General Terms and Conditions (GTC)
1. Scope
These General Terms and Conditions apply to all contracts, deliveries, and other services between Mallorcandle (hereinafter referred to as “Seller”) and business customers, in particular resellers, wholesalers, hotels, event agencies, and comparable business clients (hereinafter referred to as “Buyer”). Sales to consumers within the meaning of Art. 3 of the Spanish Royal Legislative Decree 1/2007 are excluded.
2. Subject Matter of the Contract
The Seller supplies candles, soaps, personalized designs, as well as supplementary services such as packaging services. Personalized orders are produced according to the Buyer’s specifications.
3. Offer and Conclusion of Contract
The presentation of products on the website or in catalogs does not constitute a legally binding offer, but rather an invitation to place an order. The contract is concluded by written confirmation or order acceptance by the Seller.
4. Prices and Payment Terms
All prices are gross prices in euros, unless expressly agreed otherwise. Payment terms and modalities are determined by the respective order or order confirmation. The Seller reserves the right to deliver only against advance payment.
5. Delivery, Shipping, and Transfer of Risk
Delivery times are agreed individually. Worldwide shipping is available. The Buyer shall bear the shipping costs unless otherwise agreed. Upon handover of the goods to the carrier, the risk of accidental loss or deterioration shall pass to the Buyer.
6. Retention of Title
The delivered goods remain the property of the Seller until full payment of all claims has been received.
7. Defects, Complaints, and Returns
The Buyer must inspect the goods immediately upon receipt and notify the Seller in writing of any visible defects within 3 working days. In the event of justified defects, the Seller may choose between replacement delivery or rectification. Return shipping costs are borne by the Buyer. For personalized orders (custom designs, special productions), returns or complaints are excluded, unless there is a proven production defect.
8. Liability
The Seller is liable for intent and gross negligence. For slight negligence, the Seller is only liable for breaches of essential contractual obligations, limited to the typically foreseeable damage. Liability for indirect damages, lost profits, or consequential damages is excluded. Mandatory liability under the Product Liability Act and for personal injury remains unaffected.
9. Force Majeure
Events of force majeure (e.g. natural disasters, strikes, supply shortages, pandemics) release the Seller from delivery obligations for the duration and extent of the disruption.
10. Data Protection
The processing of personal data is carried out exclusively within the framework of legal provisions. The Seller undertakes not to disclose data to third parties without consent, unless this is necessary for contract performance.
11. Confidentiality
All information, templates, or designs made available within the scope of cooperation must be treated confidentially and may not be passed on to third parties without the Seller’s consent.
12. Applicable Law and Jurisdiction
Spanish law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes arising from the business relationship is Palma de Mallorca, Spain.