Sales Terms & Conditions

General Information

Ambience FIRES & SOLAR S.L. (the Company) is a limited company registered in Spain.

In compliance with the duty of information provided in Law 34/2002 of Services of the Society of Information and Electronic Commerce (LSSI-CE) of July 11, below is general information data for the Company.

Company Information

Company:Ambience FIRES & SOLAR S.L.
NIF/CIF:B54598271
Activity:Comercial
Address: Calle LOS ARCOS, N.7B, Ciudad Quesada, 03170 Rojales (Alicante)
Telephone: 965997286
Email: info@ambience.es
Legal Representative:David Robinson

Sales Terms & Conditions (in-store)

These terms and conditions together with your quotation, our Privacy Policy, and any additional terms that apply (such as any promotional or special offers), form the basis for our Sales Agreement with you. If you accept the quotation and place an order, you agree to be bound by these terms and conditions. If you disagree with any part of these terms and conditions, please do not accept the Quotation.

Definitions

" Terms " means the terms and conditions set out in this document.
" we ", " us " or " our " means AMBIENCE FIRES & SOLAR S.L. from whom you order and purchase Products and/or Services.
" you " or " your " means the person placing an Order.
" Products " means the goods and products that we sell.
" Services " means the services that we sell (including building works, installation and maintenance).
" Estimate " means an estimated price for Products and/or Services. It does not form the basis for an Order and cannot be used by you for ordering purposes.
" Survey " means a visual inspection of the area specified by you, to verify the installation and to produce a Quotation.
" Quotation " means a fixed price for Products and/or Services provided by us against which you can place an Order in accordance with these Terms.
" Order " means an order for Products and/or Services made by you, placed in store, through our Website, by telephone, by email or using such other means as we may permit from time to time.
" our agreement " means the sales agreement in accordance with which we provide the Products and/or Services comprising the Quotation, these Terms and any additional terms that apply such as any promotional or special offers.
" Website " means the website www.ambience.es (or such other URL as we may specify from time to time) that is operated by us or on our behalf.

Basis of Sale

These Terms apply to your Orders for, and purchases of, Products and/or Services in connection with Ambience FIRES & SOLAR S.L.

Please check that your Quotation is complete and accurate before you commit yourself to your Order. You must notify us if the Quotation is inaccurate before placing the Order. Your Order is an offer to purchase from us. When you place an Order with us, you do so in accordance with these Terms, subject to our acceptance of your Order.

Where you place an Order in store or by telephone, we accept your Order when you provide us with a confirming email and an initial payment of 50% of the total Order value. We will send you an email confirming that the Order has been placed and processed, and estimated delivery/installation date.

These Terms (and our agreement) will become binding on you and us when we accept your Order as described in the preceding paragraph.

We may choose not to accept your Order for any reason, and we will not be liable to you or to anyone else in those circumstances. If we do not accept your Order, we will refund any monies paid in connection with that Order. If we accept your Order, we have a legal duty to supply any Products ordered in conformity with our agreement.

These Terms are between you and us, regardless of whether a third party pays for the Order. You may not assign or transfer your rights or obligations under our agreement unless we agree in writing.

These Terms are only in the English language. These Terms will not be filed by us with each individual order. You can view these Terms via our Website, and are available in-store. You should print a copy of these Terms or save them to your computing device for future reference.

Quotations, Estimates and Surveys

If we give you an Estimate, it is indicative only and subject to us carrying out a Survey.

After we have carried out a Survey, we will normally give you a Quotation for the Products and/or Services. The Quotation will include a schedule setting out the Products and/or Services we are quoting to provide.

Quotations are only valid for the period of days specified on the Quotation or, where none is specified, 30 days from the date of the Quotation. If you do not accept a Quotation by placing an Order within this period, the Quotation is withdrawn unless we agree otherwise in writing.

Changes to your Order and/or Quotation may be required because of changes to the installation site after we have completed the Survey. If changes are required, we will provide you with an amended Quotation. If you do not accept the amendments, we will cancel the Order and you will receive a refund of any monies paid, less any expenses incurred by us.

Prices and Payment

IVA (VAT) is payable on all Products and Services provided by us. It will be charged at the rate required by Spanish Law and will be shown on the Quotation.

Delivery charges are normally included in the cost of installation.

Prices for "Products only" exclude delivery charges. Delivery charges may vary depending on the Products you order, the delivery address and the delivery method.

If you use a credit/debit card to pay for your Order, you must use a credit/debit card that you are authorised to use. All credit/debit card holders are subject to validation checks by third parties and authorisation by the card issuer. If the issuer of the card refuses to authorise payment or any other validation checks return adverse results, we will not accept your Order and we will not be liable for any delay or non-delivery. We are not responsible for the card issuer or bank charging the cardholder because of our processing of the credit/debit card payment in accordance with your Order.

Payments by bank transfer must be paid in Euros. We are not responsible for any charges issued by the money transfer company or bank.

Installation and Services

We will only carry out Services using Products that you have purchased from us or an authorised third party acting on our behalf unless we agree otherwise. You must ensure that the Products which you select and purchase, are suitable for your needs.

You will need to obtain all necessary planning permissions, local authority consents and other consents and permissions before the installation starts. It is not our responsibility to check that you have obtained any required consents or permissions. You must allow us or our agent to inspect these consents and permissions if necessary.

You must inform us if the property where the Services are to be provided is listed, located within a conservation area or otherwise subject to restrictions which may impact on the installation. It is your responsibility to check that the installation will not violate any such restrictions.

We will only provide the Services set out in the Quotation. If you want us to provide any additional services, we may need to agree an additional Order with you.

The Services will be provided with reasonable skill and care. We will try to keep disruption to a minimum.

The Services may be provided by a third party on our behalf.

You will need to provide us, and any third party carrying out the Services on our behalf, with free, safe, and proper access to the property concerned (including the roof space and garden), including an area to store any waste and for any Products we deliver to you before the Services start (if any). You will take such other steps as you reasonably can to enable us to provide the Services.

We reserve the right to refuse to provide the Services and cancel your Order where we have reasonable grounds for doing so (such as concerns over the safety of our employees and contractors or where you ask us to perform the Services in a manner that contradicts our recommendations). If we cancel your Order in these circumstances, you will receive a refund of the price paid.

If we have agreed to remove pre-existing units, fixtures or fittings, this may necessarily cause some damage to surrounding areas. We will try to limit the amount of damage caused and "make good" to a reasonable standard. We do not guarantee to perfectly match textured finishes. "Making good" does not include painting and decorating.

Services includes the removal of any waste.

Additional Works

If additional works are requested by you during the provision of the Services, we reserve the right to charge additional fees for the Products and/or Services to be provided. Where such additional works are found to be necessary, work under your Order will be suspended and we may provide you with a quotation for the additional work. If you accept the quotation, we will recommence work under your Order and carry out the additional works. The provision of additional works may be subject to separate terms and conditions.

Additional work may be fundamental to the provision of the Products and/or Services and, as a result, we reserve the right to suspend the provision of the Products and/or Services until such additional works have been completed, whether by us or a third party to our satisfaction. If you do not agree to the additional works, you may cancel your Order and you will be liable to pay our charges for the Products provided and/or Services carried out prior to cancellation. You will only receive a refund for that part of the Services not provided and those Products which have not been installed prior to cancellation.

If you do not agree to the additional works and cancel your Order, we will not be responsible for "making good" any damage or disruption caused, painting, decorating or tiling and, although we will try to limit the amount of damage and disruption caused, we will not be responsible for putting the property back to the condition it was in prior to us providing the Products and/or Services, unless we have agreed to do so.

Ownership

Ownership of the Products will only pass to you on the later of us receiving full payment for the Products from you; and providing the Products to you. The balance payment is due on the day of delivery or on completion of the installation and must be paid within one week. Failure to pay the balance will be classed as Order Cancellation after Installation. Until ownership of the Products passes from us to you, you shall hold the Products on our behalf. We may, before ownership of the Products passes to you, require you to deliver up the Products to us and, if you fail to do so, we may repossess the Products. You grant us an irrevocable licence to enter, with or without vehicles, any of your premises for the purpose of inspecting or repossessing the Products. If you cancel your Order, you must take good care of the Products before returning them to us.

Cancellation prior to installation

You may cancel your Order at any time prior to installation. You can exercise your right to cancel your Order by contacting us in writing. You will receive a refund of any monies paid, less any expenses incurred by us. In the case of unusual or special products you will not receive a refund until the Product has been re-sold.

Cancellation after Installation

You must always take reasonable care of the Products while they are in your possession. This means that you must not use the Products (except to the extent reasonably necessary to inspect and examine them). We reserve the right to make a deduction from the amount of any refund for loss in value of the Products returned where the Products show signs of unreasonable use; for these purposes, unreasonable use includes handling the Products beyond what is necessary to establish the nature, characteristics and functioning of the Products, in particular, if it goes beyond the sort of handling that might reasonably be allowed in a shop.

We will remove all installed Products from site. We will not make good any structural alterations caused by the installation or its removal. We will not return the property to its original state prior to installation.

You will receive a refund of any monies paid, less any expenses incurred by us. In the case of unusual or special products you will not receive a refund until the Product has been re-sold.

Our right to cancel

We may cancel our agreement by notice in writing to you if you are in breach of your agreement with us, you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon cancellation, any money due to us in respect of our agreement shall become immediately due and payable. In the case of a Product not yet installed, you will receive a refund of any monies paid, less any expenses incurred by us. In the case of unusual or special products you will not receive a refund until the Product has been re-sold.

We shall be under no further obligation to provide Products or Services to you.

Use of your personal information

During our dealings with you we will collect and process personal information about you, including to administer and process your Order, and to provide Products and/or Services. If the Products and/or Services are provided by a third party on our behalf, your personal information will be passed to the third party for those purposes.

Further information on the way we process personal information is set out in our Privacy Policy.

Product Availability/Start of Services

All Products are subject to availability. If you order Products which are not available from stock, we will contact the manufacturer for an estimated delivery date. We will discuss with you how you wish to proceed. You will have the option to wait until the Products are available or cancel your Order for those Products.

We will take reasonable steps to meet any estimated date set out on the Quotation or as otherwise agreed between us for starting the Services. Non-stock items are subject to availability and delivery from the manufacturer therefore all dates remain estimates until the Products are delivered to us.

We will not be liable or responsible for any failure to perform, or delay in performance of the Services or any of our obligations under these Terms, nor for any defect or damage to Products, or for any failure or delay in supply or delivery of Products that is caused by events outside our reasonable control (including, without limitation, the following: accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).

Production Variation

Products may show some slight variations in appearance. This is normal in production batches. To the extent permitted by law, we accept no liability for any discoloration or variation in the colour of these Products. We take reasonable steps to display as accurately as possible the colours, appearance, and other detailing of Products in the images that appear on the Website and in manufacturers’ catalogues and other media. However, we do not guarantee that the images, appearance, and other detailing that appear on the Website and in manufacturers’ catalogues and other media will exactly reflect the colour, appearance or detailing of the physical Product. Your Product may vary slightly from those images.

Specifications

Any information on the Website and in manufacturers' catalogues and other media regarding sizing, weights, capacities, specifications, dimensions, and measurements of Products is included as a guide only. If you are concerned about the precise size, weight, capacity, specifications, dimensions, or measurements of any Product you order, we recommend that you contact us prior to placing an Order.

Current Terms

We may update, vary, and amend these Terms from time to time without prior notice. When you place an Order, the Terms in force at that time will apply (as set out on our Website or available in store). Please check in store or on our Website to ensure that you understand the current Terms.

Governing Law

This agreement is governed by the law of Spain and that any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will only be dealt with by the courts according to the law of Spain.

Last modified 10 January 2021

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