TERMS & CONDITIONS

1- SCOPE OF APPLICATION.

These Terms and Conditions are applicable to all sales or services, made or lent by YOFI SUN, SL. These conditions will prevail over any others, and YOFI SUN, SL reserves the right to modify them, always in writing. Your order constitutes your acceptance of these Terms and Conditions. The conditions of sale are Incoterms 2000: EXW. The registered office of YOFI SUN, SL is Paseo General Martínez Campos, Num. 49, Planta 6, 28010 MADRID (Madrid) Spain.

 

2- ORDER/CONTRACT.

Orders shall be made in writing, by email or fax and shall only be binding when accepted by YOFI SUN, SL by means of order confirmation by any of the means of communication described above. You must check the order confirmation received and notify us immediately in writing of any errors within 48 days of receipt of the confirmation; otherwise, the product description and the characteristics and/or technical specifications detailed in the order confirmation sent by YOFI SUN, SL shall be considered valid and the order shall be confirmed.

 

3- PRICE AND PAYMENT CONDITIONS.

Quotations or economic offers will only be valid when they are detailed in writing and for the period expressly indicated therein. If no deadline is established, a maximum period of 7 days will be considered, with no possibility of extension. The price of the product and the terms and conditions of payment will be defined in the confirmation of each order. In the event that, for reasons beyond the control of YOFI SUN, SL, such as variations in exchange rates, tariffs, insurance and other production costs (including those of components and services), the price has to be changed, YOFI SUN, SL, reserves the right to make an adjustment to the final quotation. Payment will be formalized at the time of placing the order, or, where applicable, as provided for in the conditions established in the order confirmation. YOFI SUN, SL may suspend the delivery of the goods or services until the total price has been fully satisfied. In the event of late payment, all costs incurred will be charged to the final price and interest on arrears of 1% per month will be applied on the amount owed or remaining to be paid at that time, from the due date of payment until full payment. YOFI SUN, SL, before sending the goods or providing a service, reserves the right to certify the approval of the means of payment by the corresponding entities, for as long as necessary. In the event of total or partial non-payment by the agreed due date, YOFI SUN, SL, may suspend or cancel any shipment or pending Contract, without incurring any liability for any damages or losses, including loss of profits, or damages due to delay or loss of production caused. Under no circumstances will the aforementioned power exempt the Customer from its contractual obligations regarding payments due and receipt of products. If the customer habitually resides outside the European Community and wishes to make a tax exemption effective, he/she must send to the registered office of YOFI SUN, SL with whom he/she will carry out a commercial transaction a photocopy of the invoice and proof of address abroad with his/her Taxpayer Number, once the package has been received. Once the invoice reaches customs, the user must send it together with the bank details in order to proceed with the tax refund.

 

4- DELIVERY/TITLE/RISK.

The goods will be delivered within the period indicated and within the period provided in the order confirmation. Deliveries may be made in parts. Delivery will be deemed to have been made at the time YOFI SUN, SL makes the products available to you and you have signed the delivery receipt document. We inform you that it is your responsibility to check the condition of the products upon receipt, establishing, where appropriate, any reservations and claims that may be justified in the delivery receipt document. If you refuse delivery of the goods without the approval of YOFI SUN, SL, the resulting costs and/or damages will be borne by you.

including storage, until removal. YOFI SUN, SL shall not be liable for failure to comply with its obligations when this is due to events that could not have been foreseen, or that, if foreseen, were unavoidable, or impediments beyond its control (both in cases of force majeure and unforeseeable circumstances), including, but not limited to, acts of the Government or Administration, strikes, lockouts, civil unrest, earthquakes and any other natural disasters, lack or impossibility of obtaining raw materials, supplies or equipment, lack of operation of facilities, etc. The goods supplied, without prejudice to the fact that their direct possession has already been transferred to the Customer, shall remain the property of YOFI SUN, SL until the full price has been paid. You may not pledge or assign as collateral to third parties, whether as real or personal guarantee, by any means, the goods until they have been paid in full. Until this occurs, you must keep the goods in good condition and identify them, if applicable, as the property of YOFI SUN, SL. The exercise of the reservation of title does not imply the waiver of the right to demand the execution of the contract or compensation for damages.

 

5- ACCEPTANCE.

You must inspect the product immediately after delivery within 48 days. Hours, for inspection and to make the corresponding reservations. After this period, it will be considered that you have successfully accepted the product. In the event that you have to return a product, for justified reasons and have informed YOFI SUN, SL, you must do so in its original condition, with its packaging, return note and proof of purchase. The return costs will be at your expense, unless there is a justification for the return in terms of the product warranty included in the package.

 

6- WARRANTIES.

You will use the goods in accordance with the manufacturer's user manual and instructions. Accordingly, YOFI SUN, SL will not be responsible for any damage caused to the goods, or to third parties, due to incorrect handling, arising from failure to comply with the instructions contained in the user manual or in the Safety Regulations of the goods. YOFI SUN, SL is not responsible for incorrect installation or breakdown. If the product(s) supplied are defective during the warranty period stipulated by the manufacturer, YOFI SUN, SL will assist in all necessary communications with the supplier or manufacturer of the product for repair or replacement within a reasonable time. You will allow YOFI SUN, SL or third parties exclusively defined by YOFI SUN, SL to examine, at our discretion, the product at your location or at the indicated facilities. YOFI SUN, SL is the owner of the replaced and spare parts. YOFI SUN, SL will give the necessary attention to resolve the problems within an appropriate period of time according to the circumstances.

 

YOFI SUN, SL does not guarantee or accept responsibility for:

 

1. Damage caused by improper installation, use, modification or repair by unauthorized third parties or by yourself;

 

2. Damage caused by any person or other external force;

 

3. Suitability of the product for a specific purpose, purpose or use;

 

4. Any instruction given by you and correctly executed by YOFI SUN, SL;

 

5. Lack of response or attention from the supplier or manufacturer of the product;

 

6. Transport or repair costs invoiced by the manufacturer/supplier.

 

The liability of YOFI SUN, SL for any breach of this warranty, its service commitments, or for any other reason, shall in no case exceed the price of the product indicated in the order confirmation. The warranty only covers labor and defective parts, thus determining a limitation on the liability of YOFI SUN, SL, not being responsible for the replacement of consumables and abnormal use of the products, for faults in accessories, for damage caused by causes external to the device and for deterioration caused by adaptations or adjustments. The guarantee will be invalid in the following circumstances: Shocks, accidents and/or improper transport, handling by personnel other than the technical service recommended by YOFI SUN, SL, or manipulation of any seal or identification/control label, failure or negligence by you or any technician or third party, or normal wear and tear from use, damage due to natural phenomena or catastrophes such as storms, In the event of floods, lightning, earthquakes, fires, insolvency of the supplier or manufacturer of the product, etc., the guarantee will also not work in the event that the serial number of the product has been modified.

 

7- SERVICES.

The services, when agreed, will be provided by YOFI SUN, SL. Response time estimates are taken into account and may vary depending on the location/location or accessibility of the product. The service may be provided by telephone or internet, depending on the characteristics and circumstances. If agreed and indicated in the order confirmation, the service offer may include advice, training and/or consultation. Unless expressly provided for in the order confirmation, the service does not include: items excluded from the warranty, configuration changes, repositioning, preventive maintenance, work that according to YOFI SUN, SL, is not necessary, issues related to the electrical environment. Repairs of third party products will be carried out under the manufacturer's or licensor's warranty. Spare parts that are not critical to the function of the product cannot be replaced within the term of the service offer. Transport from our warehouse(s) to the place designated by the buyer, as well as transport insurance, are at the buyer's expense. YOFI SUN, SL's liability does not include damage or loss caused by or during such transport.

 

8- EXPORT CONTROL.

The product may include technology and software subject to applicable export control laws of the United States and/or the country in which the product is delivered or used, which must be complied with by you. The product may not be sold, leased or transferred to end users or countries that are restricted by such laws or users involved in weapons of mass destruction or genocide. US restrictions often vary depending on the product, so you should consult the applicable US regulations on a case-by-case basis. Once this notice has been given, YOFI SUN, SL will be exempt from any liability, and you and the final purchaser will be solely and jointly liable for any eventuality that may arise and will be responsible for any damages that may arise.

 

9- FORCE MAJEURE.

We are not responsible for delays (including of deliveries or services) caused by circumstances beyond our reasonable control and shall be entitled to an extension of time for their performance; examples include, but are not limited to, strikes, transport, supply or production problems, exchange rate fluctuations, government action and natural disasters. If the cause lasts for more than 2 months, this agreement may be terminated by either party without compensation.

 

 

10- CONFIDENTIALITY.

The parties will treat all information and documents received or issued by any means and referring, directly or indirectly, to this transaction as “confidential”, without the possibility of using it for other purposes, but only the satisfaction and fulfillment of the object of this contract.

 

11- RESOLUTION.

YOFI SUN, SL may terminate this Agreement upon prior written notice, for any of the causes established in the civil code of the country of origin and headquarters of YOFI SUN, SL's company and if: 1) the price is not paid on time, for which the parties expressly agree that the total or partial non-payment will result in the automatic termination of the Agreement without the possibility of any claim by the infringer; 2) You violate or YOFI SUN, SL suspects that you have violated export control laws. Either party may terminate this Agreement if the other: (1) materially and persistently breaches this Agreement and fails to remedy such breach within 30 days after being requested in writing to do so; or 2) is declared in judicial recovery, bankrupt or unable to pay its debts by the due date. A contracting party that has faithfully performed its obligations as agreed may choose to demand performance of the obligations acquired by the counterparty, or request termination of the agreement and claim compensation.

 

12- CUSTOMER OBLIGATIONS.

You will be responsible for:

1. Your primary obligation will be to pay the price of the product in accordance with the terms and conditions and

agreed conditions.

1. You are responsible for the product and its suitability for a specific purpose or purpose; as well as you must cover your telephone and postage expenses, if applicable, to contact YOFI SUN, SL.
2. You will address our employees with due courtesy, demonstrating the habits required of a good merchant, as established in the Commercial Code, thus providing all the necessary information and cooperating with YOFI SUN, SL to enable it to faithfully fulfill its commitments.

 

13- DATA PROTECTION.

YOFI SUN, SL is expressly authorized to use the Customer's data in relation to the commercial relationship and to be subject to computer processing, without prejudice to the right of access, cancellation or rectification that may be exercised by the Customer at any time and by any means, at the address of YOFI SUN, SL. Personal data will be used exclusively for the fulfilment of orders and for the fulfilment of the object and purposes of this contract. The subsequent use of this data for advertising purposes without your express consent is prohibited. In accordance with the Data Protection Law, the registration of this data in our system must be subject to a declaration to the Data Protection Agency of the country of origin and headquarters of YOFI SUN, SL.

 

14- CONSUMER RIGHTS:

If you are a Consumer, nothing in this contract will in any way affect the provisions of public order regarding consumer rights.

 

15- COMPETENCE.

These terms will be governed by the law of the country of origin and headquarters of YOFI SUN,SL. For the resolution of any doubts, discrepancies or divergences that may arise in the execution and interpretation of this Agreement, the parties submit to the Courts of the city of Madrid (Spain), waiving any others that may be applicable to them.

 

16- MISCELLANEOUS.

If any provision of this Agreement is declared invalid or unenforceable by one party, the remaining provisions will not be affected. You may subcontract your obligations to third parties. Neither party may assign or transfer any obligations or rights. Notices must be in writing (by hand, email, fax or certified mail) and sent to the legal representative of the other party.