O&C General Terms and Conditions

General Terms and Conditions of Sale of OPENERS & CLOSERS

 

These General Terms and Conditions of Sale ("Terms") govern the conditions of sale of products and services offered by OPENERS AND CLOSERS SL (hereinafter "OPENERS & CLOSERS") to its customers. By making a purchase transaction, you accept and agree to comply with these terms and conditions.

 

At OPENERS & CLOSERS, we are committed to providing quality service to our customers, so it is important that you understand the terms and conditions of sale set out below. Please take the time to read these terms and conditions carefully.

 

1. Acceptance of General Terms and Conditions of Sale

 

• By placing an order for products and services at OPENERS & CLOSERS, the customer acknowledges having read, understood and accepted these General Terms and Conditions of Sale.

 

• We remind you that these General Terms and Conditions of Sale are binding and that the acceptance of these is necessary to carry out a sales transaction by OPENERS & CLOSERS. These General Terms and Conditions of Sale are deemed to be accepted by the Customer when placing an order for products and services with OPENERS & CLOSERS. Any General Terms and Conditions of Purchase by the Customer that contradict these Terms shall not be binding on OPENERS & CLOSERS unless otherwise agreed in writing.

 

• If the Customer does not agree with any of the terms or conditions set forth in these Terms, the Customer should not place an order for products and services with OPENERS & CLOSERS.

 

• The duration of the sales contract may vary depending on the terms agreed with the customer. However, in general, OPENERS & CLOSERS usually works with short-term sales contracts, as the products it offers are consumer products and do not usually require long-term commitments.

 

• In some cases, OPENERS & CLOSERS can offer long-term sales contracts, especially when large volumes of products are involved and when there is an established and long-standing business relationship with the customer. In these cases, the duration of the contract is usually agreed in advance between the parties.

 

• Importantly, OPENERS & CLOSERS is committed to fulfill all legal and contractual obligations arising from the term of the contract, and to provide customers with the agreed products and services for the full term of the contract. Furthermore, in the event that the contract is not renewed or is terminated, OPENERS & CLOSERS undertakes to fulfill all outstanding obligations and to ensure an orderly transition for the customer.

 

• These terms apply to all commercial transactions made with OPENERS & CLOSERS. If you have any questions or concerns, please do not hesitate to contact us through the contact channels we provide.

 

2. Modifications of General Terms and Conditions of Sale

 

• OPENERS & CLOSERS reserves the right to modify these General Terms and Conditions of Sale at any time.

 

• By placing an order for products and services with OPENERS & CLOSERS after changes have been made to the General Terms and Conditions of Sale, the customer acknowledges having read, understood and accepted the modified General Terms and Conditions of Sale.

 

3. Termination of the General Terms and Conditions of Sale

 

• Failure by the customer to comply with any obligation set forth in these General Terms and Conditions of Sale, as well as in the individual long-term sales contracts entered into with OPENERS & CLOSERS, shall result in the termination of such contracts without prior notice.

 

• In addition, OPENERS & CLOSERS shall have the right to terminate long-term sales contracts entered into with the customer in the following cases:

 

• If the customer is declared in bankruptcy, suspension of payments or insolvency.
• If the customer fails to comply with any of the payment obligations within the agreed deadlines.
• If the customer breaches any of the obligations set forth in the individual long-term sales contracts entered into with OPENERS & CLOSERS.
• If the customer breaches any of the obligations set forth in these General Terms and Conditions of Sale and has not remedied such breach within 30 calendar days from the written request of OPENERS & CLOSERS.

 

• In the event of termination of long-term sales contracts, the customer must immediately return the products delivered, in perfect condition and at his own expense, and is obliged to compensate OPENERS & CLOSERS for all damages caused.

 

4. General Provisions

 

• If any provision of these General Terms and Conditions of Sale is held to be invalid or unenforceable for any reason, such provision shall be severed from the General Terms and Conditions of Sale without affecting the validity or enforceability of the remaining provisions.

 

• No waiver by OPENERS & CLOSERS of any right or provision of these General Terms and Conditions of Sale shall be deemed a waiver of such right or provision in the future.

 

• These General Terms and Conditions of Sale constitute the entire agreement between the customer and OPENERS & CLOSERS in connection with the purchase of products and services, and supersede all prior or contemporaneous agreements, whether oral or written.

 

• Customer may not assign or transfer its rights or obligations under these General Terms and Conditions of Sale without the prior written consent of OPENERS & CLOSERS. Section headings are provided for convenience only and do not affect the interpretation of these General Terms and Conditions of Sale.

 

• OPENERS & CLOSERS reserves the right to assign or transfer its rights or obligations under these General Terms and Conditions of Sale to any third party, provided that such assignment or transfer does not affect the customer's rights under these General Terms and Conditions of Sale.

 

• The General Terms and Conditions of Sale are available in Spanish and English. In case of discrepancy between the two versions, the Spanish version shall prevail.

 

• The customer agrees that these General Terms and Conditions of Sale are provided in electronic format.

 

5. Purpose and Scope of Application

 

• OPENERS & CLOSERS offers its products and services worldwide, although there may be geographic limitations in some specific cases.

 

6. Products and Services

 

• OPENERS & CLOSERS is a company specialized in the manufacture of high quality door locking systems. Its focus is on providing innovative and customized mechanical, electromechanical, electromagnetic and electronic solutions that meet the specific needs of each customer.

 

• Each of the locking systems offered by OPENERS & CLOSERS has unique and specific features that make them suitable for different types of doors and security needs.

 

• OPENERS & CLOSERS reserves the right to make non-essential changes to products without prior notice to the customer. This may include changes to packaging, branding or product design. These changes will not affect the quality or functionality of the product.

 

• In addition to its products, OPENERS & CLOSERS offers additional services for its customers, including:

 

• Security advice: The team at OPENERS & CLOSERS has extensive experience in door security and can advise customers on the selection of the right locking system for their specific needs.

 

• Installation service: OPENERS & CLOSERS offers a professional installation service for its locking systems, guaranteeing their correct installation and operation.

 

• After-sales service: OPENERS & CLOSERS has a technical support team that is available to address any concerns or problems that customers may have after purchase.

 

7. Offers

 

• All offers made by OPENERS & CLOSERS are non-binding, unless specifically agreed otherwise in writing. Offers are based on the information provided by the customer at the time of the request. OPENERS & CLOSERS reserves the right to modify or withdraw an offer at any time without prior notice.

 

• OPENERS & CLOSERS strives to provide accurate and up-to-date quotations at all times. However, quotations may be subject to change due to factors beyond the company's control, such as fluctuations in material prices, changes in government regulations and other market variables.

 

• Please note that any cost increases or other factors that may affect the price or conditions of the offer will be immediately communicated to the customer. If there is an increase in costs or changes in the conditions of the offer after the customer has accepted the offer, OPENERS & CLOSERS reserves the right to adjust the price or conditions of the offer accordingly. In this case, the customer shall have the right to withdraw from the purchase if he/she does not agree with the new terms.

 

• It is important to note that the information presented in offers, brochures, catalogs, advertisements and other publications, including features, prices and other data, should not be considered binding. These documents are subject to confirmation by OPENERS & CLOSERS, which means that any information presented may be subject to change without notice. It is important to note that this information is provided for the purpose of informing the customer, but is not guaranteed to be completely accurate and up to date. It is the customer's responsibility to obtain confirmation directly from OPENERS & CLOSERS before making any decision regarding a purchase or transaction.

 

• Therefore, customers are advised to carefully review the terms of the offer before accepting it and, if they have any questions or concerns, to contact OPENERS & CLOSERS to clarify any doubts. This will help ensure that both parties are fully informed and in agreement with the terms of the offer before proceeding with the purchase and handling of the order.

 

• Any withdrawal by the customer on a voluntary basis must be communicated in writing to OPENERS & CLOSERS as soon as possible. It is important to note that any withdrawal after acceptance of the offer may result in additional charges and/or penalties for the customer.

 

• The validity of offers made by OPENERS & CLOSERS is 15 calendar days from the date of issue, unless otherwise agreed in writing. This means that the customer has 15 calendar days to accept the offer and make the purchase before it becomes invalid. If the customer wishes to accept the offer after its validity has expired, a new offer must be requested from OPENERS & CLOSERS.

 

8. Orders and Invoices

 

• Orders placed by the customer are considered binding, which means that the customer agrees to purchase the products and services ordered. In the event that changes need to be made to a confirmed order, it is recommended that the customer contact OPENERS & CLOSERS as soon as possible. If the sourcing of materials or manufacturing of products has not yet begun, OPENERS & CLOSERS will make every effort to accommodate the customer's change requests.

 

• It is important to note that any changes to a confirmed order may affect delivery times and costs, so it is essential that the customer communicates change requests in a timely manner. In the event that production has already begun, it is not guaranteed that changes can be made to the order.

 

• OPENERS & CLOSERS works with LEAN and JIT methodology for order processing. If the production of products and services has already started, additional charges and/or penalties may be incurred if the order is cancelled. These additional charges are intended to cover the costs incurred in the production of the products and services up to the date of cancellation.

 

• Therefore, it is strongly recommended that any changes to confirmed orders be communicated to OPENERS & CLOSERS as soon as possible to avoid unnecessary charges and penalties. The costs incurred for production are equivalent to a minimum amount of 20% of the net invoice amount plus VAT. The customer will be responsible for covering these additional costs in case of cancellation of the order after production has started.

 

• Any product sample requested by the customer shall be invoiced at the corresponding price at the time of delivery. In the event that the customer decides to place an order in relation to the sample, the amount of the sample will be deducted from the invoice corresponding to the order. It is also made known that the costs associated with the shipment and transport of samples shall be borne by the customer, unless otherwise expressly agreed.

 

• Customer acknowledges that product samples are provided solely for the purpose of allowing Customer to examine and evaluate the products prior to placing an order. Customer shall be responsible for any damage or loss of product samples provided by OPENERS & CLOSERS, and shall report any such damage or loss within three business days after delivery of the samples. The customer acknowledges that the ownership and intellectual property rights in relation to the product samples remain the sole property of OPENERS & CLOSERS.

 

• Notwithstanding the above, OPENERS & CLOSERS reserves the right to cancel any order if there is a problem related to the stock of the product, if the product has been discontinued, if an error has been detected in the price or if the customer has not respected any of the conditions set out in the General Terms and Conditions of Sale. OPENERS & CLOSERS will notify the customer as soon as possible of the cancellation of the order and will offer a full refund of the amount paid. It is important to note that the cancellation of the order will not imply any acceptance of legal responsibility on the part of OPENERS & CLOSERS.

 

• It is also important to note that invoices issued by OPENERS & CLOSERS must be paid in full by the customer within the agreed deadline. In case of late payment, interest on late payment and corresponding charges determined by Law 3/2004 will be applied. If the customer has any doubts or problems with the invoice, it is recommended that he/she contact OPENERS & CLOSERS as soon as possible to resolve the situation effectively and avoid possible delays in the delivery process.

 

• The customer is responsible for providing OPENERS & CLOSERS with accurate and up-to-date information when placing an order for products and services. If the customer's email address, mailing address or other relevant information changes after placing an order, the customer must notify OPENERS & CLOSERS immediately so that the information can be updated.

 

• Our goal is to ensure customer satisfaction at all times, and although rarely necessary, we reserve the right to cancel orders if necessary to protect the interests of both parties. If the customer has any questions or concerns regarding order cancellation policies, they may contact us for advice and guidance.

 

9. Prices and Payment Methods

 

• OPENERS & CLOSERS offers net prices that do not include applicable taxes, duties or other additional charges. Shipping costs will be calculated and added to the final order price at the time of purchase. All other costs related to the purchase of the product will be duly informed in the order and invoiced accordingly.

 

• The applicable unit prices shall be those of the price list in effect at the time of delivery. Any price reduction for discount shall require an express written agreement. OPENERS & CLOSERS reserves the right to cancel a customer's discount entitlement if no purchases have been made within 6 months.

 

• In the event of default, a significant deterioration in the financial situation or insolvency of the customer, OPENERS & CLOSERS may suspend delivery or request immediate advance payment of all receivables, including those not yet due.

 

• The customer shall be deemed to be in default of its payment obligations in the following cases:

 

• If you are in arrears in the payment of 50% of the overdue obligations.
• If legal proceedings have been initiated against the customer to demand payment.

 

• OPENERS & CLOSERS reserves the right to change prices at any time without notice. However, every effort will be made to ensure that any price changes do not affect orders already placed by customers.

 

• In the case of orders with partial deliveries and longer than 6 months, OPENERS & CLOSERS reserves the right to make corresponding price adjustments in case of significant changes in wages, raw materials and other production costs. In such cases, customers are entitled to request the necessary documentation to substantiate such factors and increases.

 

• It is important to note that OPENERS & CLOSERS strives to offer competitive pricing and convenient payment options to ensure customer satisfaction. If the customer has any questions or concerns regarding price or payment method, they may contact us for advice and guidance.

 

10. Transportation

 

• Regarding transportation conditions, they may vary depending on the terms agreed in each specific sales contract. However, in general, OPENERS & CLOSERS usually works under the term EXW (Ex Works), which means that the customer is responsible for arranging and paying for the transportation and insurance necessary to get the products from OPENERS & CLOSERS 's facilities to the final destination.

 

• In addition, OPENERS & CLOSERS undertakes to make the products available to the customer at its facilities on the agreed date and under the agreed conditions, and to provide the necessary documentation for the export of the products, such as commercial invoices, certificates of origin and other required customs documents.

 

• It is important to note that transport and delivery conditions can be a key element in customer satisfaction and business success. For this reason, OPENERS & CLOSERS usually offers advice and transport and delivery options to its customers, and works with reliable transport and logistics providers to ensure that products arrive at their destination in the best conditions and within the agreed timeframe.

 

• OPENERS & CLOSERS is committed to complying with the applicable regulations and standards regarding transportation and delivery, both nationally and internationally, in order to ensure the quality and integrity of its products and services and to guarantee the satisfaction of its customers.

 

11. Product Delivery

 

• OPENERS & CLOSERS undertakes to deliver the products within 30 calendar days from the date of order confirmation, provided that there are no circumstances that prevent it. In the event that a different delivery time is agreed upon by both parties, it will be respected by both parties. However, the delivery times indicated by OPENERS & CLOSERS are merely informative and non-binding, unless otherwise agreed in writing.

 

• OPENERS & CLOSERS will endeavor to meet the stated delivery dates, but shall not be liable for delays due to unforeseen circumstances or circumstances beyond its control. In the event that delivery is not possible within the agreed delivery time, the customer will be informed of the new expected delivery date and the reasons why the agreed delivery time could not be met.

 

• Delivery will be made to the address specified by the customer at the time of purchase. It is the customer's responsibility to provide an accurate and complete address to avoid delivery delays. If it is not possible to deliver to the address provided, the customer will be notified and an alternative address will be arranged.

 

• If at the time of delivery there is no one at the address specified by the customer, the carrier will leave a notice of attempted delivery and the customer must contact the carrier to arrange a new delivery date. If after three delivery attempts the customer has not picked up the products, OPENERS & CLOSERS reserves the right to cancel the order and not to refund the amount of the order.

 

• Shipping costs shall be borne by the customer, unless otherwise agreed between both parties. The amount of shipping costs will be calculated according to the weight, volume and destination of the products ordered by the customer.

 

• It is the customer's responsibility to check the product upon receipt and notify OPENERS & CLOSERS within 48 hours of any defect or damage that has occurred during transport or delivery. If not notified within this period, the product will be deemed to have been delivered in good condition.

 

• If the customer does not inform OPENERS & CLOSERS within the indicated period, it will be understood that the delivery has been made correctly and no further claims will be accepted. Furthermore, in the event of any delay in delivery, OPENERS & CLOSERS undertakes to inform the customer as soon as possible and to offer a new estimated delivery date.

 

• In the event that the customer is unable to receive the product at the address indicated at the time of delivery, OPENERS & CLOSERS reserves the right to charge an additional fee for any additional transportation and storage costs that may arise.

 

• OPENERS & CLOSERS reserves the right to deliver the products in parts and to invoice each delivery separately.

 

12. Domain Reservation

 

• OPENERS & CLOSERS reserves the right of ownership of the products sold until full payment of the purchase price. Consequently, the ownership of the delivered products will not be transferred to the customer until the customer has fulfilled all payment obligations.

 

• The customer must keep the products sold in good condition and take all necessary measures to protect them against loss, damage or destruction. In addition, the customer may not sell, assign, mortgage, pledge or dispose of the products sold until full payment has been made.

 

• In the event that the customer fails to comply with its payment obligations, OPENERS & CLOSERS shall have the right to claim the immediate return of the products delivered and the customer is obliged to deliver them in perfect condition without prejudice to the right of OPENERS & CLOSERS to claim the corresponding damages.

 

• Any dispute arising in connection with the domain reservation shall be resolved by the competent courts and tribunals in accordance with the applicable legislation in Spain.

 

13. Warranty

 

• OPENERS & CLOSERS warrants that the products delivered meet the order specifications and are free from manufacturing defects. This warranty extends only to products purchased directly from OPENERS & CLOSERS and does not cover products sold by third parties.

 

• The warranty covers any manufacturing or operational defects in the product during the warranty period, provided that the product has been used in accordance with the manufacturer's instructions and for its intended purpose.

 

• If a defect covered by the warranty occurs during the warranty period, OPENERS & CLOSERS agrees to repair or replace the product at its discretion and without charge to the customer. To file a warranty claim, the customer must notify OPENERS & CLOSERS immediately upon discovery of the defect and provide a copy of the purchase invoice and a detailed description of the problem.

 

• In addition to the warranty Fail-secure, if the product does not meet the published specifications or promotions offered by OPENERS & CLOSERS at the time of purchase, the customer may return the product within 30 calendar days for a full refund.

 

• This warranty does not cover normal wear and tear of the product, or damage caused by misuse, abuse, neglect, accident or unauthorized modification of the product. The warranty shall be limited to repair or replacement of the product at the discretion of OPENERS & CLOSERS.

 

• Any additional expenses, including shipping, labor, repair and other similar expenses, shall be borne by the customer. In addition, OPENERS & CLOSERS shall not be liable for any expenses not previously authorized in writing by the company.

 

• The European Union establishes a minimum warranty of 1 year for business-to-business products, as set forth in Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees. This Directive establishes that business-to-business products must be in conformity with the sales contract and that, in the event of any defect, the seller must repair or replace the product within the one-year warranty period.

 

• In Spain, the minimum warranty established by law for products sold between companies is 1 year, in accordance with Article 123 of the Consolidated Text of the General Law for the Defense of Consumers and Users (TRLGDCU).

 

• In addition to the minimum legal warranty, the parties may establish in the sales contract additional warranties that extend the coverage or duration of the legal warranty, provided that these warranties do not limit or restrict the rights recognized to the customer by the legislation in force.

 

• If the customer discovers any defect in the product during the warranty period, he/she must notify our customer service immediately and, in any case, within a reasonable period not exceeding 15 calendar days from the date of delivery of the product. The customer must allow our technical team to inspect the product to determine the cause of the defect and verify whether it is covered by the warranty.

 

• It is important to note that, if the customer does not comply with this deadline, they could lose their right to request a refund or any other type of compensation related to the product warranty. Therefore, it is essential for the customer to be aware of any problems or defects in the product, and to immediately notify the company's customer service department, so that they can take the necessary measures in the shortest possible time and ensure customer satisfaction.

 

• The deadline for reporting hidden defects in products may vary depending on the applicable legislation in each country. In the case of Spain, article 1490 of the Civil Code establishes that the customer must report hidden defects within a period not exceeding 6 months from the date of discovery, under penalty of forfeiting the right of action. In accordance with this provision, OPENERS & CLOSERS informs its customers that they must file any claim related to hidden defects in its products within such period.

 

• Customer agrees that the foregoing warranty is the only warranty provided by OPENERS & CLOSERS with respect to the products and that there are no other warranties, express or implied.

 

14. Returns

 

• OPENERS & CLOSERS product return terms state that customers may return products within a maximum period of 14 calendar days from the date of delivery, provided that the products are in perfect condition and have not been used.

 

• To make a return, the customer must inform OPENERS & CLOSERS in writing, specifying the reason for the return. Once the return request has been received, the customer will be provided with instructions on how to return the product.

 

• Return shipping costs will be the responsibility of the customer, unless the return is due to a shipping error on the part of OPENERS & CLOSERS.

 

• OPENERS & CLOSERS will not accept returns of products that have been customized or manufactured specifically for the customer, unless there is a manufacturing defect or error on the part of the company.

 

• Once OPENERS & CLOSERS receives the returned product and its condition is checked, the following options will be offered to the customer:

 

• Request repair or replacement of the product.
• Request a refund of the corresponding amount.

 

• OPENERS & CLOSERS understands that customers may need to return a product and is committed to providing a fair and transparent return policy. Returns will be accepted as long as they comply with the established requirements and procedures. In case of returns without justified reason or mistakes by the customer, we reserve the right not to accept the return and not to proceed with the refund of the corresponding amount, or to pass on the costs incurred in the manufacture and management of the return to the customer. This process will be carried out with total transparency and the customer will be informed of the associated costs before proceeding with the return.

 

15. Intellectual Property

 

• All intellectual property rights related to the products and services offered by OPENERS & CLOSERS, including, but not limited to, patents, trademarks, designs, utility models, trade names, copyrights and trade secrets, are the exclusive property of OPENERS & CLOSERS. The customer does not acquire any intellectual property rights to the products and services of OPENERS & CLOSERS.

 

• Customer agrees to use OPENERS & CLOSERS products and services in accordance with applicable laws and regulations and in a manner not infringing OPENERS & CLOSERS intellectual property rights. Customer may not reproduce, modify, distribute, publicly display, transmit, sell, rent, license or otherwise exploit OPENERS & CLOSERS products and services without the express written consent of OPENERS & CLOSERS.

 

• If the customer provides OPENERS & CLOSERS with information or material containing intellectual property rights, the customer warrants that it has the necessary rights to provide such information or material and that its use by OPENERS & CLOSERS does not infringe the intellectual property rights of any third party.

 

• Customer shall be liable for any infringement of OPENERS & CLOSERS or third party intellectual property rights arising from the use of OPENERS & CLOSERS products and services in violation of these terms. Customer agrees to indemnify and hold harmless OPENERS & CLOSERS, its employees, agents and representatives from any liability, loss or damage resulting from such infringement.

 

• OPENERS & CLOSERS reserves the right to take any legal action necessary to enforce its intellectual property rights and to protect against infringement of the intellectual property rights of third parties.

 

16. Use of Trademarks

 

• OPENERS & CLOSERS is the owner of all registered and unregistered trademarks, logos, trade names, symbols and other distinctive elements related to the company.

 

• Employees, contractors, suppliers, distributors, affiliates and any other person authorized by OPENERS & CLOSERS may use the company's trademark only for legitimate business purposes and in accordance with these terms of use.

 

• Anyone wishing to use the OPENERS & CLOSERS mark must obtain prior written authorization from the company. This authorization must be specific and detailed, and must include the form and context in which the mark will be used.

 

• The OPENERS & CLOSERS mark may not be used in any manner that is misleading, deceptive, derogatory, defamatory, unlawful or inappropriate. Nor may the mark be modified or altered, or used in combination with other marks or names that are likely to cause confusion.

 

• Products or services marketed under the OPENERS & CLOSERS brand must meet the company's quality and image standards. The company reserves the right to withdraw its authorization for the use of the trademark in the event of any non-compliance.

 

• The Company reserves the right to monitor and control the use of its trademark at all times. If unauthorized or inappropriate use of the trademark is detected, the company will take the necessary measures to protect its intellectual property and corporate image.

 

• Any person using the OPENERS & CLOSERS trademark agrees to indemnify and hold the company harmless for any claims, damages or injuries arising from the use of the trademark, including legal fees and associated costs.

 

• These trademark terms of use are effective indefinitely and apply to any person authorized by OPENERS & CLOSERS to use its trademark.

 

• In summary, the use of the OPENERS & CLOSERS trademark is subject to specific restrictions and obligations aimed at protecting the Company's intellectual property and corporate image. Any person wishing to use the trademark must obtain prior written authorization from the company and comply with the terms of use established.

 

17. Confidentiality of Information

 

• Confidential Information is defined as any knowledge, data, information, technique, strategy or material that is not public knowledge and that, by its nature, must be kept secret and protected to prevent its disclosure, misuse, alteration, destruction, theft or unauthorized copying.

 

• These confidentiality terms apply to all information, whether verbal or written, technical or non-technical, relating to OPENERS & CLOSERS and its business, which is provided to the customer.

 

• The information provided to the client will be treated confidentially and will not be used for purposes other than those agreed upon. The customer undertakes to protect the confidential information of OPENERS & CLOSERS and not to disclose it to third parties without express authorization from the company. The information shall not be used for the benefit of himself or third parties, and shall be treated with due diligence and care.

 

• The terms of confidentiality shall not apply to information that is in the public domain or that has been legally disclosed by the client. Nor do they apply in cases where the information must be disclosed in compliance with a court order or any other legal obligation.

 

• In the event that the return or destruction of confidential information provided by OPENERS & CLOSERS is required, the customer agrees to return or destroy the information in a secure manner and to provide OPENERS & CLOSERS with written confirmation of compliance with this obligation.

 

• In case of breach of the terms of confidentiality, the customer will be liable for any damages arising therefrom. Furthermore, OPENERS & CLOSERS reserves the right to take legal action to protect its intellectual property and confidential information.

 

• These confidentiality terms shall be in effect indefinitely and shall apply to all information provided by OPENERS & CLOSERS to the customer until expressly agreed otherwise.

 

• In summary, the confidentiality terms established by OPENERS & CLOSERS and applicable to the client seek to protect the company's confidential information and establish a series of obligations and restrictions for the client receiving it. The client agrees to treat the information with due diligence and care, and to protect the information from unauthorized disclosure.

 

18. Limits and Exclusion of Liability

 

• OPENERS & CLOSERS makes every effort to ensure that the information provided on its website and in the products and services offered is accurate and up to date. However, the accuracy and reliability of the information provided cannot be guaranteed and, therefore, OPENERS & CLOSERS shall not be liable for any damage, loss or injury that may result from the use of the information provided.

 

• Furthermore, OPENERS & CLOSERS shall not be liable for any damages or injury arising from the use of its products or services. This includes, but is not limited to, indirect or consequential damages, loss of profits or revenue, loss of business or business interruption. In addition, any measures necessary to limit the occurrence or increase of damages from the customer's knowledge shall be the sole responsibility of the customer and OPENERS & CLOSERS shall have no obligation to do so.

 

• In the event of any errors in the information provided on the OPENERS & CLOSERS website, in the products or services offered, or in the processing of orders, OPENERS & CLOSERS reserves the right to correct such errors without any liability to the customer.

 

• In any case, OPENERS & CLOSERS shall not be liable for any amount exceeding the total price paid by the customer for the products or services in question.

 

• It is the customer's responsibility to ensure that the products or services provided by OPENERS & CLOSERS are suitable for their specific needs.

 

19. Safeguarding the Environment and Sustainable Development

 

• At OPENERS & CLOSERS we are committed to environmental protection and sustainable development. We are aware that our operations can have an impact on the environment, so we strive to minimize our impact and promote sustainability.

 

• We are committed to complying with all applicable environmental laws and regulations in all areas in which we operate. In addition, we promote the conservation of natural resources and the reduction of greenhouse gas emissions in all our activities.

 

• We ensure that our production process is as sustainable as possible, using recyclable and biodegradable materials wherever possible. In addition, we strive to minimize our waste and reduce our carbon footprint.

 

• At OPENERS & CLOSERS, we take our role in promoting sustainable development seriously. We work to ensure that our operations are responsible and sustainable, and we strive to be leaders in environmental protection and sustainable development.

 

• Customers can also contribute to the preservation of the environment by properly disposing of products at the end of their useful life, following local waste disposal regulations and guidelines.

 

• Thank you for choosing OPENERS & CLOSERS as your trusted supplier. Together we can work to create a more sustainable future for all.

 

20. Force majeure

 

• OPENERS & CLOSERS undertakes to fulfill all its contractual obligations within the framework of its business activity. However, in exceptional situations and beyond the company's control, such as situations of force majeure, including pandemics, earthquakes, fires, floods, labor disputes and any other event of a similar nature that makes it impossible to fulfill contractual obligations, the company shall not be liable for any failure or delay in the performance of its contractual obligations.

 

• In the event of a force majeure situation, OPENERS & CLOSERS undertakes to immediately notify the affected customer, providing all relevant information about the situation and its implications on the performance of contractual obligations.

 

• The Company reserves the right to modify or temporarily suspend the performance of the contractual obligations affected by the force majeure situation, without incurring any liability for doing so. In any case, OPENERS & CLOSERS undertakes to use its best efforts to minimize the impact of the force majeure situation on the performance of the contractual obligations, if and when possible.

 

• In the event that the situation of force majeure lasts for a period of time that makes it impossible to fulfill the contractual obligations, the affected parties shall be entitled to terminate the contract by mutual agreement, without either party being entitled to claim any compensation for the breach of the contractual obligations.

 

• The force majeure terms set forth herein shall apply to all contractual obligations in force between OPENERS & CLOSERS and its customers, without prejudice to the applicable legislation on force majeure and its interpretation by the competent authorities.

 

• Acceptance of these General Terms and Conditions of Sale implies the customer's agreement with the conditions set forth in relation to force majeure situations, including pandemics, and their impact on the performance of contractual obligations.

 

21. Personal Data Protection

 

• OPENERS & CLOSERS is committed to protecting the privacy of its customers and users in accordance with current legislation on the protection of personal data.

 

• The personal information we collect, including but not limited to name, address, e-mail address and telephone number, is used exclusively for the purposes of order management, sending news and special offers, customer service and other specific purposes for which the user has given express consent.

 

• OPENERS & CLOSERS undertakes to treat the personal information of its users with the utmost confidentiality and not to share it with third parties without the prior consent of the owner of the data, except in those cases where the law requires it or when it is necessary to fulfill contractual obligations.

 

• Users of OPENERS & CLOSERS have the right to access, rectify, cancel or oppose the processing of their personal data, at any time and free of charge. To exercise these rights, the user must contact our customer service department through the means of contact specified on our website.

 

• OPENERS & CLOSERS ensures the security of its users' personal information by implementing appropriate technical and organizational measures to protect against unauthorized access, misuse or disclosure.

 

• Acceptance of these General Terms and Conditions of Sale implies the user's agreement with the personal data processing practices of OPENERS & CLOSERS and acceptance of the conditions set forth in our Privacy Policy.

 

• OPENERS & CLOSERS reserves the right to modify these Terms of Personal Data Protection at any time, and undertakes to publish any changes on our website so that users are duly informed.

 

22. Non-Competition

 

• These terms establish the conditions under which the customer agrees not to compete with the company, either during or after the business relationship.

 

• In this regard, the customer agrees not to use the confidential information or intellectual property of OPENERS & CLOSERS for its own benefit or to compete with the company. Furthermore, the customer undertakes not to engage in commercial activities similar to those of the company, either directly or indirectly, for the duration of the business relationship and for a reasonable period after its termination.

 

23. Limitations by Law or Administrative Act

 

• If either party is limited in the exercise of its rights or obligations under these General Terms and Conditions of Sale, as a result of any applicable Law or administrative act, such party shall immediately notify the other party of such limitation, providing the relevant information about the same.

 

• The parties agree to negotiate in good faith to modify the sales contract to the extent necessary to comply with any applicable law or administrative act limiting their rights or obligations under these General Terms and Conditions of Sale. If an agreement cannot be reached, the parties agree to seek a solution that protects the interests of both parties to the extent possible.

 

• The limitation on the rights or obligations of one of the parties shall not be considered as a breach thereof. If the limitation is of a temporary nature, the parties agree to resume performance of the obligations and rights once such limitation has been removed.

 

24. Applicable law and jurisdiction

 

• These General Terms and Conditions of Sale are governed by Spanish Law. Any dispute arising out of or in connection with these General Terms and Conditions of Sale shall be resolved by good faith negotiations.

 

• If it is not possible to reach an agreement through negotiations, any dispute, controversy or claim arising out of or relating to these General Conditions, including their conclusion, interpretation, performance, breach, termination or invalidity, shall be resolved by the Courts and Tribunals of Barcelona, which shall have exclusive jurisdiction.

 

25. Contact, Comments and Suggestions

 

• At OPENERS & CLOSERS, we value our customers' opinions and are always looking for ways to improve our products and services. Therefore, we encourage our customers to share their comments and suggestions with us.

 

• If you have any feedback, comments or suggestions about our products or services, you can let us know at any time. We are committed to read and consider every comment and suggestion we receive. If you think we can improve in any area, we will be happy to listen to your ideas and work together to find solutions.

 

• We strive to provide our customers with the best possible experience and believe that feedback is a valuable tool in achieving this goal. We take all customer feedback seriously and are committed to using it to continually improve our products and services.

 

• At OPENERS & CLOSERS, our goal is always to satisfy our customers and provide them with high quality products and services. Therefore, we greatly appreciate your comments and suggestions and look forward to working together to continually improve our company and stay ahead of the market.

 

• You can contact our customer service, who will be happy to help you.

 

Mailing address:

Openers & Closers

Calle Agricultura 17 (nave 12)

08980 Sant Feliu de Llobregat

Barcelona, Spain

 

E-mail: info@openers-closers.com

 

Business Phone and WhatsApp: +34 934080515

 

Thank you for choosing OPENERS & CLOSERS as your trusted supplier. We look forward to hearing your comments and suggestions to improve our company and continue to provide you with high quality products and services.