TERMS & CONDITIONS

1- SCOPE OF APPLICATION.

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

2- ORDER/CONTRACT.

Orders will be made in writing, e-mail or fax and will only be Once they have been accepted by YOFI SUN, S.L. by means of order confirmation by any of the means of communication described above. You must verify the order confirmation received and notify us, immediately in writing, of any errors within 48 days of receipt of the confirmation; otherwise, the description of the product and the characteristics and/or technical specifications detailed in the order confirmation sent by YOFI SUN, S.L. will be considered valid and the order will be firm.

3- PRICE AND PAYMENT TERMS.

Quotes 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 of 7 days is considered, without the possibility of any extension. The price of the product and the terms and conditions of payment will be set out in the confirmation of each order. In the event that, for reasons beyond the control of YOFI SUN, S.L., such as variations in currency exchange rates, tariffs, insurance and other production costs (including those of components and services), the price must be altered, YOFI SUN, S.L., reserves the right to make an adjustment in the final quotation. Payment will be formalized at the time of placing the order, or, where appropriate, as provided in the conditions established in the order confirmation. YOFI SUN, S.L. may suspend the delivery of the goods or services until the total price is fully satisfied. In the event of late payment, all costs incurred will be charged to the final price and default interest of 1% per month will be applied to the amount owed or what remains to be paid at that time, from the due date of payment until full payment. YOFI SUN, S.L., before the shipment of the goods or the provision of 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, on the agreed due date, YOFI SUN, S.L., may suspend or cancel any pending shipment or 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 shall the foregoing power release the Client from its contractual obligations in relation to payments due and the receipt of products. In the event that the client habitually resides outside the European Community and wishes to make a tax exemption effective, he/she must necessarily send the registered office of YOFI SUN, S.L. with whom he/she is going to make a commercial transaction. A photocopy of the invoice and proof of address abroad with your Tax Number, once the package has been received. Once the invoice arrives at customs, the user must send it along with the bank details to proceed with the tax refund.

4- DELIVERY/TITLE/RISK.

The goods will be delivered within the indicated period and within the place provided in the order confirmation. Deliveries can be made in parts. Delivery will be deemed to have been made at the time when YOFI SUN, S.L. makes the products available to you and you have signed the delivery receipt document. We inform you that it is up to you to verify the condition of the products upon receipt, setting out, where appropriate, all the caveats and claims that may be justified in the delivery receipt document. If you refuse delivery of the goods without the approval of YOFI SUN, S.L., the resulting costs and/or damages will be borne by you.

Including storage, until removal. YOFI SUN, S.L. will not be liable for the failure to comply with its obligations when it is due to events that could not have been foreseen, or that, foreseen, were unavoidable, or impediments beyond its control (both in cases of force majeure and fortuitous event), including, among others, acts of government or the Administration,  own or third-party labor strikes, lockouts, civil disorders, 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 Client, will remain the property of YOFI SUN, S.L. until the total price is satisfied. You may not pledge or assign as a guarantee to third parties, whether as a real or personal guarantee, by any means, the goods until they are 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, S.L. The exercise of the reservation of title shall not imply the waiver of the right to demand the performance of the contract or the compensation of damages.

5- ACCEPTANCE.

You must inspect the product immediately upon delivery within 48 days.

Hours, for inspection and to make the corresponding reservations. After this period, you will be deemed to have successfully accepted the product. In the event that you have to return a product, for justified reasons and you have informed YOFI SUN, S.L., you must do so in its original condition, with its packaging, return note and proof of purchase. Return costs will be at your own 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 merchandise in accordance with the manufacturer’s user manual and instructions, In this way, YOFI SUN, S.L. will not be responsible for any damages caused to the goods, or to any third parties, due to incorrect handling, derived from the failure to observe the instructions contained in the user manual or Safety Standards of the goods. YOFI SUN, S.L. is not responsible for incorrect installation or breakdown. If the product(s) supplied is defective during the warranty period stipulated by the manufacturer, YOFI SUN, S.L. will assist in all necessary communications with the supplier or manufacturer of the product for repair or replacement within a reasonable timeframe. You will allow YOFI SUN, S.L. or third parties exclusively defined by YOFI SUN, S.L. to examine, at our option, the product at your location or at the premises indicated. YOFI SUN, S.L. is the owner of the replaced parts and spare parts. YOFI SUN, S.L. will give the necessary attention to resolve the problems within an appropriate period of time according to the circumstances.

YOFI SUN, S.L. does not guarantee or accept responsibility for:

1. Damage caused by improper installation, use, modification or repair by a third party not duly authorized or by yourself;
2. Damage caused by any person or other external force;
3. Suitability of the product for a particular purpose, purpose, or use;
4. Any instruction given by you and correctly carried out by YOFI SUN, S.L.;
5. Lack of response or attention from the supplier or manufacturer of the product;
6. Transportation or repair costs billed by the manufacturer/supplier.

The responsibility of YOFI SUN, S.L. for any breach of this warranty, its commitments to services, or for any other reason, will in no case exceed the price of the product stated in the order confirmation. The warranty covers only the labor and defective parts, thus determining a limitation in the liability of YOFI SUN, S.L., not being responsible for the replacement of the consumables and the abnormal use of the products, the breakdowns in the accessories, the damage caused by causes external to the device and the deterioration caused by adaptations or adjustments. The warranty will be invalid under the following circumstances: Shocks, accidents and/or improper transport, manipulation by personnel other than the technical service recommended by YOFI SUN, S.L., or manipulation of any seal or identification / control label, fault or negligence of 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, the insolvency of the supplier or manufacturer of the product, etc., the warranty will also not operate in the event that the serial number of the product has been modified.

7- SERVICES.

The services, when so agreed, will be provided by YOFI SUN, S.L.. The Times Response estimates are considered 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, changes in configuration, repositioning, preventive maintenance, work that according to YOFI SUN, S.L., are not necessary, issues related to the electrical environment. Repairs to 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 may not be replaced within the time frame of the service offer. Transportation from our warehouse(s) to the place designated by the buyer, as well as transport insurance, are at the buyer’s expense. The liability of YOFI SUN, S.L. 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 laws export control of the U.S., and/or the country in which the product is delivered or used, which must be respected 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. U.S. restrictions vary frequently, depending on the product, so you should refer to the applicable U.S. regulations on a case-by-case basis. Once this warning has been given, YOFI SUN, S.L. will be exonerated from any liability, and you and the final purchaser will be solely jointly and severally liable for any eventuality that may arise and will be liable for any damages that may arise.

9- FORCE MAJEURE.

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

10- CONFIDENTIALITY.

The parties shall deal with all information and documentation 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, S.L. may terminate this contract upon written notice, by any of the causes established in the civil code of the country of origin and headquarters of the company of YOFI SUN, S.L. and if: 1) the price is not paid on time, for which purpose the parties expressly agree that the lack of total or partial payment will result in the automatic termination of the contract without the possibility of any claim by the infringer; 2) You violate or YOFI SUN, S.L. 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 required in writing to do so; or 2) is declared in receivership, bankruptcy, or unable to pay its debts by the due date. A contracting party that has faithfully fulfilled its obligations as agreed may choose to demand the performance of the obligations acquired by the counterparty, or to request the termination of the agreement and demand damages.

12- OBLIGATIONS OF THE CLIENT.

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.
2. You are responsible for the product and its fitness for a particular purpose or purpose; as well as you must cover your telephone and mail expenses, if applicable, to contact YOFI SUN, S.L..
3. You will address our staff with due courtesy, demonstrating the habits required of a good merchant, as set out in the Commercial Code, thus providing all the necessary information and cooperating with YOFI SUN, S.L. to allow you to faithfully fulfill your commitments.

13- DATA PROTECTION.

YOFI SUN, S.L. is expressly authorised to use the data of the Client related to the commercial relationship and be subject to computer processing, without prejudice to the right of access, cancellation or rectification that may be exercised by the Client at any time and by any means, at the address of YOFI SUN, S.L. Personal data will be used exclusively for the fulfilment of orders and 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 the subject of a declaration to the Data Protection Agency of the country of origin and headquarters of YOFI SUN, S.L.

14- CONSUMER RIGHTS:

If you are a Consumer, no provision in this contract It will in no way affect the provisions of public policy on consumer rights.

15- JURISDICTION.

These terms shall 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 performance and interpretation of this Agreement, the parties submit to the Courts and Tribunals 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 a The rest of them will not be affected. You can outsource your obligations to third parties. Neither party may assign or transfer any obligations or rights. Notices must be in writing (by hand, e-mail, fax or certified mail) and sent to the legal representative of the other party.