Terms of service

GENERAL TERMS AND CONDITIONS OF SALE – SANT INVEST S.L. - ALULINE


1. SCOPE OF APPLICATION

These General Terms and Conditions of Sale (the “Terms”) govern all quotations, sales, supplies and services provided by SANT INVEST S.L. (the “Company”).

These Terms shall apply to all contracts entered into with:

  • Consumers, as defined under applicable consumer protection laws

  • Business Clients (B2B) acting within the scope of their commercial or professional activity

Any deviation from these Terms must be expressly agreed in writing by the Company.

Placing an order implies full and unconditional acceptance of these Terms.


2. QUOTATIONS AND ORDERS

Quotations issued by the Company are indicative and valid for 7 calendar days unless otherwise stated.

An order shall only be deemed confirmed upon receipt of the duly signed Project Pack, which must include the following documents and confirmations:

• Written acceptance of the quotation by the Client.
• Signed approval of final measurements, models, finishes, colours and all technical configurations.
• Written confirmation of the selected glazing system and specifications.
• Payment in accordance with the agreed commercial terms.

No manufacturing or procurement process shall commence until all of the above requirements have been fully satisfied.

Once the proforma invoice has been issued and payment has been received, the order shall be deemed final, binding and non-cancellable, due to the bespoke and made-to-measure nature of the products.

Any requested modification after this stage:

  • Shall be subject to prior written approval by the Company

  • May result in revised pricing and delivery timelines

  • Shall entitle the Company to charge for all incurred costs, including materials, production, logistics and administrative adjustments


3. PROJECT APPROVAL AND TECHNICAL RESPONSIBILITY

Prior to manufacturing, the Client must sign the technical project expressly approving:

  • Final measurements

  • Models and systems

  • Colours and finishes

  • Glass type and glazing configuration

  • Estimated sash weights

  • Technical characteristics and performance specifications

By signing the project, the Client accepts full responsibility for the technical choices made, including glazing selection, weight, safety, thermal performance, solar control, acoustic performance, and other specifications.

Any modification after approval may result in a revised quotation and revised delivery timelines.

The Client acknowledges that aluminium systems are engineered products whose performance depends on the approved configuration.

The Company shall not be held liable for any performance, functional or regulatory issues arising from technical selections expressly approved by the Client.


4. PRICES

Prices do not include VAT or any other applicable taxes.

Prices are based on the approved technical specifications and may be subject to change in case of:

  • Project modifications

  • Changes in materials

  • Significant supplier cost variations

  • Regulatory changes


5. PAYMENT TERMS

Payment terms shall be those indicated in the quotation or proforma invoice.

Payments are non-refundable due to the custom-made nature of our products.

Failure to pay within the agreed terms entitles the Company to:

  • Suspend ongoing orders

  • Withhold pending deliveries

  • Apply late payment interest in accordance with applicable legislation

  • Terminate the contract

In B2B transactions, late payments may accrue interest and recovery costs in accordance with applicable commercial legislation.

6. DELIVERY TIMES

Delivery times are estimated and depend on:

  • Material availability

  • Supplier lead times

  • Technical complexity of the project

  • Production workload

Delivery times are indicative and not contractually binding.

Delays shall not constitute a breach of contract nor give rise to compensation, cancellation or penalty, unless expressly agreed in writing.


7. COLLECTION AND STORAGE

Unless otherwise agreed:

  • Goods must be collected from the Company’s facilities.

  • The Client must collect the order within a maximum period of 2 weeks from notification that the order is ready.

After this period:

  • The Company shall not be responsible for any damage or deterioration occurring at its premises.

  • Storage costs may be applied.

  • The Company reserves the right, at its sole discretion, to destroy, recycle, resell or otherwise dispose of any goods not collected within the stipulated period, without liability and without any right to claim, refund or compensation by the client. This provision shall apply to all goods, irrespective of whether they have been partially or fully paid, provided that reasonable prior notice has been given to the Client.


8. UNLOADING AND HANDLING

Unloading, on-site transportation and subsequent handling are the sole responsibility of the Client unless installation services have been expressly contracted.

Any damage resulting from improper handling, inadequate lifting equipment or lack of site coordination shall be the client’s responsibility.


9. INSTALLATION

Where installation is not carried out by the Company, the Company shall bear no responsibility for defects, performance issues or damages resulting from improper installation.

Where installation is carried out by the Company or under its responsibility, such installation shall comply with applicable technical standards and industry best practices. Any defects directly attributable to improper installation shall be covered under Clause 10 (Warranty).


10. WARRANTY

10.1 Legal Warranty (Consumer Rights)

In accordance with applicable Spanish legislation, in particular the Royal Legislative Decree 1/2007 as amended by Royal Decree-Law 7/2021, the Company shall be liable for any lack of conformity existing at the time of delivery and becoming apparent within a period of three (3) years from delivery.

The products shall be deemed to be in conformity with the contract if they:

  • Match the description, specifications and technical documentation approved by the Client

  • Are fit for their ordinary intended use

  • Provide the expected performance and durability of comparable aluminium systems

In the event of lack of conformity, the Client shall be entitled to:

  • Repair or replacement of the product (unless impossible or disproportionate)

  • A price reduction or termination of the contract, where applicable under law


10.2 Burden of Proof

Any lack of conformity that becomes apparent within two (2) years from delivery shall be presumed to have existed at the time of delivery, unless proven otherwise.


10.3 Conditions for Validity

This warranty is subject to:

  • Proper use of the product in accordance with its intended purpose

  • Compliance with maintenance and care instructions

  • No intervention, alteration or repair by unauthorised third parties


10.4 Exclusions

The following are excluded from warranty:

  • Damage caused by misuse, negligence or lack of maintenance

  • Normal wear and tear (including hardware, gaskets and moving parts)

  • Damage caused by external factors (impact, structural movement, extreme environmental conditions, aggressive marine exposure not foreseen in specification, etc.)

  • Minor aesthetic variations within industrial tolerances (including coatings and finishes)

These exclusions shall not limit mandatory consumer rights under applicable law.


10.5 Commercial Warranty

In addition to the legal warranty, the Company may provide specific commercial warranties for certain components or systems (including profiles, finishes, hardware or glazing), as defined in the relevant project documentation or technical specifications.

Such commercial warranties:

  • Are voluntary and additional

  • Are provided by third party suppliers

  • Shall not replace or limit the legal warranty


10.6 Installation Warranty

Where installation is carried out by the Company or under its responsibility, the Company guarantees that installation will be performed in accordance with applicable technical standards and industry best practices.

Any defects arising from improper installation shall be treated as lack of conformity under the legal warranty.


10.7 Spare Parts Availability

Spare part availability will be covered by the Commercial Warranty and provided by Third Party suppliers. Please refer to the specific product technical documentation.

10.8 Inspection

The Client shall inspect the goods upon delivery/collection and notify any visible defects within 48 hours.
Failing such notification, the goods shall be deemed accepted.


10.8 Warranty Claims Procedure

Any claim must be notified within a reasonable time after detection, including:

  • Order or contract reference

  • Description of the issue

  • Photographic evidence where possible

The Company shall assess the claim and determine the appropriate corrective action.


11. LIMITATION OF LIABILITY

The Company shall not be liable for:

  • Improper use of the product

  • Technical selections made by the Client

  • Glazing or configuration choices not recommended. The Company shall not be liable for glass-related performance where glazing has been selected or approved by the Client.

  • Structural overloads outside the approved design

  • Defects arising from client instructions

In any case, the Company’s total liability shall not exceed the total amount paid for the affected products.


12. RISK TRANSFER

Risk of loss or damage to the goods shall transfer to the Client upon:

  • Delivery at the agreed location, or

  • Collection from the Company’s premises

whichever occurs first.


13. RETENTION OF TITLE

Goods remain the property of the Company until full payment has been received.


14. FORCE MAJEURE

The Company shall not be liable for delays or non-performance caused by circumstances beyond its control, including but not limited to:

  • Raw material shortages

  • Logistics disruptions

  • Strikes

  • Regulatory changes

  • Events of force majeure


15. DATA PROTECTION

Personal data provided shall be processed in accordance with applicable data protection legislation and used solely for commercial, contractual and administrative management purposes.


16. JURISDICTION

Any dispute arising from these Terms shall be submitted to the Courts and Tribunals in Málaga, Spain, with express waiver of any other jurisdiction that may otherwise apply.


17. CLIENT STATUS AND LEGAL REGIME

For the purposes of these Terms:

  • A Consumer is any individual acting outside their trade, business or profession

  • A Business Client (B2B) is any individual or legal entity acting within the scope of their commercial, industrial or professional activity.

17.1 Consumer Contracts

Where the Client qualifies as a Consumer, mandatory rights under applicable consumer protection laws shall apply, including those derived from the Royal Legislative Decree 1/2007 as amended by Royal Decree-Law 7/2021.

Any contractual provision conflicting with such mandatory rights shall be deemed non-applicable.


17.2 Business Clients (B2B)

For Business Clients:

  • The warranty regime shall be limited to the terms expressly set out in Clause 10

  • The Client acknowledges that products are custom-made and accepts the allocation of technical responsibility under Clause 3

  • To the fullest extent permitted by law, liability shall be limited in accordance with these Terms