All sales of HUGUET products are subject to the following general conditions.
If you have any questions relating to our general Terms and Conditions, you can contact us via the following email address: info@huguetmallorca.com.
Electronic data storage and accessibility:
We archive all electronic data agreed upon within the contract. If you wish to gain access to this archived information, we will be happy to send you this; please send us an email to the address listed under the “Identification” clause below.
Identifying and correcting data entry errors:
Should there be any errors in your data, you can make us aware of them by writing to us at the email address listed under the “Identification” clause below, to request that the data be corrected.
1. Identification
HUGUET RAJOLES HIDRAULIQUES SL (“HUGUET”), with registered offices at: CAMÍ VELL DE CIUTAT Nº 33 (07630 CAMPOS) MALLORCA, BALEARIC ISLANDS, SPAIN with N.I.F. B07932429, registered in the Mercantile Registry NUM.3 OF PALMA DE MALLORCA, in volume 1635, Folio 125, Page PM-31541. We can be reached by telephone on: (+34) 971650609 and via email: info@huguetmallorca.com
2. Scope of application
These conditions will apply to all orders placed via any channel, including email. By placing an order, the customer accepts all these conditions, which constitute the entire agreement between the customer as purchaser and HUGUET as product supplier.
HUGUET reserves the right to modify these conditions at any time, in order to comply with changing legal, economic or operational requirements. Any modifications which are made, will not be applied retroactively, and will come into force once published.
3. Product information
Two types of products are available for purchase by our customers:
- “Finished products”. Hydraulic tiles, sinks, tables, countertops, or any other objects that HUGUET make available for sale and that are in stock available for purchase.
- “Customised products”. Custom-made products with different designs options, finishes and dimensions, among other things, in accordance with the customer’s own customisation requirement. Likewise, products that are not in stock at the time the order is placed and need to be manufactured specifically for the customer, will also be considered Customised products, given the difficulty associated with reselling these items.
Both types of products may have different conditions of sale, return, expenses, and deadlines, which will be specified in the conditions or will be communicated by HUGUET prior to contracting via any channel, but this is mainly done via email.
HUGUET strives by all the means at its disposal to guarantee a reliable likeness between the products sold and those shown on its website, catalogue, or any other means, although small variations may occur considering the handmade nature of the products, including external factors such as curing or specific customer requirements. This means the company cannot accept responsibility for any variance. The customer accepts that, since these are handmade products, there will be possible variations, which they accept as a unique characteristic of the products and is something that makes them individual and special.
As an example, Huguet products which are manufactured manually with cement, may present variations in tone, size, flatness, pattern definition, combinations of aggregates and sometimes small cracks may appear due to the cement. All these characteristics are common and expected in artisanal products.
4. Maintenance conditions and placement
The maintenance of the products must be carried out in accordance with the instructions found in the maintenance and installation manuals provided by HUGUET to the customer or via the specific conditions communicated to the customer via email on a case-by-case basis. In any case, detailed instruction documentation relating to the installation and maintenance of the products, can be found on the company’s own website.
The manual will be supplied to the customer. In cases where the customer is a professional or intermediary provider, they will be responsible for communicating and transferring the manual and specific conditions relating to the product purchased to the end customer.
5. Order confirmation
5.1. Confirmation
All orders will be subject to acceptance by HUGUET given the entirely handmade nature of these products. HUGUET will confirm the acceptance of your order via email in which the budget, specific conditions of sale and the approximate term in which it can be delivered will be provided.
HUGUET reserves the right not to confirm an order for specific reasons such as: the lack of supply of products or a foreseeable problem regarding delivery or production. HUGUET will nevertheless inform the customer in all instances of these circumstances and if the payment has been made, it this will be reimbursed via credit card or checking account. No liability claims will be accepted in these instances by the company.
5.2. Delivery
The delivery date will be the one communicated to the customer once the order has been accepted by HUGUET along with the quote and order conditions. Delivery timeframes will begin from the date that the payment has been received from the customer and in any case should be considered approximate, given the handmade nature of the products and any delays that may arise as such as a result.
6. Modification of data entry errors
The customer may at any time ask to verify and correct any errors relating to the data provided, by communicating this to HUGUET in writing via the following email address: info@huguetmallorca.com. The customer is responsible, at all times for the accuracy of the data provided and will be responsible for notifying HUGUET of any changes.
7. Considerations
7.1. Price
A sales quote for the products will be prepared by HUGUET in accordance with the specifics of the order, taking into consideration variables such as: the product model, size and quantity. The quote will be valid for a maximum of 3 months from date of issue and may be modified before being approved by the customer in the event that circumstances beyond HUGUET’s control prevent the sale of the products or their shipment at the proposed price in the quote.
HUGUET will send the quote to the customer via email, once the customer has formally accepted such quote, an initial payment of 50% of the value must be made at that time.
Due to the costs associated with the manufacture of these artisanal products, HUGUET will not begin production until the initial payment has been received.
In very specific cases in which samples or approximate simulations are necessary for Customised products, HUGUET will provide a quote for this (if appropriate), which will require the customer to pay for that in full in advance. Once the sample is approved, the production of the order will only begin once 50% of the quote has been paid as an initial payment for the order.
Prior to completing the manufacture of the product, HUGUET will send the customer the relevant invoice requesting the remaining 50%, so that it can be paid prior to collection of the product as a final payment. In any case, payment must be made within a maximum period of fifteen calendar days from the invoice issuing date. In the event of non-payment by the customer, HUGUET will become the depositary of the product and, after 15 days, will charge the customer a daily storage cost of 0.1% calculated on the total value of the quote for the product.
The price of the necessary packaging will be included and shown as a separate line item within the invoice and will depend, among other things including: the number of sealed pallets, the delivery method of the order and the shipment’s destination, in line with the export regulations of each country.
The product prices may change without prior notice, although the customer will be billed according to the price at the time of placing the order.
7.2. Shipping costs
Upon customer’s request, HUGUET can take care of the transportation of the products. The price of transportation will be invoiced as a separate line item in the invoice and will be subject to the conditions and terms of the carrier.
7.3. Payment Methods
The customer can pay by credit card or bank transfer using any of the bank accounts shown at the bottom of the quote or invoice.
8. Transportation
8.1. Transportation arrangements coordinated by Huguet
Should the customer opt for this option, the delivery of the products will be made at street level at the entrance to the building of the delivery address, in which case the customer must expressly indicate any known obstacle or hinderance that might prevent the delivery of the products at the chosen address (e.g., If the street is pedestrian, if access is difficult for delivery trucks, etc). Where HUGUET organises transportation, this will not include the transfer of the material to site locations on any floor or floors. In the event of being unable to locate the customer at the given address, the logistics company will contact the customer via the telephone number provided and, in case of not locating the customer by this means either, the customer will be required to once again pay for the expenses associated with shipping. We will then proceed with arranging delivery of the products back to the address provided by the customer.
8.2. Transport organised by the customer
Notwithstanding the prior clause, the customer may designate a transportation provider of their own choice, as they deem appropriate for the delivery of the products, as long as they notify HUGUET before entering into a contract with the transportation company.
HUGUET is committed to act with the utmost diligence in order to make the product available to the chosen company responsible for the transportation of the product, however, we accept no liability for any delivery delays. The chosen transportation company must have the means to remove the merchandise from HUGUET’s premises themselves.
8.3. Picked up at the store
Should the customer decide to pick-up the products at the HUGUET factory themselves, they must notify us at least two (2) days in advance, it will be possible to pick up the order between 9:00 a.m. and 2:00 p.m., Monday through Friday. The customer must have the means to remove the merchandise from the HUGUET premises themselves.
The purchased products will become the property of the customer when they have received and paid for them in full.
HUGUET will in no case be responsible for delays or impossibility of delivery due to factors beyond its control, such as, for example, customs retentions.
9. Right of Withdrawal
Customers are entitled to exercise their right of withdrawal within a period of fourteen (14) calendar days from the date of receiving the product, in all those cases in which the right of withdrawal is applicable, these include contracts signed remotely and outside of the premises and where the product is a Finished Products. In this case, all payments received from you will be reimbursed, including shipping costs when these have been borne by HUGUET, unless you have chosen a delivery method other than the least expensive method.
In any case, the customer will be responsible for the cost of returns and any associated costs such as, for example, customs fees. To exercise the right of withdrawal, you must notify HUGUET, in the following manner, in writing at: Cami Vell de Ciutat, 33, 07630 Campos, Mallorca, Balearic Islands, Spain, by calling telephone number: +34 971 65 06 09 or via email: info@huguetmallorca.com.
Once we have received your right of withdrawal request, we will notify you via email confirming receipt and our customer service department will contact you to inform you of how to proceed with the return of the products.
No refunds will be made if the products have been used beyond the mere opening of the packaging, if these are not found to be in the same conditions in which they were delivered or if they have suffered any damage, in such cases the costs of returning the items to the customer will not be absorbed by Huguet.
Likewise, the customer will not be able to exercise the right of withdrawal in the event that the purchase has been on premises (given the fact that these are Customised products) or those that have already been installed.
The product is the responsibility of the customer until the item has been received at our registered premises and its condition verified, as such we recommend that you retain proof of shipment.
The product must be returned in perfect condition and properly packaged on a sealed pallet, then once the product has been examined, you will then be informed if you are entitled to a refund or not. If successful, we will process it as soon as possible and, in any case, within a 14 calendar days term from the date on which you communicated your intention to withdraw from the purchase of the products is received. The refund will always be made through the same means of payment that you used to pay for the purchase in the first place.
The customer must clearly and unequivocally state that it is their intention to withdraw from the purchase contract. The customer will have a ‘withdrawal form template’ at their disposal to use which we will provide:
Send to the attention of:
Huguet Rajoles Hidràuliques S.L., with address at Camí Vell de Ciutat, 33 07630 Campos, Mallorca, Balearic Islands, Spain. Telephone +34 971 65 06 09 and email: info@huguetmallorca.com.
I hereby inform you that I wish to withdraw from the sales contract for the following product: –;
Order not/received on –;
Customer name: –;
Customer address: –;
Customer Signature — (only if this form is submitted on paper).
A National ID/Passport or document proving the identity of the customer or the company’s representative must be provided, if HUGUET so requires.
10. Product conformity and legal guarantee
Quality is a top priority for HUGUET, so it will accept the return of any product that is not in accordance with the provisions of the applicable legislation in relation to the legal guarantee. In cases where the customer considers that, at the time of delivery, the products do not meet the conditions of their contract, they must contact HUGUET immediately via email at: info@huguetmallorca.com where we will notify you of the procedure for returning the merchandise.
It will be taken as a given that the products are in accordance with the contract in the terms described in the current legislation, taking into consideration that they are handmade products, so they will display the usual quality and benefits of such a product of the same type.
11. Responsibility
Except as provided in the applicable legislation which states the contrary, especially in matters of consumers and users, HUGUET’s liability will be limited to the purchase price of the products.
Compliance by HUGUET with all or part of its obligations will be suspended in the event of an act of God or force majeure that prevents or delays compliance. In such a case, HUGUET will inform the customer of the situation and of the date on which they will be able to fulfil their obligations once again.
HUGUET will not be held liable, regardless of their origin or cause in the following instances by way of example:
· Situations not attributable to the non-compliance by Huguet;
· Situations that were not reasonably foreseeable at the time of formalising the contract for the sale of the products;
· Variations that may occur as a result of the handmade nature of the products or customer requests. In no case will they determine the lack of conformity of the products and, consequently, HUGUET cannot be held liable for differences or inaccuracies.
· Damage to the products as a result of misuse and/or wear and tear of the products as a result of their use by the customer.
· Lack of conformity resulting from an incorrect installation, as the installation is not included in the sales contract and has not been carried out by HUGUET or under its responsibility or commission. For this reason, the customer, or the company responsible for providing said service is responsible for the defects derived from the installation services.
· Non-compliance by the transportation company selected by the customer, strikes, delays, theft of the product or goods held up in customs.
12. Intellectual and industrial property.
HUGUET products and brand are protected by intellectual and industrial property rights, so their reproduction, distribution, public communication, and transformation by third parties is forbidden.
13. Applicable Law
These conditions will be governed by Spanish common law legislation. The parties submit, at their request, for the resolution of conflicts and waive the right to use any other jurisdiction, in favour of the Courts and Tribunals of Mallorca, except in those cases in which it is not legally possible.
14. Out-of-court conflict resolution online
As a consumer, the customer can address any claims to the following email address: info@huguetmallorca.com. In addition, if you have purchased the product online, if you consider that your rights have been violated, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of May 21, 2013, you have the right to resort to an online alternative dispute resolution procedure in consumer matters. You can request this procedure on the platform that you will find at the following address:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES.
The use of the online platform is neither necessary nor mandatory. Therefore, consumers are free to assert their claims without first using the platform.
15. Data protection
HUGUET complies with the new General Data Protection Regulation of the European Union UE 2016/679 and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights We inform you that the person responsible for the processing of your personal data is HUGUET, who will process your data for the purpose of managing and delivering its products. The legitimate basis with which we treat your personal data is the execution of the contract. Your data will be kept until the contractual relationship ends, after which your data will be kept duly blocked for the sole purpose of addressing possible legal responsibilities that may arise from the relationship. Sharing of your data beyond those required by current regulations are not foreseen. There will be no international transfers of your data. You have the possibility to exercise your rights of access, correction, opposition, deletion, limitation, and portability, as well as withdraw your consent at any time by contacting the email address: info@huguetmallorca.com. A such, if you do not obtain a satisfactory response and wish to make a claim or obtain more information regarding any of these rights, you can go to the Spanish Agency for Data Protection (www.aepd.es). For any additional information, go to the website’s privacy policy.
16. Languages
These conditions are translated into Catalan and English. In case of contradiction, the content of the Spanish version will prevail/ take precedence.