of Sale and Delivery

The order placed by the Customer implies his agreement and acceptance of these General Conditions of Purchase. No stipulation made by the Customer on these Terms and Conditions of Purchase may differ from those established by Matthias Bernd Franze (AVASAN).

If you are doing business with AVASAN including via our web shop www.avasan.es, the following terms and conditions of sale and delivery apply:

1. Contractual basis

These terms and conditions of sale and delivery apply to orders and purchases from Matthias Bernd Franze, NIE X1586494T. These terms together with the parties purchase agreement and AVASAN´s offer, order confirmation and invoice constitutes the full agreement.

If there is a conflict between AVASAN order confirmation, the parties co-operation agreement and/or these terms and conditions they shall prevail in that order.

The buyer’s terms and conditions of purchase shall not apply unless they are accepted in writing by AVASAN. In case of conflict between the buyer’s terms and conditions and AVASAN´s terms and conditions the latter shall prevail.

These terms and conditions of sale and delivery apply to orders and purchases from Matthias Bernd Franze, NIE X1586494T. These terms together with the parties purchase agreement and AVASAN´s offer, order confirmation and invoice constitutes the full agreement.

2. Conclusion of purchase agreement

An order is not binding for AVASAN before the buyer has received a written or electronic order confirmation from AVASAN. If the order confirmation deviates from the buyer’s order and if the buyer will not accept such deviation, the buyer must in writing notify this to AVASAN within 5 days from the receipt of AVASANs order confirmation, but no later than 1 day before the delivery date.

If the buyer cancel the order before delivery, but after having accepted AVASAN´s order confirmation, the buyer shall cover all costs AVASAN may have in relation to the cancellation, including – but not limited to – loss of profits.

Offers from AVASAN is only binding for AVASAN, if AVASAN receives an unqualified acceptance from the buyer within 7 days of the offer.
AVASANs information on price, delivery, characteristics, capacity and technical data is purely indicative and does not constitute a warranty or guarantee. AVASAN is not liable if the delivered products do not meet the buyer’s needs or purpose of use.

3. Prices 

All prices, including prices according to AVASAN price lists, are daily prices excl. VAT, other public taxes and packaging for transportation. AVASAN is without notice entitled to change the price lists and catalogues.

If the buyer cannot accept the adjusted price, the buyer is in writing entitled to cancel the order within 8 days of the notification of the adjustment.
AVASANs prices are per unit and based on purchase in full packaging units. A fee will be invoiced in case of breakage of the packaging unit.

AVASAN is entitled to adjust the price if the production and delivery costs as well as the costs to suppliers are increased by more than 5 % in the period from AVASAN order confirmation and until delivery.

4. Terms of delivery

4.1 The nature of each product and the characteristics of the product selected by the Customer will determine the period of time that elapses from the time we receive confirmation of payment and the date on which the product is received. 

4.2 In the web pages of The Brand Show. TV we inform of the approximate time of delivery of each article, which should always be considered as merely informative, exempting avasan.es from any responsibility derived in the case that these are not fulfilled.

4.3 In no case any kind of delay in the reception of an order will be able to justify the cancellation of the same one neither the request of indemnifications on the part of the Client or third parties. 

4.4 The indicative deadlines indicated for the delivery of products to the customer will always start from the receipt by AVASAN of the actual confirmation of payment of the total amounts, so that until that time does not begin to manage the order. If the receipt or acceptance is received after 14:00 hours, the order will be processed from the next day.

4.5 Orders placed on Fridays after 14:00 will be processed from Monday of the following week. Orders placed on Saturdays will be processed as of the Monday of the following week. Orders placed on Sundays and/or Spanish public holidays will be processed on the first working day thereafter.

4.6 Deliveries will be made at the customer's expense.

4.7 The delivery time described will be effective in the event that the Customer cannot be located at the place and time mentioned by him, in which case the products will be understood to have been delivered if they are not at home on the date and place of delivery indicated.

4.8 Delivery times will also depend on the availability of each product. In the case of orders for several articles, only one delivery will be made, which will correspond to the article with the longest delivery time. These deadlines are for guidance and AVASAN will strive as far as possible to respect them.

4.9 Any clause of penalty for delay introduced by the Customer in his order is without effect to the acceptance of these General Conditions of Purchase.

4.10 The delivery is considered as made once the carrier makes the product available to the recipient and the recipient is obliged to sign for the receipt of the delivery. Likewise, the recipient who signs for and receives the product must verify the conditions in which he or she receives the package to ensure that it is not damaged (knocks or visible damage). If it detects some anomaly that could have been caused in the transport and it is not satisfied it will have to make it appear in that precise moment, of written form in the delivery note of delivery, accompanied by its signature and exposing the reason of its complaint (damaged product,). 

You must communicate your disagreement to http://www.avasan.es within 24 hours of delivery of the articles, by e-mail to avayoursan@gmail.com will not accept returns for this reason that have not been communicated within this period. In the case that the products require to be returned, this return must be made within 14 calendar days of delivery. Any claim made outside this period cannot be accepted. Only returns of products in their original condition, i.e. in their packaging and with their accessories, will be accepted. In the section "changes and returns,” described below, we detail the steps and requirements to be followed to make a correct return.

4.11 The client will have 24 hours to check the integrity of all the components of the product as well as to verify that the characteristics of the article shown in the pages of http://www.avasan.es. After this time the integrity and content of the product will be considered accepted. If you have any other questions, please do not hesitate to send us e-mail to avayoursan@gmail.com or call us at +34616290298.

4.12 Shipments to Spain In this case, orders will be received within a maximum of 10 to 14 days.

4.13 Shipments outside Spain In this case, you should contact our sales department at avayoursan@gmail.com and they will inform you of the deadline for receiving the order.

4.14 Personalized Products. In the case of personalized products, the determination of the delivery time starts from the moment the personalized product is ready and correct for shipment to the Customer. Therefore, those that suffer delays because they are not initially ready or correct for production and have required, on the part of the Customer, any subsequent correction request will not be considered out of time. If you need more information about this, please send e-mail to avayoursan@gmail.com.

5. Terms of payment 

The Client is responsible for the payment of invoices even if a third party intervenes on behalf of the Client, so the responsibility for providing authentication, access or identification data to a third party is solely and exclusively that of the Client. 

AVASAN will issue the corresponding invoice on the products purchased and will be sent to the Customer via e-mail. 

 In any case AVASAN always reserves the right to decline an order or modify its form or type of payment, as it deems appropriate.  

5.1 Forms of payment: 

The payment of the amount of the purchase will have to be received by AVASAN free of banking commissions or other expenses derived from the transaction.

Payments made from outside Spain: 

In addition to the provisions of the preceding paragraph, must take into account to make payment of their purchases in EUROS and that all possible bank charges for currency exchange will be borne by the Customer. The Customer must always indicate to his bank that he will be responsible for the bank commissions and expenses derived from the transaction. Otherwise, AVASAN could stop the shipment of your order by not receiving the full amount. 

Payment by PayPal or card:

The Customer can select this payment method to pay for purchases. In doing so, they will be connected to the PayPal environment so that they can identify themselves as a user and complete the payment. Likewise, if the customer does not have a PayPal account, he can use the company's payment gateway to pay by credit or debit card. Credit card fraud is a crime, and AVASAN will prosecute anyone who makes or attempts to make a fraudulent transaction or scam.

6. Retention of title 

Subject to the restrictions imposed by mandatory law, the goods shall remain the property of AVASAN until the entire purchase price plus the accrued cost has been paid to AVASAN. 

This retention of title clause is still in force, if the goods will be used in the buyer’s products or mixed with the buyer’s goods of other suppliers. In that event the retention of title shall comprise the transformed or processed product to an extent equal to the value represented by the sale from AVASAN. 

The buyer is obligated to keep the goods insured against theft, burglary, fire etc. as long as the goods are covered by this retention of title clause.

7. Notice of lack of conformity 

Any notice of lack of conformity shall be submitted within 8 days from receipt of the goods. If the defect is non-visible a notice of lack of conformity shall be submitted within 8 days from the date the buyer becomes aware or should have become aware of the lack of conformity, but no later than 1 year from the date of delivery. 

Despite the above mentioned, the buyer is obligated to submit a notice of lack of conformity to AVASAN in such a timely manner that AVASAN will be able to submit notification to the carrier, if AVASAN has been responsible for the transportation and the defects on the goods are due to the transportation. AVASAN cannot be held liable, if the buyer does not submit a notice of lack of conformity in due time. 

Prior to returning the goods, AVASAN shall accept the complaint. A notice of lack of conformity shall be in writing and contain a precise indication of the defects.

AVASAN is not liable in the event of defects, damages or wears occurs due to improper use, breach of instructions and guidelines, changes made to the goods by the buyer or repairs that the buyer has done incorrectly, lack of maintenance and common wear and tear. AVASAN is not liable for other direct or indirect costs due to defects in one of AVASAN´s products.

8. Limitation of liability 

AVASAN is liable under the general rules of Spanish law. However, AVASAN cannot be held liable for the buyer’s indirect losses, including – but not limited to – loss of business, loss of profits, loss of goodwill or any other incidental loss. AVASAN liability is any event limited to the value of the goods supplied. 

9. Force majeure 

AVASAN cannot be held liable if the failure to fulfil its obligations is due to a reason beyond AVASAN´s control, such as strikes, lock-outs, export or import bans, embargos, delayed or inadequate delivery of materials from subcontractors, unexpected stop of production, lack of energy resources or transport, hacker attacks, unforeseen downtime on systems, seizures and other similar circumstances. 

In case of force majeure, AVASAN is entitled to extend the delivery time accordingly or to cancel the agreement. Unless the agreement is canceled, the parties are obligated to fulfil the agreement upon the cease of the force majeure event. Both parties are entitled to cancel the agreement if the force majeure event occurs for more than 3 months.

10. Communications 

The Client is obliged to always maintain operative, active and updated the e-mail address provided in his order for the fluid communications with AVASAN, since it constitutes the preferential means of communication of AVASAN for the agile and smooth management in the process of sale management. 

If the Customer wishes to change the contact email address provided when making your purchase must do so through email communication, meeting the security requirements required by AVASAN to verify the legitimacy of the request, so that at no time is interrupted communication between both parties.

The Customer will be responsible for the consequences of the lack of operation of your e-mail address or the absence of communication for the update of such data in our records.

11. Legal information 

The Customer declares to be over 18 years of age or have the corresponding parental permission or legal guardian to make purchases and payments through the pages of AVASAN, also declares to have sufficient legal capacity to do so.

The Customer shall indemnify AVASAN for all expenses that may arise in the event that the Customer (or third parties related to the Customer by reason of the purchase) is charged with any cause for which the Customer is not directly responsible, including the fees and expenses of AVASAN´s attorneys, even if the court decision is not final.

In what is not foreseen in this document, as well as in the interpretation and resolution of the conflicts that could arise between the parts as a result of the same one, the Spanish legislation will be of application.

Should any conflict or difference arise between the buyer and seller in the interpretation and execution of this document, and it is not resolved by mutual agreement, it will be resolved at the request of either party and after written communication to the other, by means of arbitration.

All the above is without prejudice to the possibility of the parties submitting themselves to legal proceedings, in which case it will be under Spanish legislation, being competent the Courts and Tribunals of Spain, with the Client renouncing his own jurisdiction in cases where the procedural rules allow it, if different.