Terms & conditions of sale
These Terms and Conditions of Sale govern the transactions between CULTO PONSODA and its clients made from any country. CULTO PONSODA specifically rejects any terms or conditions of sale contained in any customer form that may conflict with the following, unless expressly agreed to in writing. These General Conditions are governed by Spanish law. Any reference to commercial terms (such as EXW, CIP, etc.) shall be understood to be made to the Incoterms published by the International Chamber of Commerce in force on the date of execution of the contract.
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1. Order confirmation.
The payment of the total amount indicated in the proforma invoice, previously reviewed and verified by the client, will suppose the confirmation of the order. The payment of a pro forma issued by CULTO PONSODA by the buyer implies full acceptance of the general sales conditions. CULTO PONSODA reserves the right to cancel any order from a customer with whom there is a payment problem for a previous order. All prices are in Euros and do not include taxes or transport. CULTO PONSODA reserves the right to modify the invoiced prices. The final price is fixed in the proforma invoice.
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2. Cancellation of the order.
CULTO PONSODA reserves the right to refuse the cancellation of an order when the merchandise is in the manufacturing process. Once you place an order and make payment for it, you have 2 days to cancel the payment. As the product will be manufactured for each customer exclusively, once the payment is processed, we cannot cancel your payment or refund the amount paid. In certain circumstances, CULTO PONSODA may accept modifications or cancellations of an order in which the client undertakes to bear the expenses incurred.
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3. Conditions of transport.
Transportation costs will be borne by the customer, even if they are organized by our carrier. Products are delivered to the delivery address provided by customers, specified at the bottom of the proforma invoice. CULTO PONSODA reserves the right to make partial deliveries. In case of observing any damage to the merchandise, the customer must note it in detail and compulsorily on the delivery note of CULTO PONSODA and on that of the transport company, to be sent later (both) to info@cultoponsoda.com. The delivery time will depend on the type of product and quantity. CULTO PONSODA is not responsible for delays in delivery due to any cause beyond our control. CULTO PONSODA reserves the right to modify the above conditions for certain conditions of the countries of the European Union. In this case, these will be previously agreed with the client.
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4. Shipping costs.
CULTO PONSODA will include the shipping costs in the proforma invoice, at the customers expense.
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5. Product details.
As all products are custom made by our artisans with natural materials for each client, none is the same as another. For this reason, there may be slight differences between the images on the website and the final product.
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6. Complaints and claims.
Any claim related to the packaging, quantity, number or characteristics of the Products must be notified to CULTO PONSODA, in writing, within 5 business days following receipt of the products in the manner explained in section 4, CONDITIONS OF TRANSPORT , paragraph 2; the lack of such notification implies that the customer will lose the right to claim the above defects. The merchandise must be retained by the customer but must not be returned to CULTO PONSODA without the specific agreement of CULTO PONSODA. CULTO PONSODA includes a 2-year guarantee. CULTO PONSODA will not be responsible for any damage to the product after delivery caused by incorrect handling, misuse or actions that contradict the specifications of use. It is agreed that any responsibility of CULTO PONSODA (both contractual and non-contractual) that could derive from the Products supplied and/or their resale (for example, compensation for damages, lost profits, image damage, etc.) is expressly excluded. If the claim is not due to transportation, CULTO PONSODA, after verification, will change your products, or send you a credit note (previously agreed). No claim made after one year of receipt will be accepted. Any return of products to our warehouse without any authorization or return reference number will be refused.
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7. Terms of payment.
The order will be processed, prepared and shipped after receiving payment of the total amount indicated on the proforma invoice. Any bank charges will be borne by the customer. All payments will be made by bank transfer, must be made within 5 days. If this is not done within this period, the order will be automatically cancelled. Any additional bank charges for bank transfers will be paid by the customer. Customs charges will be borne by the customer.
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8. Returns/Refunds.
All products are custom made for the customer, the product cannot be returned, nor can we refund it.
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9. Intellectual property.
All texts and images copied on the CULTO PONSODA website are reserved under copyright and property title and throughout the world. For this reason and in accordance with the provisions of the Property Title Code, only the capacity for private use under different conditions or even more restrictive provisions of the Property Title Code are authorized. Any other use will be considered as imitation and will be sanctioned on account of the title deed, unless previously authorized by CULTO PONSODA. Any partial or total copy of the CULTO PONSODA catalog is prohibited.
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10. Dispute Resolution.
Any conflict that may arise between CULTO PONSODA and the client(s) will be resolved through the application of current Spanish legislation.
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11. Professionals.
You can contact us for any additional technical information and other conditions directly through info@cultoponsoda.com
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12. Others.
Do not hesitate to contact us for any additional information you want through info@cultoponsoda.com