1. General
These General Terms and Conditions are applicable to all contracts, deliveries and services. We expressly object to all deviating terms and conditions of the contracting party. No collateral agreement to these Terms by any party other than Aurgama shall be valid unless expressly agreed to by Aurgama in a writing signed by a duly authorized officer of Aurgama.
Aurgama shall have the right at any time and within a reasonable period of notice, at its sole discretion, to revise these Terms including all amendments or to impose new terms and conditions. Orders received before the Terms or amendments have been revised shall be treated according to the original version of the General Terms and Conditions.
2. Conclusion of the Contract
The representation of the line of goods posted on Aurgama's websites does not constitute an offer as defined.
The Customer's order by e-mail shall constitute and be deemed to be an offer as defined. On request, Aurgama will acknowledge receipt of the orders by e-mail. If Aurgama realizes belatedly that there is an error on Aurgama's websites e.g. in the specifications of a product, a price or the availability, Aurgama shall immediately inform the Customer. The latter shall then be entitled to acknowledge the order again in accordance with the modified conditions.
The contract shall be entered into upon acceptance by Aurgama of the Customer's order. If Aurgama realizes after conclusion of the contract that the goods or services ordered are no longer available or cannot be delivered for legal reasons, Aurgama may either offer goods or services of a similar quality and price or rescind the contract. The Customer disclaims being sent a declaration of acceptance. If Aurgama is not in a position to accept the Customer's order, the Customer will be informed via e-mail.
In case of purchase orders exceeding a certain amount, Aurgama reserves the right to ask for down payments.
Please note that there may be immaterial variances and technical changes regarding the products represented and described on Aurgama's websites.
3. Terms of Delivery and Payment
Aurgama solely accepts the payment methods respectively indicated to the Customer as valid forms of payment.
The prices indicated on Aurgama's websites are not prices including value added tax applicable on the day of the invoice, cost of shipping and special value added tax applicable in some differents countries. The Spanish VAT amounts to 16% at the moment.
Aurgama reserves the right to ship orders partially provided that it seems appropriate for prompt order processing. The additional charges due to special modes of forwarding on request of the Customer are added to the invoice value.
Shipping will be arranged at the expense of the Customer. The delivery expenses are respectively indicated to the Customer. The risk of transport with regard to all products will pass to the Customer once Aurgama has handed over the goods to the forwarding agent. The term of payment for invoices, except online invoices, is fourteen (14) days unless different terms of payment have been agreed upon in writing. Aurgama reserves the right to claim compensation in damages caused by default.
4. Delivery Time
The shipping of in-stock items will be arranged within 6-9 business days (Monday through Friday excluding public holidays); Aurgama will not be responsible for any loss or damage to the product during shipping. If we do not have the ordered items in stock, we will endeavour to dispatch your goods as soon as possible. In case of delay in performance of deliveries or services caused by any act beyond the reasonable control of Aurgama, including but not limited to acts or omissions of third parties, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, Aurgama is entitled to perform the deliveries or services later within a reasonable period of time. In case of delay in delivery for any other reasons than those mentioned above, the Customer is entitled to fix a reasonable final deadline in writing, and is entitled to rescind the contract in case of non-performance after the deadline has expired. In case of impossibility of performance caused by unavailability of supplies, Aurgama as well as the Customer are entitled to rescind the contract 2 months after the agreed delivery period has expired. Unless Aurgama has caused them on purpose or they are due to gross negligence, claims for damages due to delay, impossibility of performance, or non-performance shall be excluded, even if they have been caused before the declaration of rescission.
5. Right to Rescind the Contract (applicable solely to private Customers)
Due to the Customer's statutory right to rescind, an initial provisionally effective contract comes into existence by the purchase order and its acceptance by Aurgama. Therefore, the Customer may return the goods without stating any reasons within fourteen days after having received the goods. Alternatively, the Customer is entitled to send a written declaration of rescission to Aurgama, without having to state any reasons, within fourteen days after having received the goods. It shall be sufficient if the goods or the declaration are posted on the last day of the time limit. Aurgama shall bear the costs of returning, unless the order value of the delivered goods amounts to up to EUR 50.-. In this latter case, the costs of returning shall be born by the Customer.
6. Passing of the Risk
The risk will pass to the Customer once Aurgama has handed over the goods to the forwarding agent.
7. Warranty
Aurgama warrants that upon passing of the risk, the goods' nature is according to what has been agreed upon and free of defects in materials and workmanship.
The Customer must check the goods immediately upon receipt for possible shortages and shall notify Aurgama in writing within 10 days at the latest after having detected any defects. Aurgama must be informed in writing within 10 days at the latest upon detection of hidden defects within the warranty period.
The warranty is null and void in the event of non-compliance with the above terms. The warranty period shall be a period of two years after the goods are delivered to the Customer. Warranty claims are to be submitted to Aurgama with the defect item and a copy of the invoice. The Customer has to see that sufficient postage has been prepaid.
The warranty does not cover damage caused by wear and tear or arising from normal use. The warranty is null and void in the event of unauthorized alteration or intervention.
During the warranty period, Aurgama shall have the right to be given the opportunity to remedy defects at its own expense. In the case of defective goods, the Customer is entitled to claim at his discretion either the removal of the defective part or delivery of a product which is free of defects. If a defect cannot be repaired within a reasonable period of time, the Customer shall be entitled to claim a price reduction or to rescind the contract.
8. Reservation of Ownership
Aurgama retains ownership of all goods delivered to a Customer until the delivered goods have been paid definitely and in full.
9. Collecting and Use of Personal Information
Customer information is gathered so we can better serve you, and we make every possible effort to ensure its security and to treat your information responsibly. We strive to keep your personal information confidential. We collect and store the information you provide in a secure database. However, you are entitled to have your personal information removed from the databases of Aurgama at any time, if so, please send an email to contact@aurgama.es.
10. Place of Jurisdiction
The place of performance and place of jurisdiction shall be Gerona, where Aurgama is located, if the Customer is a businessman in the sense of the Spanish Commercial Code or a corporation under public law.
This legal relation between Aurgama and Customers as well as the respective Terms and Conditions shall be governed solely and exclusively by Spanish Law.