TERMS OF USE

General conditions of sale

Please read these carefully before making a purchase on this website, although you have previously made purchases, because IBERTIX S.L. reserves the right to modify them at any time. They will be used throughout the process. You can consult the doubts that they could generate by contacting info@mobelium.com

These General Conditions have been prepared in accordance with the Law 7/1998 on General Conditions of contracting, Royal Decree 1906/1999 which regulates telephone or electronic contracting with general conditions in development of article 5.3 of Law 7/1998, General Law 26/1984 for the Protection of Consumers and Users, Law 7/1996 on the Regulation of Retail Trade, Royal Decree-Law 14/1999 regulating the Electronic Signature and how many legal provisions result from application.

These Conditions regulate the legal relationship derived from the contracting processes formalized by the Users through the Web page www.Mobelium.com. With the access to the portal, and with the purchase of products of the same, the buyer acquires the user condition, and therefore it is understood that you accept these conditions without reservations. In addition, the user declares that he is of legal age and has sufficient capacity to carry out the purchase of products in IBERTIX S.L.

All prices on mobelium.com are inclusive of VAT.

Our transport companies are Seur and DPD. Once received the payment of your order the agency will deliver it in the indicated address between 3 and 10 days if your order has been made for Europe and from Monday to Thursday and from 5 to 12 days if your order has been made Friday, week or holidays. For deliveries outside European territory, the order will take from 2 to 4 weeks from receipt of payment, to the address indicated. These delivery times are approximate and may vary for logistical or stock reasons. The indicated days are business days.

The content of this website is the property of IBERTIX S.L. The use of images or texts may lead to copyright infringement, the company reserves the right to claim for the use of such material.

In order to comply with the provisions of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, below we indicate the data of the general information of our site

You have a guarantee of return during the following month after receiving the order, no matter the reason. If you send us the purchased goods (not opened) we will make the return of the money paid. The client must take a picture of the package and the label of the transport agency.

The mattresses will arrive coiled under vacuum and it is necessary to let it rest on a smooth surface for 24 hours before use.

 To preserve the optimal conditions of the mattress, it must be unpacked before three weeks after receipt, otherwise the company is not responsible for the loss of quality of it.

Web: www. mobelium.com

Owner: IBERTIX S.L.

C.I.F: B56079361

Address: Puerta Sevilla Street , 11, 2, 14003 Córdoba.Spain

Email: info@mobelium.com

Phone: +34 663-32-70-60

 

1 Definitions

1.1 In these Conditions, the following terms shall have the meaning indicated below: "Seller" means IBERTIX S.L., its affiliates and related companies, and the entities that succeed them for any title. "The Customer" means the natural or legal person with whom the Seller contracts the sale of the Goods. "Merchandise" means the product that Seller sells to Customer in accordance with the Contract. "The Contract" means the contract of sale of the Goods between the Seller and the Customer, to which these General Conditions of Sale are incorporated. "Working day" means any day of the week except Saturday and Sunday and holidays. "Conditions" means the rules governing the sales of IBERTIX S.L.

 

2 Preamble

2.1 The information on prices, available quantities or delivery times sent by the Seller will be considered as a mere invitation to the Customer to place orders and, consequently, offers subject to the acceptance of the Seller. Requests in response to the sending of such information or acceptance thereof shall not give rise to a contract, which shall only be deemed to have been entered into when one of the following circumstances occurs: a) Acceptance by the Seller (acceptance of order). b) Beginning of the manufacture of the Merchandise, when it is manufactured in a special way for that order. c) Expedition of the Merchandise.

2.2 These Conditions are the only terms under which Seller contracts, and will be incorporated into the Contract to the exclusion of any other term or condition, including those indicated or quoted in Customer's order and other documents of the Contract.

2.3 These Conditions may only be modified with the agreement of the Seller, by means of a signed document that will be sent to the Customer.

2.4 In addition to these Conditions, the technical specifications and the internal commercial terms of the Seller relating, inter alia, to transportation, minimum orders or packaging, and that the Customer may request the Seller at any time. These terms and specifications are incorporated into these Conditions.

3 Prices

3.1 The prices exclude any tax or duty relating to the sale of the Goods. Said taxes and duties will be added to the price, and will be satisfied by the Customer in any case, including the Canary Islands, Ceuta and Melilla.

3.2 The prices quoted in the quotations, estimates, or other documents issued by the Seller prior to the acceptance of the order, are not binding on the latter. The final price will be the one applicable on the date of the order acceptance.

3.3 The Seller may modify the price of the Merchandise upwards between the date of acceptance of the order and the date of payment in the following cases: a) Extra alloy and variation of the international prices of the raw materials of the Merchandise, or of its supply conditions. (b) Additional costs relating to the Goods or their supply. The Customer will assume the above price increases.

4 Payments and guarantees

4.1 The payment of the price of the Merchandise will be verified in the term and in the agreed form, being on account of the Client all the expenses derived from the chosen payment system. When the payment is implemented through documentary credit, it will be governed by the Rules and Uniform Uses Relating to the Documentary Credits in force of the International Chamber of Commerce. In the absence of agreement, payment will be made by credit card. The payment of the price will be made in full, without partial payments being accepted.

4.2 All deliveries are subject to the approval of the Seller's Risk Department.

4.3 The Seller shall have the right to opt for enforced compliance with the Contract or its resolution if the Customer is in any of the following situations: a) Fails to fulfill its obligation to pay or any other obligation arising from the Contract, or from any other contract entered into with the Seller. b) It is in competition, liquidation or any other insolvency situation. c) He has no ability to deal with his debts. d) There is a warrant for execution, foreclosure or seizure of your property.

4.4 If the Seller has reasonable grounds to suspect that the Customer will not be able to meet the obligations arising from the Contract, or from any other contract entered into with him, he may at any time suspend compliance with the Contract, unless the Customer immediately pays the totality of the price, and satisfy the other payments due to Seller arising from other contracts, or deliver to the Seller a bank or other guarantee, for the same amount, which is acceptable to him. Seller will immediately notify the above suspension, granting a reasonable period for the Customer to make the payments or deliver the guarantee. If Customer fails to do so within such term, Seller shall have the same rights as in Condition 4.3.

4.5 If, in the cases indicated in Condition 4.3 or 4.4, the Seller has already issued the Merchandise, it shall be entitled to avoid delivery thereof to the Customer, even if the Client is the owner of a document granting him the right to obtain it.

4.6 If Seller terminates the Agreement in accordance with Condition 4.3 and 4.4, Customer will forfeit the right to sell Goods subject to domain reservation as set forth in Condition 7, Seller being prohibited from selling and processing, and Customer to return or ship to another destination. Notwithstanding such resolution or cancellation, the Customer shall pay the Seller the price of the Goods dispatched prior to the same.

4.7 The amounts owed by the Client in payment for the Merchandise that are not effected on the due date shall accrue interest until payment of the principal at the rate applied by the European Central Bank to its most recent main refinancing operation, increased by seven percentage points. The Client will also indemnify the Seller for damages and expenses caused by the breach.

4.8 The Customer may not deduct from the amounts owed to the Seller those that claim to the Seller, whether derived from the Contract or from any other concept, and may only discount the credit notes issued by the Seller.

5 Delivery

5.1 The delivery of the Merchandise shall be made at the place indicated in the Contract, or subsequently agreed by the parties.

5.2 Unless otherwise stated, the Merchandise designated as stock material or other similar term is subject to availability.

5.3 The Seller may make partial deliveries, issuing an invoice for each of these shipments.

5.4 The dates and terms of delivery or delivery of the Goods are approximate and will not be binding on the Seller. Due to the complexity of the manufacturing process of the Merchandise, if in spite of having done what reasonably possible to fulfill a date or term of delivery or delivery contemplated in the Contract, these are not fulfilled, said non-fulfillment will not be considered a contractual breach of the Seller which entitles the Customer to terminate the contract or to claim damages, and Seller shall be entitled to a reasonable extension of the delivery or delivery date or time.

5.5 If the non-delivery is due to causes imputable to the Client, the Client must make the agreed payments as if the delivery had occurred. The Seller may proceed to the storage of the Merchandise at the Client's risk and, at the request of the Customer, to ensure it, in both cases whenever the Customer pays anticipated storage and insurance expenses in advance.

6 Transmission of risk

6.1 The transmission of the risk of loss or loss of the Merchandise to the Customer will occur in accordance with the INCOTERM indicated in the Contract, and in default thereof in accordance with INCOTERM, EX WORKS (INCOTERMS 2000).

6.2 In sales in Spain, the transmission of the risk will occur: a) With delivery to the first carrier if the Contract includes the transport of the Merchandise. b) In other cases, when the Customer takes over the Merchandise, or does not do so at the agreed time, provided that it is made available.

6.3 Withdrawal and returns

If the product is in perfect condition, to proceed with the return you must comply:

• Do not be out of the 14 day period from the moment you receive your order.

• Ship with the same box and in perfect packaging conditions.

• Contact us to know where to send it info@mobelium.com

Once, the order has arrived at our warehouse and has been reviewed, the money will be returned. IBERTIX S.L. will refund such amount within a maximum of 14 calendar days from receipt of the refund request in due form, but reserves the right to withhold reimbursement until receipt of the goods or confirmation of the return request as well as the additional data that could be needed to carry out the same.

If you receive a damaged or wrong product, you should contact us as soon as possible by email info@mobelium.com. For this we request that you send us a photograph of the damaged product, order number and explain the problem. After reviewing it, we will contact you as soon as possible to offer you the best solution.

7 Domain Reservation

7.1 Without prejudice to its delivery and transmission of the risk to the Customer, the Merchandise shall remain the property of Seller until payment of the price is complete and any other amount due by the Customer to Seller for any other reason, even if it is not due.

7.1.1 Mobelium.com may void an order due; in the absence of stocks, error in the price or any other circumstance, the cancellation will be communicated to the customer via e-mail or telephone and the refund will be paid, or if it is a refund, it will simply be canceled to the client.

7.2 Until the transfer of the property to the Client occurs: a) In the cases contemplated in Condition 4.3 and 4.4, Seller may require the Customer to return the Goods, recovering their possession and being able to resell it. b) The Client shall store the Merchandise in the proper manner, and in the conditions necessary to protect and preserve it, without charge to the Seller. It will not alter or remove the identifying marks of the Goods or their packaging, ensuring that they are clearly identified as Seller's property. If in spite of the previous prohibition, the Goods are processed or combined in any way with other products, the Seller will retain ownership of the resulting product for an amount equal to the value of the Goods. c) At the request of the Seller, the Customer will take the necessary measures to protect the rights of the first with respect to the Merchandise.

7.3 The rights granted to the Seller in this Condition are additional, and in no way will they exclude or limit any other right or action that may correspond to it.

7.4 The Client is entitled to transfer the Goods within the framework of its business activity, and to transfer ownership to its respective customers, as long as they are purchasers in good faith. This power will automatically be extinguished in the cases indicated in this Condition, and in Condition 4.3 and 4.4. If in any of these cases the Merchandise has already been delivered to the buyer in good faith, the Seller may demand payment or subrogation in the Client's rights in respect of such sale, up to the limit of the amount due.

7.5 We are a retailer, if we can not supply an order because it contains a large quantity of a certain product, we will proceed to return the amount and cancel the order.

8 Quantity and Quality. Commercial Warranty

8.1 The Seller shall deliver goods in the quantity and quality established in the Contract, and with the packaging provided therein. Notwithstanding the foregoing, the Goods shall be subject to Seller's tolerance and classification rules.

8.2 The weight indicated by the Seller shall be valid and final, provided that a scale approved according to the rules of the country of the Seller has been used.

8.3 The Seller warrants that the Goods: a) Is fit to be marketed. b) It is free of charges and rights of third parties.

8.4 The Commercial Warranty is limited to what is indicated in this Condition, excluding any other type of warranty from the Contract. In particular, it is not guaranteed that the Merchandise: a) Is suitable for the specific uses declared or not of the Client. b) Be in conformity with the samples delivered by the Seller, not having nature of sale on sample. c) It has no defects derived from materials, specifications or information supplied by the Customer. d) It is suitable for use if it has not been handled or stored properly, or is processed in inadequate machinery. (e) Be suitable for use in the nuclear industry.

8.5 Seller shall be liable under this Condition for any defects, hidden defects and nonconformity (hereinafter, Defects) of the Goods attributable to it, arising out of its design, raw materials or process.

8.6 The Customer will inspect the Goods immediately upon arrival at the agreed destination, in order to determine: a) If it has been damaged in transit. b) If it is of the quality, quantity and weight indicated in the Acceptance of Order or in the delivery note.

8.7 The damage suffered by the Merchandise in transit must be recorded on the delivery note of the carrier. 8.8 If a Defect is found, the Goods will not be processed, and the Customer will store it in its original packaging, making it available to Seller for examination. In another case, the Client will lose his right to claim such Defect.

8.9 Defects must be notified in writing to Seller immediately upon discovery, or when reasonably should have been discovered, and in any case before 3 months from the date of delivery. The notification will be motivated, with a description of the defect claimed. 8.10 Upon receipt of the notice contemplated in the Condition

8.9, Seller may choose between: a) Repairing the Defect. b) Supply replacement product. c) Reduce the price in proportion to the Defect of the Merchandise. In any of the foregoing, Seller will bear the cost of transporting the Merchandise or substitute product but no other expenses, such as disassembly, installation or processing.

8.11 Notwithstanding the foregoing, the Seller shall have the right to investigate the claim, and to require the Client to furnish such evidence as it deems necessary. If, as a result of the investigation, it is established that the notified Defect does not exist, or this is not the responsibility of the Seller, it will have the right to reimburse the expenses incurred by the claim.

8.12 The Client shall not be entitled to any other compensation or action other than those indicated in this Condition 8, which is absorbed and is within the limits of Condition 9.

9 Limitation of Liability:

9.1 Seller warrants that the Goods will conform to the express terms of the Contract.

9.2 The Seller shall not be liable for damages and damages that the Customer may suffer as a result of acts and omissions of him, his employees and representatives in relation to the Contract or the Merchandise, that exceed the amount of the purchase price of this, excluding VAT, customs duties, insurance premiums and other costs other than those of the Goods themselves.

9.3 The Seller shall not be liable for indirect damages of any kind, or for the loss of profit that the Client may suffer as a result of the acts and omissions of the latter, its employees and representatives in relation to the Contract or the Merchandise.

9.4 Seller shall not be liable for any claims, suggestions and comments relating to the Goods made by its employees or representatives in the pre-contractual negotiations.

10 Force Majeure:

10.1 The Seller may suspend the execution of the Contract, without implying any breach of contract, for reasons of force majeure that may hinder or impede, as long as they last.

10.2 Among others, the force majeure may derive from the following facts: a) Wars, whether declared or not, civil war, revolts and revolutions, acts of piracy and sabotage. b) Natural disasters such as hurricanes, cyclones, earthquakes, tsunamis, floods or lightning destruction. c) Explosions, fires, destruction of machinery, factories or any other type of installation. d) Boycott, strikes and lockouts, production stops, and occupation of factories and facilities. e) Acts of the public powers, whether legitimate or not, in respect of which the Seller has not assumed the risk under the Contract. f) Lack of labor, energy or raw materials. g) Restrictions on communications. h) Delays or breaches of subcontractors.

10.3 The Seller shall notify the Customer in writing of the suspension of the Contract, and if it lasts for more than 8 consecutive weeks, either party may resolve it by prior written notice, without prejudice to Seller's right to charge the price of the part of the Contract Goods issued to the Client prior to the suspension of the Contract, and to be reimbursed for any other expenses in relation to the Contract accrued prior to its resolution.

11 Assignment

11.1 The Client may not assign, encumber or transfer in any way the Contract, nor the rights or obligations arising therefrom, without the written consent of the Seller.

12 Waiver of rights

12.1 The rights of the Seller in relation to the Contract shall not be deemed waived by the granting of deferrals or other indulgences, or by the failure to exercise the actions derived therefrom.

13 Invalidity

13.1 If any Condition of this document is null or void in whole or in part, by virtue of the applicable Law, it shall be omitted from it without affecting the validity of the others.

14 Notifications

14.1 The notifications to be made to the Seller, will be made at the address indicated in the Order Acceptance, or in the one that is subsequently indicated to the Customer. Those that must be made to the Customer, will be in the latter's known address. Notifications can be made by mail or e-mail.

15 Data Protection In compliance with the provisions of Organic Law 15/1999 of December 13, on Personal Data Protection, we inform you that: A) NAME OF THE COMPANY guarantees the confidentiality of all data provided by its customers . In addition to the minimums established by law, the collection and processing of data are carried out under security levels that prevent the loss or manipulation of data. B) In accordance with current legislation, all registered users in IBERTIX S.L., have the right to access, rectify, cancel and oppose their data. In addition, at any time, the registered user can express their desire not to receive any publicity. To exercise these rights, customers can send by mail to the address: Puerta Sevilla Street, 11, 2, 14003 Córdoba or send an email to the address info@mobelium.com. For the best performance of its services, IBERTIX S.L. is obliged to provide certain data of its clients - name, address, telephone, etc. to other companies that collaborate with the provision of the service - carriers, financial entities, etc. In all cases provided are those strictly necessary for the specific activity to be performed. 16 Jurisdiction and Applicable Law 15.1 The Contract shall be governed by and construed in accordance with Spanish Law, and the Client shall be expressly waived in his or her own jurisdiction by the courts and tribunals of Madrid Capital. The United Nations Convention on Contracts for the International Sale of Goods, done at Vienna on 11 April 1980, or any other substitute thereof, shall not apply. 15.2 Notwithstanding the foregoing, the Seller reserves the right to go to the courts of the Client's country to claim any amount that may be owed by the Client. ONLINE CONSULTATIONS

15.- LEGISLATION AND APPLICABLE JURISDICTION

This contract will be governed by Spanish law, which will apply to what is not provided in this contract as regards interpretation, validity and execution.


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