Terms and Conditions

General Terms and Conditions of SH INTERNACIONAL, SLU, distributor of Tuboconex.es, for sale and delivery

1. Scope

Any general terms and conditions of purchase of the buyer that conflict with our terms and conditions shall be deemed invalid, even if they are included in the order and we do not expressly object to their content. Acceptance of our services shall in no case constitute tacit acceptance of deviating terms and conditions. In case of doubt, acceptance of our products shall be deemed acceptance of our General Terms and Conditions at the latest. This shall also apply if the buyer provides for the exclusion of deviating terms and conditions in their own terms and conditions.

These General Terms and Conditions shall also apply to all subsequent transactions.

Amendments and additions to the contract and these terms and conditions are only valid if confirmed by us in writing.

By placing an order via the online shop, by telephone or by email with Tuboconex.es (SH INTERNACIONAL, SLU), you accept these terms and conditions.

Our team will be happy to advise you personally by telephone on selecting your products.

2. Contracting Parties

Tuboconex.es (SH INTERNACIONAL, SLU)
C/ de la Closa, Xalet Cabanes, AD300 Llorts, Ordino

3. Terms and Conditions of Sale / Validity

These terms and conditions of sale are effective immediately and supersede all our previous provisions. We reserve the right to adjust prices in response to market changes. In the case of contracts with consumers, price changes shall not affect orders that have already been confirmed.

4. Orders

• a) Orders are considered binding on the customer and are only legally binding on us once we have sent an order confirmation or invoice.
• b) In the event of force majeure (e.g. strikes, natural disasters, pandemics, customs formalities, transport blockades or other circumstances beyond our control), we shall be released from our contractual obligations for the duration of the hindrance.

5. Prices

The prices quoted are in euros (€) and include the value added tax (VAT) applicable at the time of purchase, unless expressly stated otherwise. A detailed breakdown of VAT and delivery costs will be calculated and displayed before the order is completed. The statutory VAT rate of 21% is only applied upon completion of the purchase in the shopping cart. The prices quoted apply to end customers.

Our offers are valid for 7 calendar days from the date of issue. We reserve the right to adjust prices and terms and conditions in response to market changes.

We offer special trading terms for businesses and resellers. In the event of a purchase enquiry for unusually large quantities, we will first send you a personalised quote with special terms.

6. Delivery

The delivery area covers mainland Spain. The following islands are also supplied, subject to an island surcharge:

• Balearic Islands: 07000–07999
• Canary Islands: 35000–35999 and 38000–38999

You will normally receive the products you have ordered within 6 to 8 working days of receipt of payment. If we are unable to deliver within this period, we will inform you accordingly. The delivery dates stated are non-binding. We therefore accept no liability for damages or loss of profit resulting from delays. The customer may only terminate the contract due to delay if they have fulfilled all their contractual obligations (provision of the necessary documents and approvals, agreed payment, etc.) on time and a grace period of at least 3 months set by them has elapsed without result. Even in this case, the customer is not entitled to compensation. We reserve the right to make partial deliveries and advance deliveries.

Please note: Transport damage
Damage caused in transit must be reported within 3 working days of receipt of the goods.

7. Shipping charges

Delivery charges are clearly displayed before the purchase is completed and are based on the size, weight and delivery address of the order. Deliveries to the following areas are subject to an additional surcharge, which is displayed before the order is confirmed:

• Balearic Islands: 07000–07999
• Canary Islands: 35000–35999 and 38000–38999

8. Availability

The sale is subject to product availability. If the product is unavailable after the order has been confirmed, we will inform the customer as soon as possible and refund the amounts paid.

9. Jurisdiction and Applicable Law

This contractual relationship is governed by the laws of the Principality of Andorra and/or Spain, depending on the place of delivery of the product or the consumer’s place of residence. In the event of a dispute, the courts of Andorra shall have jurisdiction, unless otherwise provided for by the applicable consumer protection regulations. In such cases, the courts at the consumer’s place of residence shall have priority.

10. Information

For further information, please contact us by email at info@tuboconex.es.

11. Data processing

All personal data collected on our website www.tuboconex.es is processed in accordance with the applicable data protection regulations, in particular Regulation (EU) 2016/679 (GDPR), Law 29/2021 of 28 October on the Protection of Personal Data and applicable Spanish legislation. SH INTERNACIONAL, SLU is the data controller and ensures that the data is used exclusively for order processing, customer service and other legitimate purposes.

12. Right of withdrawal

Information on the right of withdrawal

Withdrawal period

The withdrawal period is 14 days from the day on which you or a third party designated by you (who is not the carrier) took physical possession of the goods. Within this period, you may withdraw from the contract without giving any reason.

Exercising the right of withdrawal

To exercise your right of withdrawal, you must provide us with the following statement:

SH INTERNACIONAL, SLU
Tuboconex Spain
Email: info@tuboconex.es

by means of a clear statement (e.g. a letter sent by post or an email), in which you express your decision to withdraw from the contract. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the deadline expires.

Return of goods

You must return or hand over the goods to us without delay and in any event no later than 14 days from the day on which you notified us of your decision to withdraw. The deadline is deemed to have been met if you return the goods before the 14 days have expired.

Return costs

You shall bear the direct costs of returning the goods. For goods which, due to their nature, cannot be returned by standard post, these costs are estimated at a minimum of €300.

Refund of the purchase price

We will refund all payments we have received from you, minus the delivery costs, no later than 14 days from the day on which we received your notice of withdrawal. We may withhold the refund until we have received the goods back in good condition and within the specified time limit. We will use the same payment method for the refund as you used for the original transaction, unless expressly agreed otherwise.

Exclusions from the right of withdrawal

The right of withdrawal does not apply to the following goods or contracts:

• Bespoke or customised products.
• Goods manufactured to the customer’s specifications.
• Materials and pipes that have been individually cut or adapted.
• Pipes that were not supplied in the standard minimum length.
• Contracts for the supply of non-prefabricated goods which are manufactured in accordance with the consumer’s individual selection or decision, or are clearly tailored to their personal needs.
• Contracts for the supply of goods which, by their nature, have become inseparably mixed with other goods after delivery.

13. Warranty

In the event of serious defects in the goods delivered or other services provided, we shall, in accordance with the applicable consumer protection regulations offer either to repair or replace the product. Any warranty is excluded if the product is used improperly or contrary to the instructions.

Tuboconex.es (SH INTERNACIONAL, SLU) accepts no liability for damage not caused to the goods themselves; in particular, Tuboconex.es (SH INTERNACIONAL, SLU) accepts no liability for loss of profit or other financial losses suffered by the purchaser. Insofar as the contractual liability of Tuboconex.es (SH INTERNACIONAL, SLU) is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.

This limitation of liability shall not apply if the damage is attributable to wilful misconduct or gross negligence, or in the case of personal injury. If Tuboconex.es (SH INTERNACIONAL, SLU) negligently breaches a material contractual obligation, the liability for compensation for property damage shall be limited to the typically foreseeable damage.

Obvious defects must be reported in writing and without delay, at the latest within three days of receipt of the delivery. All warranty claims shall lapse in the event of improper use. Returns of custom-made pipes or pipes supplied in maximum lengths will not be accepted.

14. Payment

• 1a) The purchase price is due in full and without deduction upon receipt of the invoice, unless other payment terms have been agreed in writing. In the event of late payment, default interest shall be payable at the statutory rate under the applicable legislation, unless another interest rate has been expressly agreed. We reserve the right to suspend the fulfilment of our own obligations until full payment has been made. The place of payment is our registered office in Andorra.
• Payments may only be made directly to us; our representatives are not authorized to accept payments. Without our consent, payments made in any other way shall not release the customer from their obligations.
• In the case of instalment payment agreements, failure to pay an instalment shall result in the entire outstanding invoice amount becoming due and payable immediately.
• If the acceptance of bills of exchange has been agreed, these shall be accepted solely for payment purposes. Set-off against claims the customer may have against us is excluded. Payments received shall always be credited first to interest and then to the principal; in the case of instalment payments, to the oldest instalment, and in the case of multiple debts, to the oldest debt, irrespective of any contrary instructions from the customer.
• 1b) In the event of cancellation of the contract by the customer, we reserve the right – provided we agree to the cancellation – to claim damages and loss of profit or to charge a cancellation fee of up to 25% of the value of the goods purchased, including all additional costs.

15. Retention of title

• 1a) The goods shall remain our property until the purchase price, including interest and any collection costs incurred, has been paid in full. In the event of payment by bill of exchange, the goods shall remain our property until the bill of exchange has been honoured. During this period, the customer is not entitled to pledge the goods, assign them as security or transfer them to third parties without our express consent. The customer must inform us immediately by registered post of any damage to the purchased goods, any attachment or removal of the goods, and must take appropriate measures to protect our property rights.
• 1b) Insofar as the Customer resells goods subject to our retention of title in the course of its ordinary business operations, it hereby irrevocably assigns to us all claims and ancillary rights arising from these transactions against third parties. Upon our request, the customer must inform us of the debtor and provide all necessary details so that we may assert our rights, and must notify the debtor of the irrevocable assignment of the claims. The customer is entitled and obliged to collect the claim arising from the resale on our behalf, provided that we do not exercise our right to collect the claim directly.

16. Dispatch and Transfer of Risk

Shipment is at the expense and risk of the buyer if the buyer is acting as a trader or a business. In such cases, the risk passes to the buyer at the time the goods are handed over to the carrier, logistics service provider or the person commissioned to carry out the shipment.

If the buyer is a consumer, the risk shall not pass to them until they or a third party designated by them take physical possession of the goods, unless the consumer has organised the transport themselves and this is carried out outside the scope of the transport offered by the seller.

The buyer authorises us to insure each shipment against transport risks at their expense. However, we are not obliged to do so. Transport damage must be reported immediately, but no later than 3 days after receipt of the delivery, using the carrier’s delivery note. In order to assess any damage caused in transit, the recipient must provisionally accept the delivery, even if damage has occurred.

If shipment is delayed at the buyer’s request, storage fees at our premises shall be charged from the month following the date on which the goods are ready for shipment, amounting to at least 0.5% of the invoice amount per month or part thereof. We reserve the right to insure the goods ready for dispatch at the buyer’s expense. This also applies if dispatch is delayed for reasons attributable to the buyer. We are also entitled, after setting a reasonable deadline and its fruitless expiry, to dispose of the goods in another manner and to deliver them to the buyer within a reasonably extended period.

If shipment is delayed at the buyer’s request or due to reasons for which they are responsible, the risk shall pass to them from the date on which the goods are ready for shipment. We may choose the packaging materials and shipping methods without liability, unless the customer has specified otherwise before the delivery period expires. Packaging materials will not be taken back. The goods will be shipped as soon as we have received your payment.

17. Severability Clause

Should individual provisions of these General Terms and Conditions be wholly or partially void or invalid, the validity of the remaining provisions shall remain unaffected. In such a case, the contracting parties shall replace the invalid provision with a valid provision, that comes as close as possible to the economic and legal objectives of the invalid provision.