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GENERAL TERMS AND CONDITIONS

Didak’s Climbing S.L. – VAT No. ESB63060776

1. Scope of application and precedence

These general terms and conditions govern all commercial, contractual and invoicing relationships of Didak’s Climbing S.L., relating to the manufacture, sale and installation of climbing holds and related services, with:

  • companies and professionals
  • public administrations and public entities
  • private or individual clients

These terms shall expressly prevail over any general or specific conditions of the client, even if such conditions are communicated at a later date.

Any exception or deviation shall only be valid if previously agreed in writing by Didak’s Climbing S.L.

2. Acceptance

The confirmation of an order, the acceptance of a quotation or the receipt of an invoice implies full acceptance of these general terms and conditions.

3. Prices, quotations and taxes (VAT)

All quotations and invoices issued by Didak’s Climbing S.L. shall indicate the applicable taxes in accordance with the regulations in force.

Clients domiciled in Spain

Quotations and invoices shall include the applicable VAT, according to the tax rate in force at the time of issuance.

European Union business clients (B2B)

Where the client holds a valid and verified intra-Community VAT number:

  • invoices may be issued without VAT, under the reverse charge mechanism
  • the client shall be responsible for self-assessing the tax in their country

If the VAT number is invalid, not provided or cannot be verified, Spanish VAT shall be applied.

Clients outside the European Union

Transactions shall be invoiced without VAT, in accordance with the regulations applicable to exports of goods or international services, without prejudice to any taxes, customs duties or charges applicable in the destination country.

Such costs shall be borne entirely by the client.

Public sector clients

For public sector clients, the applicable tax regime shall be that established by public procurement regulations and the relevant administrative contract or tender documents.

General condition

Prices stated in quotations or invoices do not include any taxes, duties, charges or levies other than VAT, unless expressly stated otherwise.

4. Manufacturing and product characteristics

Climbing holds are technical sports products manufactured in accordance with proprietary standards or specifications agreed with the client.

Minor variations in:

  • colour
  • texture
  • finish

resulting from the manufacturing process are accepted and do not constitute a defect.

5. Installations

Where Didak’s Climbing S.L. performs installation works:

  • the installation is limited to the supplied elements
  • it does not include structural verification of the wall or support, unless expressly agreed
  • the client is responsible for ensuring that the support complies with applicable technical and safety regulations

6. Use, maintenance and liability

The supplied products must be:

  • installed by qualified personnel
  • periodically inspected
  • used exclusively for their intended sporting purpose

Didak’s Climbing S.L. shall not be liable for:

  • incorrect installations
  • lack of maintenance
  • improper or negligent use
  • product modifications
  • wear and tear resulting from normal use

In any case, the company’s liability shall be limited to the amount invoiced for the specific product or service.

Didak’s Climbing S.L.’s obligations are best-efforts obligations, and shall in no case be obligations of result.

Under no circumstances may Didak’s Climbing S.L. be required to intervene as a third party in claims brought against the client by third parties or end users.

7. Payment terms

▶ Business and private clients

Invoices shall be payable within the period stated on the invoice.

In the absence of an express indication, payment shall be due within fifteen (15) working days from the date of issue.

In the event of non-payment by the due date, Didak’s Climbing S.L. reserves the right to apply a fixed late payment interest of 10% on the outstanding amount.

The company may also suspend any pending service or delivery without prior notice.

▶ Public sector clients

Payment terms shall be governed by public procurement regulations and the applicable administrative contract.

8. Non-payment and debt recovery

If payment remains outstanding more than sixty (60) days after the due date, Didak’s Climbing S.L. reserves the right to engage a debt recovery agency.

All legal, judicial and extrajudicial costs arising from such recovery shall be borne by the client.

9. International withholding taxes

In certain countries, domestic legislation may impose withholding taxes at source on invoices.

Such withholding taxes:

  • shall be borne entirely by the client
  • shall be paid by the client to the relevant tax authorities

Under no circumstances shall Didak’s Climbing S.L. bear costs arising from the client’s national tax legislation.

The full invoice amount shall therefore be payable to Didak’s Climbing S.L..

10. Claims

To be admissible, any claim relating to the product, service or invoice must be notified in writing, by registered letter, sent to the registered office of Didak’s Climbing S.L. within a maximum period of eight (8) calendar days from the delivery of the product or provision of the service.

After this period, the product or service shall be deemed accepted without reservation.

11. Data protection

Personal data shall be processed in accordance with Regulation (EU) 2016/679 (GDPR) and applicable legislation, for the purpose of managing the commercial, administrative and accounting relationship.

12. Governing law and jurisdiction

   Business and private clients

These terms and conditions shall be governed exclusively by Spanish law.

The parties submit to the courts and tribunals of the registered office of Didak’s Climbing S.L., unless mandatory legal provisions state otherwise.

   Public sector clients

The applicable law and jurisdiction shall be those established by public procurement regulations.