GENERAL CONDITIONS OF SALE
Version 004 – 12/2023
1. GENERAL.
These General Conditions of Sale (the “Conditions”) shall be valid and applicable to orders placed through e-commerce platforms on which we are present, and are recognised by the person placing the order (the “BUYER” or, indistinctly, the “CUSTOMER” or “YOU”) as binding, both for this contract and for all future commercial relations with EMMI NETWORK, SL (hereinafter EMMI), CIF B96793351, with address at C/ Dels Furs, nro. 50, 46701 Gandía, Valencia and registration details: (Valencia Companies Register) Volume 6254, Book 3559, Folio 122, Section 8, Page V-64042, Entry No. 1. When we refer to the PURCHASER/CLIENT and EMMI indistinctly, we will call them the “Parties” or the “Party”.
These Conditions are understood to be accepted by the CUSTOMER by the mere fact of placing an order with EMMI, and from that moment onwards the CUSTOMER is bound by them. Acceptance of these Conditions implies that the CUSTOMER declares and acknowledges that it has full capacity to be bound by virtue of the same, declaring that it is of legal age with sufficient capacity, in the case of a natural person, or a legal representative with sufficient powers of the legal person placing the order.
In the event that the CLIENT is a businessman or professional who acts, either directly or through another person on his behalf or following his instructions, solely and exclusively for a purpose related to his trade, business, trade or profession, i.e. who does not hold the status of consumer or user, even if he is a natural person or non-profit entity, the GENERAL CONDITIONS OF SALE FOR PROFESSIONAL CLIENTS (B2B) shall apply to him, which shall prevail over the provisions of these Conditions, which have a more general scope.
These Conditions together with, where appropriate, the specific conditions that may be agreed with the CUSTOMER, constitute the contract with EMMI (the “Contract”) and to both these general Conditions and the specific agreements that may be reached, which in any case must be formalised in writing with the express acceptance of EMMI, the Parties submit themselves with regard to the regulation of their legal relationship of a commercial nature, without prejudice to any mandatory regulations that may be applicable.
EMMI may make any modifications and/or updates it deems appropriate to these Conditions due to technical, business or simple improvement circumstances, these modifications being published in the same form in which these Conditions appear or, at EMMI’s discretion, by means of a communication. In any case, the CUSTOMER shall be deemed to have expressly accepted the modifications or updates if he/she places a new order, and must read them periodically, with those in force at the time of placing an order being applicable.
These Conditions shall be drawn up in Spanish and, additionally, in English or in such other languages as EMMI may consider, but in the event of any discrepancy, the Spanish language version shall be the only authentic and applicable version between the Parties, prevailing over any other language.
All references in these Terms and Conditions to days shall, unless otherwise stated, be deemed to refer to business days according to the calendar of EMMI’s registered office.
All offers, acceptances or orders and deliveries made by EMMI shall be understood to be made under these Conditions, which replace any others incorporated by the PURCHASER in any negotiation or order, and the PURCHASER waives the right to assert its own conditions of purchase, which neither by EMMI’s silence nor by acceptance of an order or supply shall become the content of the Contract. No modification, alteration or agreement contrary to what is stipulated herein shall have effect unless expressly stated in an express written agreement signed by EMMI.
No contract for the sale or supply of products shall be deemed to be concluded until EMMI accepts the order in writing, or in the absence of acceptance, until the delivery of the products or provision of the service requested in accordance with the order. Contracts entered into electronically shall be deemed to produce all the effects provided for by the legal system, so that EMMI shall be deemed to accept the order in writing if it issues its confirmation by e-mail (in this case, the non-receipt or record of the e-mail sent by EMMI as a result of the configuration of the CUSTOMER’s inbox – junk mail or spam – shall be the responsibility of the latter) or other telematic means. Orders may not be cancelled once they have been accepted or served, unless accepted in writing by EMMI, and the PURCHASER shall be obliged to compensate EMMI for all expenses and damages (including loss of profit) incurred.
EMMI reserves the right to modify the specifications of the products with respect to the information provided. In the event that, for any reason, the possibility of supplying the products offered should be affected, these may be replaced by others with the same or similar characteristics or specifications. The PURCHASER must check the price list and the specifications of the products in force at any given time before placing an order through our sales department or through the websites.
The PURCHASER must verify any changes regarding availability, delivery times, specifications and characteristics of the products, services, prices and special offers, which may vary without prior notice. EMMI shall not be held liable for any errors or omissions in the content of the website, and shall only be bound by the data included in the corresponding order confirmation.
The assignment of the rights and obligations of the Contract shall require the written consent of EMMI. EMMI may assign the rights and obligations of ongoing commercial operations to companies in its group or to third parties, subject to prior written notice to the BUYER.
The possible nullity, total or partial, of any of the General or Particular Conditions shall not affect the validity of the Contract itself, and the will of the Parties shall be integrated with respect to the null clause, and the rest of the Conditions shall be fully applicable.
2. FULFILMENT OF YOUR ORDER.
You must be of legal age and have full capacity to act in order to be able to make a purchase through the online platforms where we are present.
It is essential that you provide us with at least a contact telephone number – mobile or landline – and an email address when registering. At the time of purchase, it will also be mandatory to identify yourself by means of your ID card number or equivalent official document according to your nationality.
The means of contact that we will use to send you notifications about your order will be mainly by e- mail, although we may sometimes also use the telephone, which you will have previously provided us with when you completed your registration on our website.
These conditions of use and purchase are valid exclusively for purchases made in the territory of Spain and Portugal; shipments to the Canary Islands, Ceuta and Melilla are excluded.
Upon acceptance of your order by EMMI, we will send you an email with the order confirmation. All items offered by EMMI are subject to availability. If acceptance is not possible, we will contact you to inform you.
The characteristics and specifications of the products are those determined and provided by the manufacturer in the corresponding technical documentation, user manuals or in the product itself, so EMMI is not responsible for any modifications and improvements made by the manufacturer of the product, except in the case of products designed and manufactured by EMMI. The provisions of this Condition, and EMMI’s product liability in general, apply both to (i) products manufactured by third parties under third party brands and (ii) products manufactured by third parties under EMMI’s own brands.
The placing of the order implies the knowledge by the BUYER of the characteristics and specifications of the product he/she is purchasing, having had the possibility of being informed adequately and with the necessary advance notice of the same.
3. AVAILABILITY.
EMMI will use its best endeavours to satisfy all its customers’ demand for the products, but all orders for products are subject to availability and in this regard, if therearedifficulties in supply, or if there are no items in stock, we reserve the right to provide you with information about substitute products of similar quality and value. If you do not wish to order such substitute products, we will refund any monies you
may have paid.
4. DELIVERY.
4.1 Conditions of Delivery.
EMMI undertakes to deliver the products in perfect condition and to the delivery address indicated by the CUSTOMER on the order form. The CUSTOMER may request delivery of the goods to another address and/or to another natural person other than the one who subscribed to the order, provided that the delivery address is located in the territory of Spain or Portugal (excluding the Canary Islands, Ceuta and Melilla).
Orders will not be delivered to PO boxes.
No products will be delivered to our premises, as deliveries are made from logistic warehouses.
EMMI may modify the type of shipment and the carrier by which it is sent, provided that this does not entail any obvious detriment to the CUSTOMER. The CUSTOMER will be informed of the carrier to be used and of the specific delivery times in the event that the weight or dimensions of the order exceed the maximums established by the usual carrier. The CUSTOMER must indicate an address to which the order can be delivered during normal working hours. The CUSTOMER shall check that his contact details and address are correct and complete, and that his name appears on the letter box and/or the bell and/or the intercom before accepting the order.
EMMI reserves the right to vary the type of shipment and the carrier by which it is sent, provided that this does not entail any obvious detriment to the CLIENT. In general, when the weight or dimensions of the order exceed the maximums established by the usual carrier, we will contact you to inform you of the carrier to be used and the specific deadlines in that case.
The shipping costs of the items purchased will be reflected in the final moment of the purchase and will depend on the method chosen and also on the place of destination. These conditions may be modified according to the criteria of the sending courier company.
For the purposes of these Conditions, “delivery” shall be deemed to have occurred or the product(s) to have been “delivered” at the time of signing for receipt of the product(s) at the agreed delivery address.
4.2. Delivery deadlines:
The order preparation time will normally be 24 hours. As a general rule, deliveries will be made on the same day as the order, only if the order is placed and payment is made before 09:00 am.
Delivery times depend on the selected carrier. In general the delivery time is between 24/48 hours within Spain (Peninsula) after the preparation of the shipment. If it were necessary to modify these conditions due to the special nature of the order, we would contact the PURCHASER to inform him/her of the specific delivery times.
EMMI may make delivery before the agreed date, as well as, where appropriate, make partial deliveries if it deems appropriate, which will result in delivery, transfer of risk and accrual of the price in respect of such partial delivery.
If for any reason we are unable to meet the estimated delivery date, we will inform you of this circumstance and give you the option to go ahead with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. It should be noted in either case that, as a general rule, deliveries will not be made on Saturdays, Sundays or public holidays depending on the calendar of the place of delivery and EMMI’s address.
4.3. Undeliverability.
We reserve the right to withdraw any Product from our website at any time and/or to remove or modify any material or content on our website. Although we will do our best to always process all orders, there may be exceptional circumstances that require us to refuse to process any order after we have sent the Order Confirmation, and we reserve the right to do so at any time, at our sole discretion.
We shall not be liable to you or to any third party for removing any product from any platform on which we are present, whether or not such product has been sold, removing or modifying any material or content on the Website, or for refusing to process an order once we have sent you an Order Confirmation.
EMMI shall not be liable for failure to perform any of its obligations when such failure is due to impediments beyond its control or events which could not have been foreseen or which, if foreseen, were unavoidable, as well as in the case of acts of any administrative authorities; strikes by its own or third parties; lockouts; civil disturbances; earthquakes and any other natural disasters; pandemics or health crises and the measures adopted by the competent authorities for their containment or eradication; lack or impossibility of obtaining raw materials, supplies or equipment from manufacturers or suppliers; or failure of the functioning of installations or communications (including, but not limited to, problems in the computer network, breakdown or malfunction of the telephone, electricity or Internet networks, etc.).). In such a case, EMMI shall notify the BUYER of the impediment, shall be exempt from the fulfilment of its obligations and from any liability for damages or any other contractual or legal penalty, although it shall take the necessary measures to be able to continue with the fulfilment of the Contract as soon as possible, keeping the BUYER regularly informed of thesituation. The period of interruption caused by the aforementioned causes shall not be considered a breach of the Contract.
Except as provided for in these Conditions, EMMI shall not be liable for any damages that may result from the delay or non-delivery of the goods, in particular for loss of profit or any damage or loss resulting from the delay incurred by the PURCHASER.
5. PRICE.
The prices shown include VAT, applicable on the day of the order, but exclude shipping costs, which will be added to the total amount due as set out below:
The price of the products shall be the price shown on the website. The price is expressed inclusive of taxes in force at the date of acceptance of the offer. The price must be paid in full at the time of purchase.
EMMI reserves the right to modify sales prices at any time, but items will be invoiced on the basis of the rates in force at the time the order is registered subject to availability on that date.
6. PAYMENT.
6.1. Payment Methods.
Orders may be paid for using the following methods:
- Payment by credit or debit card. We reserve the right NOT to accept certain payments with certain credit
- Payment with PayPal account.
- Payment by bank
EMMI reserves the right to change the payment methods, and may create new ones or eliminate any of the existing ones, without the CLIENT being able to make any claims for this reason. However, if the change in the payment method affects an order already placed, we will contacthe CUSTOMER to inform them of the change, offering them the option to cancel the order if they deem it appropriate.
6.2. Payment by credit/debit card.
The charge is made online, that is to say, in real time, through the payment gateway of the corresponding financial institution and once it has been verified that the data communicated are correct.
In order to provide maximum security for the payment system, we use secure payment systems from leading financial institutions in e-commerce.
In this regard, confidential data is transmitted directly and in encrypted form (SSL) to thecorresponding financial institution. The SSL encryption system we use makes the transmission of data over the network completely secure. Your data is completely confidential and protected.
Credit card details are not recorded in any of our databases. These data will only be used in the virtual POS (Point of Sale Terminal) of our financial institution, through its Secure Payment Gateway.
Credit cards will be subject to checks and authorisations by the credit card issuer, but if the credit card issuer does not authorise payment, we will not be liable for any delay or non-delivery and we will not be able to enter into any Contract with you.
EMMI reserves the right to verify the personal data supplied by the CUSTOMER and to take the
measures it deems appropriate (including cancellation of the order) to ensure that the goods purchased are delivered in accordance with the data contained in the order.
6.3. Payment by bank transfer.
If this is the chosen method of payment, the obligation to ship and deliver the product shall be suspended until EMMI has irrevocably collected the full price upon receipt of the product in its account.
7. RETURNS POLICY
- For breakage/defect of the product during shipment:
In the event of receiving a product damaged during transport, the customer has 48 hours to make a claim from receipt of the shipment of the order through their customer account and provide all the documentation indicated below:
- Detailed description of what happened indicating anything that helps to clarify the facts and demonstrate the failure of the courier service to cause the breakage/defect of the
- Photographs clearly identifying the damage to the
- Photographs of the packaging where the “damage/damage/breakage” can be clearly This field is very important because, if the carrier’s responsibility is not clearly shown, the claim may not be considered. It is recommended that, if you notice any damage to the packaging of your order, upon receipt, the CUSTOMER should put a note on the delivery note of the carrier to record it (this will facilitate the management of any subsequent claim).
- Photographs of the carrier’s label showing in addition the entirety of the product on which the claim is
Please note that any notification that is incomplete or made by other means will not be considered and its date of notification will not be valid for the purpose of a subsequent claim in the correct means.
- Due to Order Failure/Shipping Error:
When it has been detected that a product has NOT been received in the shipment, the product differs from what was ordered or does not comply with the characteristics requested and which appear on the website, the Customer has a period of 24 hours from the receipt of the same to notify the failure/shipping error through their account indicating:
- Detailed description of what happened, indicating anything that helps to clarify the facts and demonstrate the incident of the
- Photographs to help identify the incident. Examples: photographs/screenshots to demonstrate faults in the description of the WEB/product; in the case of non-receipt of a product, take photographs identifying the order with all the products received positioned as they were received, with their fillings if any and inside their corresponding box… This field is very important since in case of lack of evidence the claim may not be
Once the incident has been resolved in favour of the customer, EMMI will bear the cost of collecting the wrong product and delivering the correct one or sending the material directly, depending on the type of claim. If there is no stock, EMMI NETWORK SL may proceed to refund the amount of the article and the shipping costs.
Please return the item using its original packaging in addition to any instructions, documentation and other items that may have originally accompanied the item. In the event that original packaging or plastic seals are opened, it shall be at EMMI’s option to return or exchange the product and EMMI will protect the intellectual property rights of the manufacturer and/or EMMI in any manner it deems appropriate.
Once we have received the goods to be returned, we will carefully examine the returned product and we will inform you by e-mail within a reasonable period of time whether the product can be returned or replaced (if applicable). The return or replacement of the item will be made as soon as possible and, in any case, within 15 days from the date on which we send you an e-mail confirming the return or replacement of the non-conforming item.
In the event that the product(s) cannot be replaced, the amounts paid for those products that are returned because of a defect or defect, where it actually exists, will be refunded to you in full, including the delivery costs incurred to deliver the item to you and the costs incurred by you in returning the item to us.
Partial returns and partial cancellations will give rise to partial refunds of the total amount paid for the entire order. Transport and reimbursement costs will not be refunded in the case of partial returns.
The refund will be made to the same credit card, PayPal account or bank account that was used to pay for the purchase.
If you have any questions, you can contact us through our email emmi@emminet.es.
The rights recognised by the legislation in force, as detailed in clause 10 of these Conditions, remain unaffected.
8. GUARANTEE OF THE PRODUCTS PURCHASED.
EMMI shall be liable for any lack of conformity that occurs within the deadlines established in the consumer and user protection legislation in force at any given time, in the terms set out therein.
In the event that the product is not in conformity, the CUSTOMER shall notify us as soon as possible after becoming aware of it, by sending an email to emmi@emminet.es with their details, the number of their purchase invoice and the anomaly detected. Likewise, the CUSTOMER may request the non- conformity through the channels enabled by each of the marketplaces where the CUSTOMER made the purchase.
The item to be returned must be correctly packaged for its return. The packaging must be in perfect condition and retain all its original accessories and instructions in order to be returned. The instructions for the correct use and installation of the product, as well as the warranty documentation included by the manufacturers, must be read by the PURCHASER.
The guarantee shall become invalid in the event of defects or damage caused by external factors, accidents, in particular electrical accidents, wear and tear, installation and use not in accordance with the Supplier’s instructions.
Products modified or repaired by the CUSTOMER or any other person not authorised by the supplier are also excluded from the warranty.
For any questions or requests for information, you can contact Customer Service by e-mail at emmi@emminet.es.
8.1. Non-conformity procedure.
The customer must contact us through their account.
If everything is correct, the collection will be managed, the product will be received in our warehouses and its condition will be checked by the technical service to determine that it is really in poor condition due to a manufacturing defect. In this sense, EMMI will proceed with the repair/exchange and will assume the shipping costs both there and back.
On the other hand, if the product is in perfect condition, the customer shall bear the cost of returning and resending the material (See EMMI shipping rates). Whenever possible and in order to avoid incurring unnecessary costs for the customer, the goods may be sent with the PURCHASER’s next order.
We recommend that before processing the return, you make sure to carry out the relevant tests to check that the product really does not work, because if on receiving the product it works correctly and the reason for the return is due to your lack of knowledge to use the product, the PURCHASER will assume all shipping costs, both there and back.
9. LIABILITY AND EXEMPTION FROM LIABILITY.
The photographs and texts reproduced which present the products offered are for information purposes only.
EMMI’s liability in respect of any product purchased shall in any event be strictly limited to the purchase price of such product and shall not be engaged for simple errors or omissions which may have occurred, where all reasonable care has been taken in the presentation of the products.
EMMI may not be held liable for any damage, whatever its nature, whether material, non-material or bodily, which may result from improper operation or use of the products marketed, not attributable to EMMI or, in general, from any legal or contractual breach attributable to the PURCHASER. The same applies to any modifications made to the products by suppliers.
EMMI shall not be held liable by a customer or a third party for indirect damage, operating loss or loss of profit occurring by any means whatsoever, even if such damage, loss or loss was foreseeable by EMMI or if the possibility of such damage, loss or loss had been brought to its attention.
Subject to the preceding paragraphs, EMMI’s liability under these general terms and conditions shall not exceed an amount equal to the sums paid following the transaction giving rise to such liability, whatever the cause or form of the action in question.
EMMI shall not be held liable for non-performance of the contract in the event of stock shortage or
unavailability of the product, force majeure, – as defined in these Conditions, – interruption of activity or total or partial strike, in particular of postal services and means of transport or communications, flood or fire. The provisions of these Conditions, including the above limitations of liability, shall not affect your rights under the law applicable to you according to your residence as a consumer, nor your right to withdraw from the contract. In the event of a dispute, the Customer may first contact EMMI in order to reach an amicable settlement.
These General Conditions are governed by Spanish common law. The Parties submit, at their choice, to the courts and tribunals of the city of VALENCIA (Spain) for the resolution of conflicts and with waiver of any other jurisdiction, unless they have a specific jurisdiction recognised by the application of mandatory legal provisions.
10. RIGHTS OF THE BUYER AS A CONSUMER.
The PURCHASER consents to and authorises EMMI to issue, send and receive invoices in electronic or digital format via the email address provided by downloading them from the online platforms on which we are present. The PURCHASER may revoke this authorisation by sending an e-mail to the address given in EMMI’s contact details at the beginning of these Conditions.
Right of withdrawal. – EMMI acknowledges the PURCHASER’s right of withdrawal. EMMI acknowledges the right to withdraw from the Contract within 14 calendar days from receipt of the goods or from the conclusion of the Contract if the object of the Contract is the provision of services. EMMI does not assume ownership of the returned product until it has been received at its facilities and, in any case, the PURCHASER shall be responsible for paying the return costs arising from the shipment of the product. The PURCHASER shall be responsible for any diminished value of the goods returned due to their handling, except when such handling is strictly necessary to ascertain the nature, characteristics and functioning of the items. The right of withdrawal does not apply to: (i) goods made to the PURCHASER’s specifications or customised, as well as goods which, as a result of their installation, have been inseparably mixed with other goods; (ii) a service, if EMMI had initiated its provision with the PURCHASER’s acceptance; (iii) services where the consumer has specifically requested EMMI to carry out urgent repair or maintenance operations; and, (iii) digital content which had not been delivered on a material support and in those cases where the material support on which such content is contained has been unsealed.
Legal guarantee of conformity. EMMI undertakes for a period of 3 years, or the shorter period recognised by the applicable legislation, for example 1 year for second-hand products or 2 years in the case of digital content or services, starting from delivery, and provided that the subjective and objective requirements set out in the applicable regulations are met, to respond to any lack of conformity that the BUYER has expressed, and EMMI may, free of charge for the BUYER, repair, replace the product, make a price reduction or refund the amount, as appropriate in each case. The PURCHASER must inform EMMI of its non-conformity within a maximum period of 2 months of becoming aware of it, in which case EMMI will assess the specific case and inform the PURCHASER as soon as possible.
11. USE OF THE BUYER’S DATA.
The personal data included in the Contract or collected throughout the duration of the contractual relationship will be collected and processed by EMMI, whose address for these purposes is that shown in our Legal Notice, for the purpose of properly managing the contractual relationship established between the Parties within the framework of the Contract.
The legal basis that legitimises the processing of the data is: (i) The existence of a legal relationship or contract; (ii) The legitimate interest in carrying out an adequate management and relationship between the Parties (which makes it necessary to process the data of representatives, signatories, contact persons for an adequate control and monitoring of the obligations and rights acquired as a result of this agreement).
The data will be processed by the commercial, financial and accounting areas of EMMI, as well as by the departments that manage or authorise the Contract and the subsequent fulfilment of the obligations contained therein. EMMI, as data controller, will store the data for the duration of the contractual relationship between the Parties, and for an additional period of six years after the end of the contractual relationship, in compliance with article 30 of the Commercial Code, which may be extended in certain cases in accordance with EMMI’s data retention policy.
EMMI may disclose personal data to: (i) other companies in its group, for commercial, administrative
and management purposes; and, (ii) companies with which EMMI has entered into, or with which it enters into, distribution, manufacturing or commercial collaboration agreements that make such disclosure necessary.
EMMI may need to communicate personal data to: (i) other companies in its group, for administrative and management purposes; and (ii) to companies with which EMMI has signed, or with which it signs, distribution, manufacturing or commercial collaboration contracts that make communication necessary. In all cases, EMMI has signed the mandatory data processor contracts. If you would like information about these companies, please contact us at emmi@emminet.es.
Interested parties have the right to access, rectify, cancel, delete and oppose the processing of their data, as well as to exercise the rest of the rights recognised in the current data protection regulations, by contacting EMMI. Likewise, they may inform the Spanish Data Protection Agency if they consider that their rights have not been duly addressed or if they believe that their data has been unlawfully processed (www.aepd.es). The CLIENT may obtain further information on the processing that EMMI makes or may make of their personal data by accessing its Privacy Policy.
12. FORCE MAJEURE
“Force majeure” means the occurrence of an event or circumstance that makes it impossible or impossible for a Party to perform one or more of its contractual obligations under these Conditions, to the extent that such Party proves: (a) that such impediment is beyond its reasonable control; (b) that it could not reasonably have been foreseen at the time of the conclusion of the Contract; and (c) that the effects of the impediment could not reasonably have been avoided or overcome by the affected Party.
In the absence of proof to the contrary, the following events affecting a Party shall be presumed to satisfy conditions (a) and (b) of paragraph 1 of this Condition: (i) war (whether declared or not), hostilities, invasion, acts of foreign enemies, extensive military mobilisation; (ii) civil war, riot, rebellion and revolution, usurpation – military or otherwise – of power, insurrection, acts of terrorism, sabotage or piracy; (iii) currency and trade restrictions, embargo, sanction; (iv) act of a public authority, whether legal or illegal, enforcement of any law or governmental order, expropriation, occupation of works, requisition, nationalisation; (v) plague, epidemic, pandemic, disaster or extreme natural event; (vi) explosion, fire, destruction of equipment, prolonged interruption of transport, telecommunications, information systems or power; (vii) general labour disturbances such as boycott, strike and lockout, industrial action, occupation of factories and premises.
The Party successfully invoking this clause shall be relieved of its duty to perform its obligations under the Contract and of any liability for damages or any other contractual penalties for breach of the Contract from the time the impediment has caused the inability to perform, provided that it gives notice thereof without delay. If notice is not given without delay, the exemption from liability shall be effective from the time the notice reaches the other Party. Where the effect of the impediment or event relied upon is temporary, the above consequences shall apply only for so long as the impediment relied upon prevents the performance by the Party concerned of its contractual obligations. Where the duration of the impediment invoked has the effect of substantially depriving the Parties of what they were reasonably entitled to expect under the Contract, either Party shall have the right to terminate the Contract by giving reasonable notice to the other Party. Unless otherwise agreed, the Parties expressly agree that the Contract may be terminated by either Party if the duration of the impediment exceeds 120 calendar days.
The purchase of the products, services and/or ancillary services is subject to these Conditions, which I declare to have received, know and accept in their entirety, being incorporated into thecontractual relationship by the mere fact of placing an order, being bound by them from that moment.
