1. Scope of application
These general conditions will be applicable to any agreement of sale or delivery between the parties, of the Merchandise described as: BAZAAR, BAZAR, MIXED PRODUCT WITH EUROPEAN ORIGIN, MIXED LOT or PALÉS DE BAZAR. Applicable unless the parties have reached another agreement in writing.
On the one hand, Lotestock (Global Trading Stocks SLU) understood as seller of the Merchandise will be called SELLER. On the other hand, the natural or legal person that makes the order will be called BUYER. Finally, the recipient of the Merchandise will be named as RECEIVER.
The offers and budgets made by the Seller will not be binding on it, the sales contract being understood only when the Seller accepts in writing the order previously confirmed by the Buyer.
All prices must be considered as net, Ex-Works, in euros, without any deduction of any kind, unless otherwise agreed. Prices do not include territorial variable taxes or customs costs.
Prices are unique per lot, regardless of the content and quantity of each lot. Any unit price or for any other unit of measure that is not per full lot is merely an informative approximation.
3. Payment methods
Unless written agreement is made, each order will be paid in cash without deduction or compensation.
In special cases where payment is agreed upon after delivery of the material, the agreed payment dates must be met by the Buyer even if the transport or delivery is delayed due to reasons beyond the control of the Seller.
If the Seller considers it appropriate due to the Buyer’s financial position, he may request the necessary guarantees to ensure due compliance with the Buyer’s contractual obligations, and may in the meantime suspend deliveries.
In the case of a partial payment of the Merchandise by the Buyer, in order to make a reservation and thus initiate the cooperation process, the Buyer undertakes to pay the rest of the amount before receiving the Merchandise. In case of canceling an initiated order, the Seller reserves the right to keep the partial or complete payment to amortize the generated costs.
4. Delivery time
The delivery period will start counting as soon as the order is accepted by both parties, the Buyer’s documents have reached the Seller completely and the agreed payments and guarantees are given. The delivery period will be considered complete when the delivery is ready for dispatch in the seller’s shipping department.
The delivery period will be reasonably extended if reasons beyond the control and control of the Seller prevent compliance with the delivery date, allowing partial deliveries.
Likewise, the delivery period can be extended by the decision of the Seller if the Buyer changes the original order or delays its obligations, especially if the Buyer has delayed the delivery of the necessary documents or has delayed the agreed payments.
5. Transportation and Insurance
Unless expressly stated otherwise, the transport of the Merchandise is at the Buyer’s expense and risk. “Shipping” means delivery of the Merchandise to the carrier. The obligations of the Seller are considered complete by this act. The Buyer undertakes to pay the freight at destination or included in the invoice issued by the Seller.
In the event that a type of “Double Cargo” cargo is requested by the Buyer, where part of the Merchandise goes unpalletized, the Buyer understands that pallets are not included in the transport vehicle in order to optimize the space. The Buyer also understands that the Merchandise extracted from the original pallets, no longer has the possibility of return or replacement, since the nature of the Merchandise does not allow to quote items once extracted from their packages. Dismantled pallets are considered as broken products without possible return.
It is the Buyer’s responsibility to insure the Merchandise, or not, with some type of premium that extends the basic insurance used by the transport agency contracted in each case. This must be specified by the Buyer, in case of interest.
Within 24 hours after delivery, the Buyer / Receiver will notify the Seller and the transport agency of any damage, loss or missing products, if any. As well as if the Receiver does not receive the products on the agreed delivery date, he must notify the transport agency within 24 hours of said date.
The Seller denies all responsibility in the transport and the Buyer renounces his rights of indemnification before the Seller by virtue of the present clause. The Seller may accept the claim management as long as the Buyer / Receiver information is sufficient to allow the Seller to submit a valid claim on behalf of the buyer against the transportation agency of the products because of such damage, loss or missing.
6. Acceptance of merchandise
The Purchaser will review and carry out the recognition of the items received, in terms of quality and quantity, in the act of delivery. Once the recognition of the items has been reviewed and practiced, they will be considered accepted by the Buyer, renouncing any claim. Likewise, the Buyer will have a period of 10 days to report how many hidden defects or defects are presented in the items, after which the Buyer will lose all action and right to claim for this cause against the Seller.
7. Photos and merchandise
The photos / videos are examples and approximate guides of the possible appearance of the Merchandise. With the sole purpose of serving as a minimum visual assistance of the description of the Merchandise.
The photos / videos of the Merchandise seen in any medium or received by any means, are not binding or can be interpreted as a description of the Merchandise to be received.
The Seller’s commitment is to provide pallets that include products of European origin. The seller does not have the possibility or responsibility to provide a list of items contained within the Merchandise.
All deficiencies beyond its control are excluded from the guarantee and responsibility of the Seller, especially if it is as a result of normal wear and tear, false information by the Buyer, improper maintenance, failures in the application of the operating instructions, use of any material inappropriate, influence of a chemical or electrolytic action, misuse or abusive use of the product, damage during transport etc. The consequences of extraordinary non-quantifiable efforts due to their use in competition are also excluded from the guarantee.
In the case of “double load”, at the Buyer’s request, the affected pallets will not be covered by any guarantee. The “double load” implies extracting the products from the pallets to optimize the transport space. Pallets with extracted products will be considered as broken, so they will not be covered by any responsibility on the part of the Seller.
The seller will not accept any claim when the Merchandise has been submitted after delivery.
9. Merchandise ownership
The Merchandise, even if processed or used by the Buyer, will be considered the property of the Seller as long as the payment of the same has not been completed.
If during the preparation of the order there are breaches or delays in payments by the buyer, or the solvency of the same is publicly questioned, the Seller may suspend or cancel the order, being exempt from liability to the buyer or third parties.
The seller will also be exempted from liability in the event that circumstances of force majeure prevent the execution of the order.
11. Case law
Both parties agree that the only competent courts to settle any dispute will be those of the Seller’s domicile.