All our pieces are made to measure for each customer. These terms govern quotes, orders, payment, transport and the warranty. Always check the material before installing it (see section 9). If you have any questions, write to us at hola@fabricaderajoles.cat.
1. General
1.1 Sales of our products are governed by the following general terms of sale, except for anything expressly agreed otherwise in the relevant offer or in the order acceptance, which shall constitute its particular conditions. Accordingly, no other condition shall have general effect unless it has been expressly accepted by Fàbrica de Rajoles de Tous (hereinafter, FRdT).
1.2 Where the buyer is a consumer (a person buying for purposes outside their professional activity), none of these terms shall limit the rights granted by Spanish Royal Legislative Decree 1/2007 (consolidated text of the General Law for the Protection of Consumers and Users) or by the Catalan Consumer Code.
2. Intellectual and industrial property
2.1 The intellectual and/or industrial property of the offer, in all its terms, and of the information attached to it, as well as that of the products sold and of the elements, plans, drawings, “software”, etc., incorporated in or relating to them, belongs to FRdT.
3. Placing orders and scope of the sale
3.1 Orders are made specifically for each customer, following their aesthetic instructions. An order is placed when the buyer pays the acceptance amount stated in the quote. Accepting the quote constitutes a firm commitment to purchase.
3.2 Requests sent through the website configurator are no-obligation quote requests: they create no obligation to buy until the buyer accepts the quote under the conditions of the previous section.
3.3 Any changes to the scope, deadlines or other terms of an order proposed by either party must be notified to the other party in writing and, to be valid, must be accepted by it. Changes caused by amendments to the applicable legislation, regulations and standards made after the date of the relevant offer shall also be treated as changes. If such changes impose additional or more onerous obligations on FRdT, it shall be entitled to a fair adjustment of the contractual terms fully reflecting the consequences of the new or amended law or regulation, or the buyer shall be entitled to terminate the contract.
4. Price
4.1 Quoted prices include VAT at the foot of the document where applicable. Prices include packaging but do not include transport, loading or insurance. These prices are only valid for an order of all the products specified in the offer. Shipping costs, where agreed, will be stated for each purchase.
4.2 For offers made before an order, the prices offered shall be valid for the period stated in each case and shall be fixed during that period for the payment terms and quantities specified in the offer, for a maximum of 2 months.
4.3 Once FRdT has accepted the order, the price shall be fixed and may not be revised. However, prices may be revised where:
- Both parties, buyer and seller, have agreed to it.
- The order has been changed at the buyer’s request and, in general, any variation and/or change occurs under these terms.
- Prices were quoted in a currency other than the EURO, to the extent that its exchange rate with the EURO has changed between the order date and the contractual invoicing dates of each milestone.
5. Payment terms
5.1 FRdT’s offer will include the payment terms. These terms shall comply with Spanish Law 15/2010 of 5 July, amending Law 3/2004 of 29 December on measures to combat late payment in commercial transactions, and shall never exceed the maximum periods it sets.
5.2 If delivery or receipt of the products is delayed for reasons beyond FRdT’s control, the contractual payment terms and deadlines shall remain unchanged.
5.3 In the event of late payment by the buyer, and unless expressly agreed otherwise, the buyer shall pay FRdT, without notice and from the payment due date, late-payment interest calculated in accordance with Article 7 of Law 3/2004 of 29 December. Payment of such interest shall not release the buyer from making the remaining payments under the agreed terms. This section applies to transactions between businesses and professionals.
5.4 If the buyer is late with the agreed payments, FRdT may, at its discretion, suspend the shipment of the products temporarily or permanently, without prejudice to demanding the overdue payments and, where appropriate, claiming additional compensation for the suspension.
5.5 The ordered products are supplied subject to retention of title in favour of FRdT until the buyer has fully met its payment obligations; the buyer shall cooperate and take all necessary or appropriate measures, and those proposed by the seller, to safeguard its ownership of such goods and materials.
6. Transport
6.1 Carriage is always paid by the customer unless expressly agreed otherwise. The order will be delivered kerbside at the buyer’s address. The buyer must check the packaging before accepting the goods, note any damage on the delivery note, document it with photographs and send it to FRdT immediately.
6.2 Where the buyer is a consumer, the risk of loss or damage to the products passes when the consumer, or a third party designated by them, takes physical possession of them, except where the consumer arranges transport with a carrier not proposed by FRdT.
7. Delivery time and conditions
7.1 The delivery time applies to products delivered in the form and conditions stated in the order acceptance, provided the buyer has made any payments due beforehand.
7.2 The delivery time shall be adjusted when:
- The buyer does not provide the documentation required for delivery of the products on time.
- The buyer requests changes to the order that are accepted by FRdT and which, in FRdT’s view, require the delivery time to be extended.
- Delivery of the products requires work to be done by the buyer or its subcontractors and that work has not been completed on time.
- The buyer has failed to meet any of the contractual obligations of the order, particularly regarding payment.
- Delays in the production or availability of all or some of the product’s elements occur for reasons not directly attributable to FRdT. By way of example, but not limited to: strikes affecting suppliers, transport and services, failures in third-party supplies or transport systems, floods, storms, civil unrest, strikes or stoppages by FRdT’s staff or subcontractors, sabotage, accidental stoppages in the seller’s workshops due to breakdowns, etc., and cases of force majeure provided for by law. In such cases the buyer may terminate the contract at no cost where the delivery date was agreed as an essential element of the transaction and the delay is so serious that it amounts to a lack of conformity.
8. Right of withdrawal, returns and complaints
8.1 Made-to-measure products. All pieces are made to each customer’s specifications (base, colour, format, decoration and quantities). For this reason, under Article 103(c) of Royal Legislative Decree 1/2007, the 14-day right of withdrawal does not apply to these orders, even when the contract is concluded at a distance.
8.2 If an order includes non-customised catalogue products and the buyer is a consumer who ordered at a distance, they may withdraw within 14 calendar days of receipt by notifying us in writing at hola@fabricaderajoles.cat, provided that the material is returned uninstalled, unhandled and in its packaging. We will refund the amount paid within 14 days at most, and the return costs will be borne by the consumer.
8.3 If, through FRdT’s error, a product other than the one ordered is delivered, it will be collected and the correct product delivered at no extra cost to the buyer.
8.4 Returns of surplus material are not accepted.
8.5 For any complaint, you can write to hola@fabricaderajoles.cat, call +34 93 809 64 13 or visit our premises. Official complaint forms are available to consumers, and we will reply within one month at most.
9. Warranty
Before installing any piece, check that the material received is what you ordered and that it is correct: model, colour and shade, format, dimensions, quantity and condition of the pieces (cracks, chips, glaze defects). Mix tiles from different boxes to spread the shade variations.
If you find any defect, do not install the material: let us know at hola@fabricaderajoles.cat with photographs before doing anything with it.
Installing the material means accepting its appearance. Once installed, no claims will be accepted for visible defects that could have been detected before installation.
9.1 Handmade nature. The items are handmade specifically for each buyer to their specifications. Because of the process, the final product may vary in shade from the sample, and within the same batch there may be slight differences in shade and size and irregularities on the surface and edges. These variations are inherent in handmade products, are part of their value and are not considered defects.
9.2 What the warranty covers. The warranty only covers manufacturing defects that the product already had at the time of delivery.
9.3 What the warranty does not cover. The warranty never covers damage or defects caused after delivery, or those resulting from the handling or use of the material, and in particular:
- Incorrect installation or installation that does not follow the product’s technical instructions or good trade practice: unsuitable substrate, unsuitable adhesives, mortars or grout, insufficient movement joints, lack of waterproofing, etc.
- Cutting, drilling, polishing or any other handling of the pieces.
- Knocks, impacts, excessive loads, abrasion and wear from use.
- The use of aggressive cleaning or treatment products (acids, bleach, solvents, etc.) or inadequate maintenance.
- Using the product in a location or for a purpose other than the one stated in the order (for example, outdoors or on a floor when it was ordered for an interior wall).
- Damp, frost, structural movement of the building or any other cause unrelated to manufacturing.
- The variations in shade, size and texture typical of handmade production described in section 9.1.
9.4 Businesses and professionals. Where the buyer is a business or professional (builders, installers, interior designers, architects, distributors…), the warranty only applies to the material in the same condition in which it was delivered, uninstalled and unhandled. Once the material is installed, cut or handled in any way, the warranty is void. Claims must be notified in writing before installation and, in any case, within 15 days of delivery at the latest.
9.5 Consumers. Where the buyer is a consumer, they are entitled to the statutory conformity guarantee of three years from delivery, under Articles 114 et seq. of Royal Legislative Decree 1/2007, which covers only manufacturing defects existing at the time of delivery, subject to the exclusions in section 9.3. In the event of a covered defect, the consumer may request repair or replacement of the pieces and, if that is not possible, a price reduction or termination of the contract. The warranty does not include installation, removal or building costs arising from installing material with visible defects that could have been detected before installation.
10. Limitation of liability
10.1 In transactions with businesses and professionals, the liability of FRdT, its agents, employees, subcontractors and suppliers for claims arising from the performance or non-performance of its contractual obligations shall not exceed, in aggregate, the price of the material supplied, and shall in no case include installation or removal costs, loss of profit, loss of revenue, production or use, cost of capital, downtime costs, delays and claims by the buyer’s customers, or any other special, indirect or consequential damage. This limitation does not apply to consumers to the extent that the law does not allow it to be limited.
10.2 The buyer is aware of and expressly accepts that some products made by FRdT, owing to their handmade and decorative nature, do not carry CE marking.
11. Applicable law and jurisdiction
11.1 These terms are governed by Spanish and Catalan law.
11.2 In transactions with businesses and professionals, any dispute arising from the sale shall be heard by the courts of Igualada, the seller’s place of business.
11.3 Where the buyer is a consumer, they may bring a claim before the courts of their place of residence. They may also contact their local consumer information office or the Catalan Consumer Agency (Agència Catalana del Consum) to resolve the dispute out of court.