The holder of this Website, www.alucoil.com, is the company Alucoil, S.A.U. (hereinafter, Alucoil), with its corporate address at Pol. Industrial de Bayas. Calle Ircio, Parcelas R72-R77, 09200, Miranda de Ebro (Burgos), Spain, holding Tax ID number A-81468993, e-mail firstname.lastname@example.org, phone number 947333320 and registered with the Companies Registry of Burgos, under volume 364, sheet 192, page BU-5453, 2nd entry.
The use of this Website gives the status of user to those using it and implies the acceptance of all the terms included in this Legal Notice.
All the contents of this Website (texts, photographs, graphs, images, technology, software, links, audio-visual contents, graphic design, source code, etc.), as well as the trademarks and other distinctive signs, are owned by Alucoil, and the mere use of this Website shall give the user no entitlement to any rights over them.
Any use of this Website intended for or giving rise to the damage of goods, rights or interests of Alucoil, its customers, suppliers, or third parties is strictly forbidden. Similarly, the use of this Website in a way that alters, damages or renders unusable any networks, servers, equipment, products and software of Alucoil, its customers, suppliers or third parties is also forbidden.
The user shall refrain from: a) reproducing, copying, distributing, making available to third parties, publicly disclosing, transforming or amending the contents of this Website, except for the cases expressly mentioned in law or expressly authorised by Alucoil or by the holder of the said rights; b) reproducing or copying, for their private use, the existing software or data bases existing on this Website, or publicly disclosing them or making them available to third parties, if this implies their reproduction; c) extracting or reusing the whole or a substantial part of the contents comprising this Website. In any case, the use or reproduction of contents or data bases when expressly authorised by Alucoil shall be exempted from the above.
The User who wishes to include links in this Website must comply with the following conditions: a) no frames surrounding the Website or allowing it to be viewed through different Internet addresses or together with contents external to this Website may be established in a way that gives rise to, or may give rise to, error or confusion in the users regarding the origin of the service or its content, involves an act of unfair comparison or imitation, can be used to take advantage of the reputation, brand and prestige of Alucoil or its customers or is made in any other way that is prohibited by Law; b) on the Website in which the link is placed, no false or inaccurate statements may be made about Alucoil, about the quality of its services or about its suppliers, employees or customers; c) the sender may not use the trademark or any other distinctive sign of Alucoil on its Website, except in cases authorized by law or expressly permitted by Alucoil; d) the page in which the link is implemented must observe the current laws and may not have or link to illicit, harmful contents or others which are contrary to public morals and accepted customs, which give rise or may give rise to the false idea that Alucoil or its customers endorse or support the ideas, statements or actions of the sender or are not appropriate regarding the activity developed by Alucoil and its customers, taking into account the contents and the general theme of the Web page where the link is established.
This Website may include technical link devices which allow users to access other Internet Websites (links). Alucoil is not aware of the contents and services of the links and cannot be responsible for the damage arising out of its lack of quality, failure to update, unavailability, error, uselessness or illegality, and is not adjusted to the statements made or of the contents or services provided through them. If a given user was aware of the fact that the links send to pages whose contents or services are illicit, harmful, derogatory, violent or immoral, he/she may contact Alucoil stating it.
This Legal Notice shall be fully governed by Spanish laws. The user undertakes to make a proper use of this Website in accordance with the Law, with this Legal Notice, as well as with the other terms, regulations and instructions which may be applicable, as the case may be.
What is a cookie?
A cookie is a file that is downloaded on to your computer to access certain web pages. Cookies allow a website, among other things, to store and retrieve information about your browsing habits or the equipment you use and, depending on the information they contain and the way you use your computer, they can be used to recognise you.
However, cookies only obtain information related to the number of site visits, the city to which the IP address from where you log on is assigned, the number of new users, the frequency of visits and return visits, the time of visits and the browser/operator or terminal type from which the visit is made. In no case is information obtained regarding the name, surname, postal address or other such information about the user who has logged on.
What types of cookies are there?
Depending on the entity that manages them, cookies can be:
According to the period of time they remain activated:
Who is responsible for the processing of cookies on this website?
The holder of the web and responsible for the treatment of the cookies used here, as well as its contact data, are accessible in the Legal Notice of this page. There may also be cookies from third parties other than the owner of this website.
What types of cookies does this site use?
The legal basis for the use of technical cookies, in other words, those that are essential for browsing through this Website and receiving the service offered through it, is the agreement through which the user decides to visit this web page and use their services.
The legal basis for the use of the other kind of cookies is the user’s consent, which is requested at the time of accessing this Website and can be revoked at any time through the configuration of your browser. The withdrawal of such consent will not affect the possibility of browsing this website and using its services, but data processing done previously will not lose its legality due to the fact that the consent has been revoked.
To which recipients will the cookies be communicated or who will be able to access them?
When there are third party cookies, according to the information provided above, these parties may access the cookies and use them as it was previously described.
Under current regulations, anyone has the right to obtain confirmation as to whether or not personal data concerning them is being processed. Likewise, under the legally provided conditions, interested persons have the right to access their data, as well as to request the rectification of inaccurate data or, where appropriate, to request its deletion when, among other reasons, the data are no longer necessary for the purposes for which they were collected. In the case of cookies, these rights may be exercised subject to the limitations derived from the nature of these files.
Under the conditions set out in the General Data Protection Regulations, the interested parties may request the limitation of the processing of their data or its portability, in which case they will only be kept for the exercise or defence of claims.
Under the conditions set out in the General Data Protection Regulations, data subjects may object to the processing of their data. If you have given consent for a specific purpose, you have the right to withdraw it at any time, without affecting the lawfulness of the processing based on consent prior to withdrawal. In these cases, we will stop processing the data or, where appropriate, we will stop doing so for that particular purpose, except for compelling legitimate reasons, or the exercise or defense of possible claims.
In the event of any infringement of your rights, especially when you have not obtained satisfaction in exercising them, you may submit a complaint to the Spanish Data Protection Agency (contact details accessible at www.agpd.es), or another competent control authority. You can also find out more about your rights by contacting them.
How can I enable or disable cookies used by this website?
You can allow, block or delete cookies installed on your computer through the “COOKIE SETTINGS” button, which appears when you access this website, and also by configuring your browser options. You can find information on how to do this, in relation to the most common browsers, in the following links:
We cannot guarantee that the above links will always match the most recent version of your browser, since they are subject to updates and modification by the browsers’ own developers.
Article 1: Application and enforceability of the General Conditions of Sale
These general conditions of sale (hereinafter the “GCS”) are applicable for any and all orders or requests for Product offers (as defined in Article 3 below) received by any of the companies of the ALIBERICO Group of companies (hereinafter “AG” or the “Seller”). The placing of any order or request for an offer of products of AG by any person, whether natural or legal, (hereinafter the “Customer”) represents adhesion, without any reservation whatsoever, to these GCS, and the exclusion of the application of any other terms or conditions that may be contained in any other document issued by the Seller. No particular condition shall prevail over these GCS, nor be enforceable on the Seller unless previously expressly accepted in writing by it. The fact that the Seller does not on any given occasion enforce any of these GCS may not be construed as a waiver by the Seller of subsequent enforcement of any of the said GCS.
Article 2: Availability of the General Conditions of Sale
These GCS will be made available by the Seller prior to entering into the contract between the parties. Furthermore, these GCS are fully available to the Customer on the website of the AG (www.aliberico.com), which can be accessed before contract agreement.
Artícle 3: Products
“Products” refers to the items described in the Particular Conditions (as defined in Article 4 below).
Article 4: Request for offer and order
The Customer, prior to placing an order, must either personally, or by electronic means, or through the sales staff of AG, request an offer from the Seller, specifying the Product needs (types, dimensions, volumes, qualities, etc...). The Customer must provide AG with the identification data necessary to complete the New Customer Form. Once the offer request has been received, the Seller will study it and make an offer to the Customer concerning both the Products and possible financing thereof, the granting of which in any case will be subject to the discretion of AG. This offer will be valid for seven (7) days as of the date of the offer, within which period the Customer must place its order, unless otherwise indicated in the Particular Conditions. Such orders will not be firm until the Customer receives express written notice from the Seller accepting and confirming the order, in the absence of which notice the order is to be deemed rejected. The specific terms and conditions established in the order shall constitute the particular conditions that complement and complete these GCS (hereinafter “Particular Conditions”). In the event of a discrepancy between the GCS and the Particular Conditions, the latter shall prevail over the former, in the terms indicated in article 1 above.
Article 5: Cancellation and/or Modification of the order
Products based on standard material: The cancellation and/or any modification of an order requested by the Customer shall only be effective if made in writing, within seven (7) days after confirmation of the order and shall require the express written agreement of the Seller.
Products based on special material: The cancellation and/or any modification of an order requested by the Customer shall only be effective if accepted expressly by the Seller and/or if the Customer pays all the expenses incurred by the Seller in the purchase and use of specific material for the Customer. To this purpose the Seller may retain payments advanced by the Customer.
Article 6: Forms of delivery of Products
Unless otherwise indicated in the Particular Conditions, the Seller shall comply with its obligation to Products delivery in any of the following cases: (i) by direct delivery to the Customer, (ii) by giving notice of availability (iii) and/or by delivery to a haulage company or professional designated by the Customer at the Seller’s premises.
In the event of notice of availability, the Customer must withdraw the products within fifteen (15) days after receiving notice. At the end of this term, and notwithstanding the actions available to demand performance of the contract, the Seller may consider the order cancelled and the sale unilaterally terminated. The same rule shall be applicable in the event that delivery is to be made at the Seller’s premises to a haulage company or professional designated by the Customer. The Customer shall provide all the material and/or equipment necessary for the delivery of the Products. The Customer will defray all the expenses and costs of locating the Products at the Customer’s premises. Unless otherwise agreed in the Particular Conditions, the Seller will deliver the Products packaged according to its procedures. In the event that the Customer wishes delivery to be made to the Seller’s premises, checking and verifying the Products there, the Customer must notify the Seller of this fact on the order or in the request of offer document. In this case, the Products will be verified following the Seller’s procedures, and the Customer must defray the expenses this causes.
Article 7: Delivery term
The delivery term for the Products will be as specified in the Particular Conditions. The Seller may make partial deliveries. The delivery terms are approximate and not binding on the Seller. Failure to comply therewith shall not generate any obligation to compensate whatsoever and shall not entitle the Customer to withhold any amounts owing to the Seller, nor to cancel any outstanding orders. However, unless there is a cause of force majeure, if two months after the indicated delivery date the Product has not been delivered, the sale may be terminated by either of the Parties, and the Customer may obtain reimbursement of any advance payments made, excluding any compensation. The following are considered cases of force majeure: war, mutiny, fire, strikes, accidents and the impossibility for the Seller of receiving supplies not attributable to the Seller. The Seller shall inform the Customer in a timely manner of the cases and events listed above.
Unless otherwise established in the Particular Conditions, the delivery term shall start to run on the date of receipt by the Seller of the first payment by the Customer for the Products, according to article 12 below.
Article 8: Undertaking of risks in the delivery of Products
In the absence of any indication to the contrary in the Particular Conditions, the Products sold will be supplied by the Seller carriage due at the agreed place.
If the transportation has been undertaken by the Seller in the Particular Conditions, the Seller shall accept the risk for damage or deterioration of the Products during transport, although in order to enforce the Seller’s liability, the Customer must state the apparent defects, as a result of transportation, on the delivery note issued by the hauler upon delivery and the Seller, at the same time, by faxing a copy of the said delivery note. Otherwise the Seller shall not accept any liability whatsoever for damage caused to the Products during transport.
The Customer must, within the term of thirty (30) days after receiving the order, carry out all the necessary verifications and make any complaints to the Seller in relation to the Products delivered, by any mean that ensures that the Seller is aware of the Customer’s dissatisfaction and justifying the reasons for the claim. The Customer must provide the Seller with access to the places necessary to check the facts claimed. The Customer must also refrain from intervening or causing the intervention of a third party for these purposes. As regards Products sold in packaged form, the weight and measurements of each package on leaving the warehouse will be sufficient evidence of the quantities delivered.
Article 9: Return of Products or reimbursement of the price
In the event of disagreement with the Products delivered, reported to the Seller in accordance with Article 8 above, the Customer may, at the Seller’s option, obtain a replacement, in which case the Customer shall defray the expenses and risks of such a return, or reimbursement of the price paid for the Products, in which case the Seller’s liability shall be limited to the amount of the price paid by the Customer. In either of these cases, the Customer’s right to any compensation is excluded, in particular, for consequential damages and for any damages caused to the Customer as a result of loss of production, impossibility and/or delay in carrying on the Customers’ business activity or that of third parties related to the Customer.
In any case, the Seller’s liability is excluded in the following cases:
(i) if the damage is the result of intervention or handling of the Products carried out without the Seller’s authorization;
(ii) if the dissatisfaction is due to a factor unrelated to the Product, in particular but not solely, to the environmental conditions of the Customer’s establishment or the conditions of the Customer’s material to which the Product is incorporated;
(iii) if the dissatisfaction is the result of the normal wear and tear of the Product or negligence or lack of maintenance by the Customer; and/or (iv) if it is the result of a circumstance of force majeure.
Article 10: Price
The prices offered by the Seller do not include VAT or any type of indirect tax, and the amount and form of payment thereof shall be determined in the Particular Conditions. Any tax, tariff, dues or other charge payable in accordance with Spanish legislation or the legislation of the country of destination of the Products or a transit country, shall be defrayed by the Customer. Any costs and expenses of transport, assembly and insurance shall be defrayed by the Customer.
Article 11: Invoicing
The Seller shall issue an invoice for each of the deliveries of Products. The date of dispatch of the Products will also be the date of issue of the invoice and the date of reference for payments and other items related to payment. The Customer consents to receive electronic invoices. Notwithstanding the foregoing, the Customer may opt to terminate the electronic invoicing service at any time by submitting a request to this end in writing or by email.
Article 12: Payment
Payment of the price for the Products will be made within thirty (30) days after the invoice date by the means of payment established in the Particular Conditions.
If the Products have been made using special material, the Customer must make an advance payment of 20% of the total price, within the term of fifteen (15) days after confirmation of the order, by paying or transferring the said amount to the bank account indicated by the Seller and specified in the Particular Conditions. The remainder of the price will be paid within thirty (30) days after the invoice date by the means of payment established in the Particular Conditions.
Notwithstanding the above, in the case of first orders by new Customers, the price must be paid in full before the Products are shipped, by paying or transferring the amount to the bank account indicated by the Seller and specified in the Particular Conditions.
The Seller may finance payment of the Products by the Customer. Granting financing to the Customer will be discretionary and must be stated in the Particular Conditions. The Seller will be entitled to review and modify the conditions of such financing in the event of a modification in the economic and financial circumstances of the Customer.
Article 13: Delay or default in payment
If on the due date of a payment obligation, payment is not made, the Seller shall demand payment from the Customer, and may suspend all or part of the Customer’s outstanding orders, notwithstanding any other legal rights to which it is entitled. Furthermore, and as an effect of the default, interest shall start to accrue in favour of the Seller automatically and with no need for notice to the Customer, until payment is made, at a rate which will be established in accordance with Act 3/2004, of 29th December, establishing measures against default in commercial operations. If, within the term of forty-eight (48) hours after the Customer has received a demand for payment, it has not been made, the Seller shall be entitled to terminate this contract and any contracts entered into by the Customer with AG. In this case the Seller shall be entitled to (i) request the return of the Products sold, notwithstanding its right to compensation for any damages suffered, and (ii) if payment had been deferred, the Seller shall be entitled to demand immediate payment of the total price. The Seller may also terminate all or part of the sales of the Customer in question or of any entity of the Company’s group of companies or in which the Customer has a stake. In the event that the Seller opts not to terminate the remaining sales, all amounts owing by the Customer in respect of such other orders or for any other cause shall be payable immediately. Furthermore, the Customer shall reimburse the Seller for the expenses incurred in recovering in court the amounts owed and the legal costs, including the professional fees of Notaries Public, lawyers and court representatives.
Article 14: Retention of title
The Seller shall retain title to the Products sold until payment of the total price has been made, plus interest and expenses. The failure to pay on any due date shall entitle the Seller to reclaim the Products sold. The Customer undertakes to communicate the existence of this retention of title clause to any third party wishing to acquire the Customer’s Products.
Throughout the validity of the retention of title clause, the Customer undertakes to maintain and conserve the Products in good condition for the purpose for which they are intended, at its cost, and to maintain the labels or other material used to identify the Seller’s ownership of the Products.
In the event that the Customer breaches its obligation to pay the price, interest and expenses to the Seller in the term stipulated to that end, the Seller shall notify the Customer of this fact, indicating the date and time of collection of the Products from the Customer’s warehouse, or, at the Seller’s option, to claim free dispatch of the Products to the Seller’s warehouse.
If the Customer has transferred ownership of the Products to a third party, or if as a result of any circumstance a third party has become the owner of the Products, the Customer shall assign to the Seller, upon the Seller’s request, the actions in its favour against any such third party.
Article 15: Industrial and intellectual property rights
Any patents, trademarks, trade names and other intellectual property rights, including, without limitation, all reproduction rights on the Products sold, and on plans, notes or specifications prepared by the Seller are the property of the Seller. No document delivered by the Seller may be copied or delivered to third parties without its prior consent, and must be returned to the Seller when it claims them. The Customer undertakes not to erase from the Products, materials or documents delivered by the Seller, the trademark or patent reference or registration concerning the reproduction right or any other registration or symbol relating to the existence of any industrial and/or intellectual property rights.
Article 16: Offset
By application of article 1195 of the Civil Code, any amount owed by the Customer to the Seller and not paid on the established due date, shall be offset with any amounts the Seller owes the Customer in relation to other orders, provided that the Seller has given its prior written consent.
Article 17: Personal data protection
Article 18: Confidentiality
The Customer undertakes to keep strictly confidential any information that has been supplied to it by AG, unless it was or becomes public knowledge, and not to convey it in full or in part to any natural or legal person, other than its direct executives or employees or those of its subsidiaries, or its external advisers.
Article 19: Applicable law and jurisdiction
These General Conditions shall be governed and construed in accordance with common Spanish legislation. For any disputes arising in relation to the interpretation, performance, rescission or termination of the General Conditions, the Parties submit to the jurisdiction of the Judges and Courts of the city of Madrid.
Notwithstanding the above, in accordance with Spanish legislation, for all matters arising in relation to these General Conditions, the judges and Courts of the applicable domicile shall be competent, in accordance with article 52 of the Civil Procedures Act or other substantive regulation applicable from time to time. The Customer states that is aware of the entire contents of these GCS and adheres thereto, which become an integral part of the contract binding the Customer and the Seller.
In accordance with the provisions of the "Legal Notice" of this Website and the General Data Protection Regulation, below we provide you with the legal information with regards to the management of your personal data.
WHO IS RESPONSIBLE FOR THE PROCESSING OF PERSONAL DATA?
WHY DO WE PROCESS YOUR PERSONAL DETAILS?
Customers and potential customers: We process the personal data you provide us with the following purposes:
Suppliers: We process the personal data you provide us with for the management of the relationship with the supplier and the billing and payment of services. The provision of data for this purpose is compulsory; otherwise, the contract, or agreement entered into with our entity, won’t be fully executed.
Web Users: We shall process the personal details you provide us with for the following purposes:
Job applicants: We process the personal data that you provide us through your Curriculum Vitae (CV) in order to carry out our personnel selection processes. Within this framework, references of the candidate to entities in which he has previously worked may be requested. You are not required to provide the data for these purposes, but if you do not do so or withdraw your consent for us to process them, you will not be able to participate in said processes.
Social Networks: We process the personal data that you provide us through the social networks in which we are present, to offer you commercial information about our products or services. The fact of becoming a friend or follower implies authorization for the processing of data for that purpose. If you wish to stop receiving such information or to have such data cancelled, you can unfriend or unfollow our profiles.
Individuals visiting the facilities: We process the personal data that you provide us with the purpose of managing the safety and control of physical access to our facilities.
FOR HOW LONG SHALL WE PROCESS YOUR DATA?
Customers and potential customers:
Suppliers: The personal data that you provide will be kept during the entire time that the contract or agreement executed with our entity is valid. Once this relationship has ended, where appropriate, the data may be kept for the time required by applicable legislation and until the potential liabilities arising from the contract have expired, which, as a general rule, occurs after a period of time of 5 years.
Web users: The data shall be kept for the time necessary to respond to your request, query or claim and to definitively close it. Subsequently, they will be kept as a communications history for one year, unless you request their deletion before the end of that period.
Job applicants: The data shall be kept for the whole selection process and, unless expressly indicated otherwise, even later, for a period of one year from the last update that the interested party makes of the data, in order to take them into account during similar selection processes that could be carried out in the future.
Social networks: Data shall be kept by our entity only for as long as it maintains its status as friend or follower in our profiles of the social networks in which we are present.
Individuals visiting the facilities: The data will be kept for a maximum period of thirty days, unless it is necessary to keep them for a longer time because it is convenient to clarify any infraction or illegal act detected.
WHAT IS THE LEGAL BASE FOR THE PROCESSING OF YOUR DATA?
Customers and potential customers:
Suppliers: The legal basis for the processing of your data shall be the execution of the contract or agreement for the provision of services, as entered into with the supplier, as per the terms and conditions set out therein.
Web Users: The legal basis for the processing of your data shall be based on the consent that is requested, for each case, and you may revoke it at any time. The withdrawal of said consent shall not affect the previous processing of data, which shall not lose its legality due to the fact that the consent has been revoked.
Job applicants: The legal basis for the processing of your data shall be the consent you stated when you submitted your CV, and you may be able to revoke it at any given time. The withdrawal of said consent shall not affect the previous processing of data, which shall not lose its legality due to the fact that the consent has been revoked.
Social networks: The legal basis shall be the consent granted to us by befriending or following our profiles on social networks, and you can revoke it at any time with the simple fact of not being a friend or follower of them. The withdrawal of said consent shall not affect the previous processing of data, which shall not lose its legality due to the fact that the consent has been revoked.
Individuals visiting the facilities: The legal basis of the treatment is the legitimate interest in guaranteeing the security in these facilities by the owner, which justifies that the data is necessarily collected by the fact of accessing the site.
WHO SHALL RECEIVE YOUR DATA?
Customer and Suppliers: The data shall be communicated to the following entities:
Potential customers, web users, job seekers and social networks: Data shall not be disclosed to third entities.
Individuals visiting the facilities: The data shall not be transferred to third parties without prejudice to the disclosures that, if applicable, should be made to the State Security Forces.
WHAT ARE YOUR RIGHTS AS DATA SUBJECT?
Anyone shall be entitled to obtain confirmation regarding whether we are processing personal data that he/she is concerned with, or not. Interested individuals shall be entitled to access their personal data, as well as to request the correction of inaccurate data or, where appropriate, request deletion thereof when, among other reasons, data is no longer necessary for the purposes for which it was collected.
Under the terms set out in the General Data Protection Regulation, the interested parties may request the processing of their data or portability to be limited; in such a case, we shall only keep them for the exercise or defence of claims.
Under certain circumstances, and for reasons related to their specific situation, the interested parties may oppose the processing of their data. If you have granted acceptance for any specific purpose, you may withdraw it at any time, and this shall not affect the lawfulness of the processing based on the consent prior to withdrawal thereof. In those cases, we shall stop processing data or, as the case may be, we shall stop doing it for that specific purpose, save for compulsory lawful purposes, or for the exercise or defence of potential claims.
All the rights mentioned above may be exercised through the contact means set out at the beginning of this document; however, in the case of social network and given the fact that said platforms are owned by third parties, the answers to the exercise of rights by our entity shall be limited by the functionalities allowed by the relevant social network.
In case of breach of your rights, especially if you have not been satisfied with their exercise, you may file a complaint with the Spanish Agency for Data Protection (contact details available at www.agpd.es), or with a different competent control authority. You may also get more information about your rights by addressing those agencies.
WHAT ARE YOUR REPONSIBILITIES WHEN YOU PROVIDE US WITH YOUR DATA?
If you provide us with data from third parties, you assume the responsibility of informing them in advance of everything provided for in article 14 of the General Data Protection Regulation, under the conditions established in said precept.