a) Mauré is a registered trademark by LaViuda. Any products sold under the Mauré trademark are carried out through the company Viuda de Rafael Estevan Gimenez S.L. (LaViuda).
b) These sales terms and conditions are in addition to any further agreement in force between the parties. Should any specific terms and conditions be eventually agreed upon between the parties, the latter shall prevail in the event of any discrepancies or contradictions with the general terms and conditions stated herein.
c) By placing an order and accepting the delivered goods, customers shall imply acceptance of these sales terms
and conditions.
d) The current pricing list shall replace and deem any previous
versions void.
e) All details included in this pricing list regarding measurements, values and features are provided for information purposes only. LaViuda reserves the right to modify these details if deemed necessary in view of the technical and/ or commercial circumstances.
f) All prices shown are valid except in the case of typos or subsequent modification by LaViuda.
g) Should any part of these terms and conditions be deemed invalid or unenforceable, that should not affect the validity or enforceability of the remaining clauses.
h) LaViuda reserves the right to modify these sales terms and conditions. Any modifications introduced shall not be
applied retrospectively.

1. ORDERS
a) All orders must be signed and sent via email for acceptance; we shall not accept any orders made verbally over the telephone under any circumstances.
b) After an order is placed, it shall be considered binding and, therefore, no cancellations shall be accepted once it has progressed to the production stages.
c) If you need to modify an order, please use the same communication method used to place the original order.

2. PRICING
a) All prices shown are exclusive of VAT. Any applicable tax shall be added to your total invoice total as per current legislation and at the current rates. Except where expressly stated otherwise, all prices are shown in Euros (€).
b) All values shown in our pricing list are exclusive of shipping, insurance, installation costs or tax.

3. PAYMENT TERMS AND CONDITIONS
a) Payment for the amounts invoiced must be effected within a maximum of 30 days from the invoice issue date, except where otherwise stated in the invoice. In the event that we are unable to deliver your products or in case of delays in the delivery for reasons outside LaViuda’s control, payment must be made within 30 days of the expected delivery date, except where otherwise stated.
b) Any promissory notes must be sent within 20 days from the invoice issue date.
c) Customer undertakes to pay all invoices in a timely manner on their due date. Otherwise, LaViuda reserves the right to charge interest or additional collection charges, such as arrears charges, bank charges, noting and protest costs and all rates applicable to commercial transactions and similar, pursuant to articles 50 to 80 of Act 3/2004, passed on 29th December on combating late payment in trade transactions, without requiring any notification or prior demand. Payments shall be made in the same currency stated in the invoice, except where otherwise agreed in writing.
d) Failure to comply with any agreed payments shall result in the total amount of any future orders placed with us becoming due in advance, in addition to a percentage of any outstanding amounts until these are fully settled.

4. DELIVERY DEADLINES AND LOCATION
a) Delivery deadlines are always approximate and provided for information purposes only. These shall not represent any commitment by LaViuda and, therefore, we shall not accept any claims for liability or damages caused by non compliance or any claims for compensation in the event of any damages.
b) We may deliver your products in several batches except where a customer has specifically requested to receive their entire order as a whole and by prior acceptance by LaViuda. For the purposes of these terms and conditions, every partial delivery made shall be considered independent.
c) All deliveries shall de made to the customer’s tax address except where otherwise stated in their order. LaViuda reserves the right to modify the delivery address for reasons such as incapacity to deliver goods to town centre locations or other issues outside our control.

5. SHIPMENT
a) Except where expressly stated otherwise, all prices shown are ex works.
b) Any delay in the transportation of goods and/ or loss of one or more packages shall not result in any postponement, delay or cancellation of payment.
c) Where shipment has been arranged by an external agent or company, LaViuda shall not be held responsible for any faults, delay or loss of the transported goods.
d) Once the goods have left our premises, shipping shall be at customer’s own risk and shall not be covered by the insurance policy, except by prior express request by customer who shall be liable for any costs.
e) Once the goods have left our premises, a delivery note shall be sent via email with a breakdown of the items sent.

6. FORCE MAJEURE
LaViuda shall not be held responsible in the event of delays or failures in their performance resulting (directly or indirectly) from any of the following causes: natural disasters, war, terrorism, accidents, explosions, nuclear incidents, equipment or machinery breakdown, sabotage, strike or other labour disruption (regardless of whether the labour demands are reasonable or not), actions or omissions by any governmental authority (either on a de jure or de facto basis), port congestion, shortages in the supply of raw materials, labour, premises, fuel or energy resources due to delivery delays or for any other reason, epidemics, international health emergencies, pandemics (arising, to name a few, from a virus such as SARS, MERS, COVID-19, etc., and their consequences including, but not limited to, staffing shortages due to sickness, enforcement of policies that prevent travel or work, confinement or similar policies imposed by any government or equivalent local, council, regional, national or supranational authority), total or partial suspension of public services or the supply of raw materials, restrictions imposed by local, regional, national and/ or supranational authorities or recommendations made by such political authorities preventing travel or work, lack of transportation means or any other causes (either similar or different from those above) that are outside of LaViuda’s reasonable control or that may prevent compliance with their obligations. Should the supply of goods by LaViuda be limited due to any of the above causes, the company shall be entitled to distribute any products still available in an equitable manner between its customers, as established at their sole discretion.

Compliance with the obligations affected by any of the above causes shall be suspended for their entire duration. However, please note that this shall not imply the suspension of payment obligations due to their own nature, as expressly stated herein, in any of the above circumstances. Any measures required to resume any orders pending execution and to recover time shall be agreed between the Parties as soon as the causes that gave rise to the force majeure situation have ceased.

7. COLLECTION OF GOODS
a) In the event of collecting the goods from our premises, LaViuda shall notify customer when these are ready for collection.
b) A minimum of 24 hours shall be required between placing an order and collecting any goods from our premises. LaViuda reserves the right to refuse delivery of materials prior to this 24 hour period.
c) Upon collecting the goods, the customer must check the number of packages and any possible faults that must be stated in the signed document (delivery note). Furthermore, in the event of any issues, the customer must contact our quality department in writing stating the delivery note number in order to process any complaints.
d) Should shipment or delivery be delayed by the customer’s request for a period exceeding one month from the date when the goods were available for collection, they may be charged additional storage costs.
e) Despite the goods not being effectively delivered, it shall be deemed that LaViuda has fulfilled their obligation to make the goods available and therefore, except in case of malicious intent or negligence by LaViuda, any risks involving the loss or impairment of goods shall be borne by the customer.

8. RETURNS POLICY TO BE GOVERNED BY THE FOLLOWING STIPULATIONS
a) Any claims for potential returns will only be accepted if made within a maximum of 15 days from the date of goods delivery.
b) All claims must be made in writing via email stating the delivery note number and the reasons for the claim, including any supporting images, where applicable.
c) We shall not accept any returns of made to measure goods or goods that have been subsequently manipulated and/ or transformed by the customer.
d) In general terms, we shall not accept any returns of leftover or unused goods.
e) We shall not accept any returns from customers who are
in arrears.
f) Any potential claims shall only be considered in relation to the goods stated in the delivery notes that have been signed off by customer. We shall not accept any liability regarding missing goods that have not been notified upon delivery and stated in the delivery note.
g) In the event of any pallet cages delivered with the goods, these shall remain the property of LaViuda. Therefore, although there shall be no charges for these, they must be returned gradually in the same conditions than they were received and including all their elements.
h) Upon receipt of any returned goods, LaViuda shall analyse and assess how to proceed on a case by case basis before notifying the customer regarding the solutions to be adopted.
i) LaViuda shall not be held responsible for any actions that involve the replacement, repairs and/or any other handling of goods by the customer without prior written authorisation from LaViuda.
j) In the event of a product replacement, LaViuda shall determine the manner in which the faulty goods may be replaced. In all such cases, LaViuda shall assume the ownership of any faulty goods that may have been replaced.

9. DATA PROTECTION
Pursuant to Act 3/2018 passed on 5th December on the Protection of Personal Data and Guarantee of Digital Rights (“LOPDGDD” as per its Spanish acronym) and EU Regulation 2016/679 of the European Parliament and of the Council (“GDPR”), customers are hereby notified that any personal details provided to LaViuda as a consequence of accepting these terms and conditions shall be processed by LaViuda with the purposes of executing this agreement and invoicing.
Therefore, LaViuda shall process all customer details with the purposes of maintaining, developing and carrying out the sale and shipment of goods. All details provided shall be retained while there is an ongoing commercial relationship or for as long as required to comply with legal obligations. No details provided shall be shared with any third parties except in the event of existing legal obligations. Customers may exercise their rights to access, rectify, erase (right to be forgotten) their details, restrict their processing, request their portability, oppose their storage and refuse their handling via automated decisions at any time by sending a written request to the following address: Vda. De Rafael Estevan Gimenez S.L. Pol. Ind. “Rio Vinalopó” – Apartado de Correos 7, or by sending an email to the following email address: marketing@laviuda.es with the subject “Data Protection” and specifying in the body of the message which rights they intend to exercise and the reasons, as well as enclosing a copy of their National ID card or equivalent ID.

10.INTELLECTUAL AND INDUSTRIAL PROPERTY
Any industrial or intellectual property rights, whether or not these may be registered, that may be created or developed in the execution of any orders shall belong solely and exclusively to LaViuda. Signing or entering into any contractual relationship with the customer shall not imply a total or partial transfer by LaViuda of any industrial or intellectual property rights.

11. APPLICABLE LEGISLATION. JURISDICTION
In regards to the relationships between customers and LaViuda, these shall be expressly subject to the Spanish legislation.
Notwithstanding any mandatory legal jurisdiction regulations, and in the event of any discrepancies or claims that may arise from the interpretation or execution of the relationship between the customer and LaViuda, both parties hereby submit themselves voluntarily to the Courts corresponding to the council corresponding to LaViuda’s registered address expressly renouncing any further jurisdiction that may correspond to them.
In the case of customers who are also the end user, the stipulations included in this clause shall not affect any rights recognised by current legislation.

This guarantee shall only apply to customers who are the end user of the products marketed by the company Viuda de Rafael Estevan Gimenez S.L. (LaViuda) under the Maure trademark. Maure is a registered trademark by LaViuda.

Notwithstanding any legal guarantees, LaViuda may, at their sole discretion, grant additional guarantees and/ or certifications by express request from customer at the time of placing their order.

1. GUARANTEE PERIOD

La Viuda guarantees all its products pursuant to legally established procedures. Therefore, in the event of any non conformity with any products under the Maure brand, we will deal with any complaints made within three (3) years from the date of delivery.

2. PROCEDURE AND REQUIREMENTS TO MAKE CLAIMS UNDER THE GUARANTEE

LaViuda hereby guarantees to all end user customers that the goods supplied shall meet the agreed specifications. Our products shall be deemed as compliant provided that (I) these are as described and (II) suitable for their intended use under normal circumstances and (III) in view of their quality and features that may be reasonably expected from similar products.

In these regards, should any of the products fail to comply with our agreement, end user customers must notify us by following the procedure described under section 9 of the General Sales Terms and Conditions using any of the contact means available for this purpose.

3. WHAT IS INCLUDED IN THE GUARANTEE

End user customers may opt between requesting the product to be repaired or replaced, except where either of these options may be deemed objectively impossible or disproportionate.

All repairs and replacements shall be dealt with in accordance to the following rules:

a) LaViuda shall not be held responsible for any actions that involve the replacement, repairs and/or any other handling of goods by customer without prior written authorisation from LaViuda.

b) In the event of a product replacement, LaViuda shall determine the manner in which the faulty goods may be replaced. In all such cases, LaViuda shall assume the ownership of any faulty goods that may have been replaced.

c) These shall be free of charge for end user customers. This includes all charges required to rectify any aspect of the products that do not conform with the agreement, particularly with regards to shipping/ transportation, as well as any costs arising from labour and materials, to its destination at the end user customer’s established usual address.

d) It shall be undertaken within a reasonable period and with no further inconveniences to the end user customer in view of the product’s nature and their use by the end user customer.

e) After the relevant repairs and redelivery, should the product still fail to conform with the agreement, end user customers may either demand a replacement product, except where this option may be deemed disproportionate, a discount on the price paid or early termination of the agreement.

f) Should the repairs fail to bring the product in line with the agreement, end user customers may either demand further repairs to the product, except where this option may be deemed disproportionate, a discount on the price paid or early termination of the agreement.

4. WHAT IS NOT INCLUDED IN THE GUARANTEE

Any claims by end user customers shall be deemed void in the event that (a) the products delivered are stored or used incorrectly; (b) end user customers have not notified us in writing regarding the alleged faults and do not allow LaViuda to inspect the goods;

(c ) end user customers fail to comply or comply inadequately or in an untimely manner with any of their obligations towards LaViuda, as established in the General Sales Terms and Conditions.

LaViuda shall not accept any liability arising from errors caused by inaccurate or incomplete details provided by the end user customer.

LaViuda shall not guarantee that their products are suitable for any specific purposes, whether these are declared or not, that the end user customer intends to use them for, other than their normal intended purposes; (II) that the products are not faulty due to the design, technical specifications, instructions, calculations, reports or any other information prepared and/ or provided by the end user customer; (III) that the products shall remain suitable for their intended purposes despite being stored or handled inadequately, or subject to subsequent processes under inadequate conditions, or any further specific instructions stated by LaViuda for their use; (IV) the goods or products have not been manufactured by LaViuda or marketed under the Maure trademark. In regards to section (II) above, LaViuda shall not be required to investigate, control or verify the accuracy or reliability of the details and information provided by the end user customer.

5. GUARANTEE FOR DISCONTINUED PRODUCTS

If any product marketed under the Maure trademark is either sold out or discontinued, LaViuda may supply alternative products with similar features and the same or higher quality at no additional cost.

6. DISCLAIMER OF LIABILITY

Except where expressly stated otherwise by any legal stipulation or within the additional guarantee and/ or certifications provided by LaViuda, this guarantee shall not cover any liability attributable to LaViuda in regards to the following types of losses, regardless of their cause and/ or nature:

(I) Loss of sales or income

(II) Loss of business

(III) Loss of profits or business agreements

(IV) Failure to obtain any expected savings

(V) Losses arising from additional processing time