CONTRACTUAL REQUIREMENTS — TERMS OF SERVICE
I. – GENERAL PROVISIONS
Every CEB member (from now on, the PURCHASER) has the opportunity of placing different orders of pieces, cutlength or fabric sampler (from now on, the products) to the CEB managing body (from now on, PEÑALVER CONCEPT) through the B2B Platform available in the website The PURCHASER may do so always according to these Contractual Requirements and Conditions of Use of the Platform and the provisions included in the price lists that PEÑALVER CONCEPT sends regularly to them. The stock status of the products will be updated by PEÑALVER CONCEPT every 5 minutes.
THE PURCHASER accepts the Platform as an appropriate place to conclude contracts of sale and purchase with PEÑALVER CONCEPT and he/she recognizes their validity by not challenging them under no circumstances.
THE PURCHASER shall access the Platform in order to check the state of his/her orders status at any time.
II. – AVAILABILITY AND PRODUCT SUPPLY
PEÑALVER CONCEPT shall acknowledge receipt of the received orders by sending, in a 24 hours period (without including weekends and public holidays), an e-mail to the PURCHASER that will determine the order receipt, improving the contract of sale and purchase of the placed orders. The PURCHASER undertakes to revise all the order information, having a 24 hours period to correct any possible mistake.
PEÑALVER CONCEPT shall inform the PURCHASER about the rough receipt date of the products ordered through the Platform. However, unless PEÑALVER CONCEPT and the PURCHASER have previously agreed on the opposite, the estimated deadline fulfilment shall not be under no circumstances a contractual duty of PEÑALVER CONCEPT.
PEÑALVER DESIGN has committed itself to respect as far as possible the specific time of the product delivery, but if for any reason, whether attributable or not to PEÑALVER CONCEPT, there will be a delay in the delivery, PEÑALVER CONCEPT must not make any complaint about the amounts superior to the corresponding invoice amount.
The estimated expedition time of the order takes, in normal conditions and depending on stock, three days from the confirmation of the order or charge. In addition to these three days the days required for transporting the products to the place of receipt must also be added. Once the order is confirmed PEÑALVER CONCEPT will inform the PURCHASER of any possible delay in a three working days period and of the availability of the products in stock in that moment.
III. – PRICES
The product prices will be those that are applicable in the acceptance date of the order, without including additional costs as Value Added Tax, expenses of shipment or any applicable tax or tariff that may be paid by the PURCHASER.
Every time that the prices list changes, PEÑALVER CONCEPT will send to all CEB members the appropriate updating as above mentioned. The PURCHASER must make certain of these prices applicable to products when he/she places an order, releasing PEÑALVER CONCEPT from any responsibility provided that it has given the latest version of the product price list that it offers through the Platform.
The PURCHASER must place his/her orders carefully so that if he/she places an order twice he/she will have to pay a 25% added charge on the order amount in order to defray its processing fees.
The PURCHASER shall cancel, without any cost, any order prior to the cut of material and its subsequent shipment from PEÑALVER CONCEPT. Any other cancellation will force the PURCHASER to pay a 25% of the order amount in respect of its processing fees.
IV – TERMS OF PAYMENT
The payment period from receipt of invoice that PEÑALVER CONCEPT sends will be according to the conditions previously agreed with the PURCHASER.
The payment will be valid once PEÑALVER CONCEPT receives the banking confirmation in this respect. PEÑALVER CONCEPT reserves the right to ask for payment in advance of the first order placed by a new CEB member; in which case a proforma invoice will be sent. PEÑALVER CONCEPT will still be the legitimate owner of the products until payment is received in full.
PEÑALVER CONCEPT accepts as methods of payment, both credit card and bank account payments.
If the PURCHASER breaches his/her payment duties to PEÑALVER CONCEPT or he/she is late picking up the order, PEÑALVER CONCEPT reserves the right to cancel the account temporarily, to suspend any of the PURCHASER's outstanding orders or to terminate his/her Platform access contract as well as any other contract applicable to both parties as regards the products distribution. PEÑALVER CONCEPT shall also reserve the right to ask the PURCHASER for payment in advance of any subsequent order.
V. – REFUNDS
Any product refund depends on the previous consent of PEÑALVER CONCEPT.
If the refund is due to flaws in the products attributable to PEÑALVER CONCEPT, it will proceed to change them assuming all costs or paying the product price in the account given by the PURCHASER. In accordance with the third condition above mentioned if the refund is due to a mistake of the PURCHASER while choosing the products, he will have to pay the 25% of the order amount in respect of the processing expenses once the product has been returned to PEÑALVER.
PEÑALVER CONCEPT may not accept any fabric return of less than 3 meters.
VI. – COMPLAINTS
PEÑALVER CONCEPT shall never admit any refund or cancellation of making a purchase once the PURCHASER has cut the fabrics, since he/she has an obligation to make sure that the fabric, weave or wallpaper that has been delivered to him/her it corresponds with the products ordered by him/her.
Wallpaper will be hung according to the instructions given by PEÑALVER CONCEPT. PEÑALVER CONCEPT shall not accept any complaint made by any PURCHASER who does not respect these instructions. Before hanging any wallpaper the PURCHASER must make sure that it corresponds with the batch and design that he/she has chosen. PEÑALVER CONCEPT recommends smoothing down the wall where the PURCHASER wants to hang the wallpaper and also using a good adhesive. If the PURCHASER does not follow these instructions PEÑALVER CONCEPT shall not admit any return.
VII. – RESPONSIBILITY RESTRICTION
The responsibility of PEÑALVER CONCEPT as regards a shipment delay of an order as well as the flaws appearing in a shipped product shall never involve paying a higher amount than the price of the product.
VIII. – PRODUCT ALTERATIONS
PEÑALVER CONCEPT informs that the measures of the products are rough. In this respect, the flexibility of fabrics and weaves, that can be included in the order, might slightly change the lace of the printed fabrics once the fabrics are printed or weaved.
Before cutting the fabric or weave PEÑALVER CONCEPT recommends paying special attention to the printed fabric lining up in order to get a good result when making wide materials. The fabric width will change slightly.
Due to the product nature PEÑALVER CONCEPT informs that the extensions and wrinkles of fabrics and weaves, sometimes caused by atmospheric conditions impossible to control, have a 4 % of average on the fabric measures.
PEÑALVER CONCEPT cannot guarantee exactly the identical printed fabrics shade that the PURCHASER sees on the Platform. Nevertheless PEÑALVER CONCEPT promises that the differences between both will be as small as possible.
IX. – LAW AND APPLICABLE JURISDICTION
These conditions are ruled by Spanish Laws.
Any argument related to these conditions will be substantiated before the Spanish jurisdiction. If happens so, PEÑALVER CONCEPT and the PURCHASER shall submit to the jurisdiction of the Courts of Alicante and to their hierarchical superiors, renouncing expressly their jurisdictions if these are not the above mentioned.