Trade terms and conditions of sale
1. Scope
These conditions apply to all sales made by MAISON SIMA S.L. (Simone & Marcel) to professional customers (shops, interior designers, architects and distributors) through the trade portal or by any other means. They do not apply to consumers. By placing an order, the customer accepts them. Any different condition must be agreed in writing.
2. Trade account
Trade accounts are opened after reviewing the application and the company documents. We may refuse or close an account, in particular in case of unpaid invoices or misuse of the portal or of our brand. The customer is responsible for the users and credentials of its account.
3. Orders
An order is binding once we confirm it in writing (order confirmation by email or in the portal). Our products are made to order, so an order cannot be cancelled or modified once production has started.
There is no minimum order.
4. Prices and taxes
Prices are those shown in the customer's trade portal at the time of the order, in euros and excluding VAT, transport, insurance and import duties unless otherwise stated. The applicable price is the one in the order confirmation.
Spanish VAT is added to sales in Spain. Deliveries to companies in other EU countries with a valid VAT number registered in VIES are invoiced without VAT (intra-community supply, reverse charge). For deliveries outside the EU, import duties and taxes are paid by the customer unless otherwise agreed.
5. Payment
Unless other conditions have been agreed in writing with the customer, orders are paid in full on confirmation of the order, by bank transfer or card. Orders over 10,000 EUR (or 10,000 USD) are paid 50 % as a down payment on confirmation and the remaining 50 % before shipping. Production starts once the payment or the down payment has been received.
Late payment accrues the interest and compensation provided for in Spanish Law 3/2004 on late payment in commercial transactions. We may suspend production and deliveries while there are overdue invoices.
6. Lead times and delivery
Lead times are indicative and start from the order confirmation (and, where applicable, the receipt of the down payment). A reasonable delay does not entitle the customer to cancel the order or claim compensation.
Our usual production lead time is about three weeks, plus transit time, and may vary with the product and the quantity ordered. The shipping costs and delivery terms (Incoterm) of each order are stated in the quotation or the order confirmation.
The customer must check the goods on receipt and record any visible damage on the carrier's delivery note, and notify us in writing with photographs within 48 hours. Defects found later are dealt with under the guarantee (section 8).
7. Retention of title
The goods remain the property of MAISON SIMA S.L. until they have been paid in full.
8. Natural materials and guarantee
Our pieces are made by hand with natural materials. Differences in colour, veining, texture, glaze or size between pieces and with respect to photographs are part of their nature and are not defects.
We guarantee our products against manufacturing defects. In the event of a justified claim we will repair or replace the product or, if this is not possible, refund its price. The guarantee does not cover incorrect installation, misuse, normal wear and tear (including wear of surface finishes and the natural patina of brass), bulbs, or damage caused by not following the instructions, by incorrect cleaning or maintenance, or by unsuitable storage. Electrical installation must be carried out according to the regulations of the country of use.
The guarantee lasts 2 years from delivery and covers defects in materials and workmanship, including the electrical components (bulbs excluded). Claims must be made in writing as soon as the defect is detected, with photographs and the serial number of the lamp. Repaired or replaced products keep the remaining period of the original guarantee.
When the customer resells our products to consumers, the customer is responsible to them for the legal guarantee of its country; we will support the customer under this guarantee for defects attributable to us.
9. Returns
Because our products are made to order, we do not accept returns except for defective products or errors on our part. Any return requires our prior written authorisation and must be sent in its original packaging.
10. Liability
To the extent permitted by law, our liability is limited to the price of the affected order and does not include indirect damages, loss of profit or loss of business.
11. Brand and designs
The designs, trademarks, photographs and texts of Simone & Marcel belong to MAISON SIMA S.L. The customer may use them only to present and sell our products, without altering them, and may not manufacture, copy or have copied our designs.
12. Data protection
13. Applicable law and jurisdiction
These conditions are governed by Spanish law, excluding the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980). Any dispute will be submitted to the courts of Toledo (Spain).
MAISON SIMA S.L. · NIF ESB56472947