
N° compte: 00091957001
Clé: 76
IBAN: FR76 1005 7190 2300 0919 5700 176
BIC/SWIFT: CMCIFRPP
Titulaire du compte: SL LIGHTMAX SL
CALLE LEKUNBERRI 4
POL IND ARRETXE-UGALDE
E-20305 IRUN
• These accounts are subject to changes without any prior notice.
11. SPECIFICATIONS:
• Any point not contemplated in the present Terms and Conditions will have to be negotiated in advance with your sales executive and have it defined in writing.
• Unless expressly agreed in writing, other sale conditions will not be accepted, only those indicated in the quote and/or invoice issued by LIGHTMAX SL.
• Commercial conditions valid within and outside the national territory.
• The points not contemplated herein are deemed as omissions, in case of any claims against LIGHTMAX SL or its representatives.
The liability of LIGHTMAX SL SL, its agents and employees for claims arising from compliance or noncompliance with its contractual obligations, shall not exceed the basic invoiced price, and shall not include, in any way, losses resulting from loss of profit, loss of income, capital or activity costs, delays and customer complaints, increased costs, or any special or indirect damages, or losses of any kind.
12. APPLICABLE LAW:
The parties waive any other jurisdiction that they may be entitled to, and they submit themselves to the jurisdiction and competence of the Courts and Tribunals of the city of Irún, province of Guipúzcoa, Spain.
