General Terms and Conditions

1. Definitions

In these General Terms and Conditions, the following terms shall have the meaning stated below:

“Legal Notice and Privacy Policy”: This refers to the legal texts of legal notice and privacy policy document and personal data that appear on the Website.

“Buyer”: This refers to the person, firm or company that acquires the Work through the Seller either in person at the fixed exhibition sites of the Work or through the Website.

“Agreement”: This refers to the Purchase Agreement formalized between the Seller and the Buyer, either in person at the fixed exhibition sites of the Work or at the domicile or facilities of the Seller, or remotely through the Website, for the sale of the Work, and that includes in all cases these General Terms and Conditions..

“Working Day”: This refers to the working days of Barcelona (Spain).

“Delivery address”: This refers to the place of delivery of the Work identified by the Seller in the “Shipping and delivery” section of the Agreement, which must be within the territory of Spain.

“Work”: This refers to the work “L’Aurea Dicta de Miquel Barceló” comprising a case with lectern, the book, the addendum of translations and the stamped work.

“Web page”: This refers to the website “www.aureadictademiquelbarceló.cat”, property of the cooperative SOM, S.C.C.L., second degree cooperative; domiciled in Barcelona, C/Premià, 13, ground floor, CP 08014; established on June 3, 2004, by means of a document authorized on July 22, 2004, before the Notary Public of Barcelona, Josep-Lluis Gasch i Riudor, under number 1.006 of his notary records, and registered in the Catalonia Central Registry of Cooperatives of the Autonomous Government of Catalonia, under registration number 13.215; with Tax ID No. F-63.577.167. For any enquiry, contact us by email address info@aureadictademiquelbarcelo.cat, or call 93 634 64 04. Telephone service hours are from 10:00 a.m. to 5:00 p.m., from Monday to Thursday and from 9:00 a.m. to 2:00 p.m., on Fridays.

“Party”: the Seller or the Buyer individually and, “Parties” are jointly each Party.

“Price”: It refers to the amount of THREE THOUSAND FIVE HUNDRED SIXTY-FOUR EUROS (€3,564), VAT included, which the Buyer must pay to the Seller for the purchase of the Work.

“Insolvency Situation”: This refers to the Buyer in relation to any act, action, judicial process or of any other nature, in any jurisdiction, in relation to or leading to insolvency, dismissal of payments, dissolution, liquidation, cessation of activity, and/or a creditors’ meeting, as well as any encumbrance or charge being imposed on the Work or any part of it, without the Price having been paid; or when there is a situation analogous to any of the above in any jurisdiction in which the Buyer operates or to which it is subject.

“General Terms and Conditions”: This refers to the present general terms and conditions applicable to the Purchase Agreement of the Work, and that form an integral part of the Agreement for all purposes.

 

2. Pre-contractual information
   • The Buyer expressly declares that he/she/it has been provided with the General Terms and Conditions prior to the signature and acceptance of the Agreement, and with sufficient time to read and understand its contents in their entirety. In particular, the Buyer acknowledges that he/she/it has been informed in a timely manner of the Work, of the Seller’s details, of the Price and payment of the Price, of the delivery conditions of the Work and of the associated costs, as well as of the right of withdrawal to which he/she/it are entitled and of the Legal Notice and Privacy Policy affecting them. All such information and documentation has been provided in writing and/or through the Website, prior to the execution of the Agreement.
   • Both the Agreement and the General Terms and Conditions and, in particular, the contractual information present on the Website, are displayed both in Spanish and in Catalan, and communication with the Buyer, as well as the execution of the Agreement, shall be made in the language chosen by the Buyer for such purposes.

 

3. Application of General Terms and Conditions
   • The purpose of the Agreement and, therefore, of the General Terms and Conditions is to describe and regulate the conditions that apply to the purchase of the Work, as well as the consequences of the breach in relation to said operation.
   • The Agreement is subject to the provisions of the same and the General Terms and Conditions, excluding the application of any other terms and conditions, including any terms and conditions endorsed, granted, included as reference or content in any other document such as offers, orders, delivery notes, etc., none of which shall be part of the Agreement due to the fact that it is referred to in the Agreement or may be occasionally provided by the Buyer in any communication.
   • The Buyer states that he/she/it shall not be bound by any statement, promise or affirmation made by or on behalf of the Seller and that are not included in the Agreement and/or in these General Terms and Conditions for the execution of the Agreement
   • The General Terms and Conditions may be modified at any time unilaterally by the Seller, although such modifications shall not affect the purchase Agreements of the Work already executed by the Parties. The new General Terms and Conditions must be published immediately on the Website for application to future purchase Agreements of the Work and so that they may be known in advance by future buyers.

 

4. Order
   • The Buyer must place the order of the Work always in writing, by signing the Agreement, including the General Terms and Conditions, as well as the Legal Notice and the Privacy Policy as applicable, and delivery to the Seller of such documents duly signed by a person with sufficient capacity for this purpose.

With online sale of the Work through the Website, the Buyer must place the order by connecting to the Website, registering as a user and, subsequently, must complete the specific electronic form of the Agreement following the instructions indicated, expressly accepting the Agreement once duly completed, as well as these General Terms and Conditions and the Legal Notice and the Privacy Policy of the Website. The electronic form, these General Terms and Conditions and the Legal Notice and the Privacy Policy are accessible and downloadable by the Buyer directly through the Website itself.

The Seller may request the Buyer reasonable additional documentation that is necessary for the purpose of validating the identity, capacity, representation and sufficiency of the powers of the Seller, as well as in case of purchase of the Work in the form of deferred payment, the necessary documentation to verify and validate the Buyer’s solvency for the purposes of the Agreement. For this purpose, the Seller shall make the corresponding inquiries in the databases of Asnef – Equifax with the data provided by the Seller. The Buyer undertakes to promptly provide the information and complete and truthful documentation and to keep it updated at all times.

Similarly, in case of purchase of the Work in the form of deferred payment, the Buyer is obliged to promptly inform the Seller of any change that occurs in the information and documentation provided for the above purposes, until the full payment of the Price and other amounts due under the Agreement.

The order of the Work or any verbal query shall not be valid or binding, and the Seller will have no obligation in relation to such requests or verbal inquiries.

• Subject always to the availability of stock of the Work, any Agreement must also be expressly accepted in writing by the Seller by signing the Agreement, previously signed by the Buyer. The Seller has a maximum period of two (2) Business Days to accept the Agreement, in such case sending a written confirmation to the Buyer, together with the Agreement signed by the Seller. In the event that the aforementioned Agreement is not expressly accepted by the Seller, it shall be understood that the order has not been accepted by the Seller.

With the online sale of the Work through the Website, the acceptance by the Seller of the Agreement previously accepted by the Buyer shall be made by sending the Buyer an express confirmation email to the address identified by the Buyer in the Agreement and of the copy of the Agreement signed also by the Seller. The Seller has a maximum period of two (2) Business Days to accept the Agreement. In the event that the aforementioned Agreement is not expressly accepted by the Seller, it shall be understood that the order has not been accepted by the Seller.

• The Buyer’s firm order (made as established in Sections 4.1 and 4.2 above of these General Terms and Conditions) shall constitute the binding Agreement for the Parties for the purchase of the Work subject to these General Terms and Conditions, which are expressly included into the Agreement.
• The Seller must provide the Buyer with confirmation of the Agreement held on a durable medium and within a reasonable time after the conclusion of the Agreement, at the latest at the time of delivery of the Work at the Delivery Address.

 

5. Withdrawal option
   • The Buyer is granted the right to withdraw from the Agreement, which may be exercised within the maximum period of fourteen (14) calendar days following the delivery of the Work in the Delivery Address. The withdrawal must be communicated to the Seller in writing and by reliable means, and the following requirements must be met:

(a) Not having used the Work more than for the purpose of a simple examination or test, the Work being in perfect condition.

(b) Return the Work, within the period indicated above, in the place, form and state in which it was received and free of all expenses for the Seller. The deterioration of the packaging, when necessary to access the Work, shall not prevent its return.

• In the event of termination of the Agreement by the Buyer, the costs and risks of the return of the Work including transportation to the Seller’s premises are entirely borne by the Buyer, with total indemnity for the Seller.
• The Seller shall proceed to pay within a maximum period of seven (7) Business Days from the receipt of the notice of withdrawal and the Work, the amount already paid by the Buyer in relation to the Price of the Work in the same way in which he/she/it has received it, being able to retain, where applicable, the amount of the costs and expenses that the Seller must support for the recovery of the Work in case it has still not been returned to it and/or it has not been returned under the conditions indicated in section 5.1. of these General Terms and Conditions.

 

6. Delivery
   • The Buyer must identify in the Agreement the place of delivery of the Work, which must be within the territory of Spain and with availability for the reception of the Work during business hours (hereinafter, the “Delivery Address”).

Unless the Seller authorizes otherwise expressly and in writing, the delivery of the Work shall take place once the Seller or its transport agent makes the actual delivery of the Work at the delivery address established in the Agreement. The Buyer is obliged to sign the delivery note for the Work upon its delivery. In the event that proof of delivery is not signed, the delivery of the Work shall not be made and it shall be understood that it could not be carried out for reasons attributable to the Buyer.

• The transport costs of the Work from the Seller’s facilities or warehouses to the Delivery Address are the responsibility of the Seller, provided that the Delivery Address is in Spanish territory, the Balearic Islands, Canary Islands, Ceuta and Melilla being an exception.

In the Balearic Islands, Canary Islands, Ceuta and Melilla, the Seller may also make deliveries of the Work, although the Buyer must assume the extra cost of transport necessary for the purposes and pay this in advance to the delivery of the Work. The information on the extra cost of transport shall be provided beforehand and in writing by the Seller to the Buyer. For international sales, we refer to Section 8 below.

• Delivery of the Work can only take place if the total amount of the Price has already been paid through a purchase method for the Work with cash payment or if the first instalment for the Work has been previously paid by deferred payment, as well as in any case transport costs if applicable.
• Prior to the delivery of the Work, the Seller shall communicate in writing to the Buyer the estimated date and time of delivery. All the dates indicated by the Seller for the delivery of the Work are estimated, and the time of the delivery communicated shall not be binding nor can a complaint be made with regard to it. If no dates or hours are specified, delivery shall take place within a reasonable period and at most on the 5th or 15th day of the current month or the month following payment, depending on when the date of payment of the total amount of the price of the Work occurs via the payment method with cash payment or from the date of payment of the first instalment the payment method for the Work with deferred payment, and always within the following hours of the Working Days of the city of Barcelona and Delivery Address: between 09:00 and 19:00, from Monday to Friday.
• Any other procedures for the delivery of the Work must be previously approved expressly and in writing by the Seller.
• Without prejudice to the rest of the provisions of these General Terms and Conditions, the Seller shall not be held liable for any direct, indirect or consequential loss (among which are included, without the list being exhaustive: the purely economic loss, the loss of ordinary or extraordinary profit, the loss of commercial activity, the deterioration of the reputation of the brand or similar losses), costs, damages, charges or expenses borne directly or indirectly for any delay in the delivery of the Work. Similarly, no delay shall entitle the Buyer to cancel or rescind the Agreement unless such a delay exceeds thirty (30) days from the date of payment of the total price via the payment method for the Work in cash or from the date of payment of the first instalment via the payment method for the Work with deferred payment.
• If, for any reason, the Buyer does not accept the delivery of the Work when it is made, or the Seller could not deliver the Work on time because the Buyer was not in a position to accept the delivery or had not provided the corresponding instructions to the effects: (a) the risk of the Work shall pass to the Buyer; (b) the Work shall be considered delivered; and (c) the Seller may store the Work until delivery, in which case the Buyer shall be responsible for all associated costs and expenses (including, without the list being exhaustive, transport, storage, insurance and subsequent delivery costs).

 

7. Inspection and communication of possible defects or anomalies of the Work
   • From the date of receipt of the Work by the Buyer at the Delivery Address, the Buyer shall have a period of thirty (30) calendar days to inspect the Work and communicate, where appropriate, to the Seller any anomaly or defect related to the Work. Such communications of anomalies or defects must always be made within the thirty (30) calendar days indicated above, in writing and must be accompanied by the respective documentation and supporting information.
   • In the event that after the period of thirty (30) calendar days from the date of receipt of the Work by the Buyer, the Seller has not received any communication in this regard, it shall be understood that the Work does not have from any anomaly nor defect.
   • All the responsibility of the Seller for breaching the delivery of the Work shall be limited to their choice and at their sole discretion or (a) to collect the Work and repair it or replace it totally or partially with another without anomalies or defects, the Seller assuming in this case the cost of transport for both collection and the new delivery, under the terms and conditions set out in Section 6.2. of these General Terms and Conditions, or (b) to collect the Work, in which case the Seller assumes the cost of transportation of the collection under the terms and conditions established in Section 6.2 of these General Terms and Conditions, and to return the amount paid to date by the Seller to the Buyer as a Price in the same way as it was received. In both cases, the aforementioned actions of the Seller must be carried out within a reasonable period of time and at the latest within thirty (30) calendar days of the receipt of the notification of anomalies or defects, with the full cooperation of the Buyer for this purpose.
   • Unless otherwise agreed in writing, the Seller’s liability excludes all costs and damages arising from the following: (a) the improper or incorrect use, storage or manipulation of the Work; (b) failure to comply with the instructions for use, storage or handling indicated to the Seller in relation to the Work; (c) damages, intentional neglect or negligence by third parties other than the Seller in relation to the Work; (d) the normal wear and tear of the Work; and/or (e) the lack of cleanliness or inadequate cleaning of the Work or any piece of it.
   • As to the quantitative limit of the Seller’s liability for any item in relation to the Work, this shall be limited to the Work Price established by the Agreement and the Seller shall not be liable to the Buyer for any loss of profit (ordinary or extraordinary), loss of commercial activity or deterioration of the brand reputation (whether direct, indirect or consequential), as well as of any claim for compensation for consequential damages, whatever it may be (and regardless of the cause) that may arise from the Agreement or in relationship with this one.

 

8. International sale of the Work
   • When the Work is exported outside Spain and the delivery address is outside Spain, the provisions of this Section 8 (subject to any special terms and conditions that may have been agreed in writing by the Buyer and the Seller) shall apply, without prejudice to any other provision of these General Terms and Conditions.
   • The Buyer shall be responsible for complying with any law or regulation that regulates the import of the Work and its subsequent use or sale in the country of destination or use, as well as the payment of any duties on it.
   • The Parties undertake (in the organization of the international sale of the Work) to serve the Work Ex Works in the Seller’s facilities, according to the definition given in the 2010 edition of the ICC Incoterms. In addition, the terms of the United Nations Convention on Agreements for the international sale of goods or other international standards on the same subject shall not apply.
   • The Buyer shall inspect the Work at the point of delivery. However, the Seller shall not be liable for any claim for any defect in the Work that may be apparent in the inspection unless the Buyer submits their claim in writing within a maximum period of thirty (30) calendar days from the delivery date.
   • Unless the context requires otherwise, all terms or expressions defined or given a particular meaning in the provisions of the ICC Incoterms shall have the same meaning in these General Terms and Conditions. However, in case of conflict between both, these General Terms and Conditions shall prevail.

 

9. Risk and ownership
   • The risk on the Work shall pass from the Seller to the Buyer in accordance with the specific delivery terms.
   • Ownership of the Work shall not pass from the Seller to the Buyer until the Seller has received the full amount of the Price, in accordance with the agreed method of payment, as well as all pending amounts corresponding to the Work and any other sums that the Buyer owes or manages to owe the Seller for any reason, in accordance with Section 11 below of these General Terms and Conditions.

The Seller shall be entitled to collect payment for the Work, notwithstanding the fact that the ownership of the Work has not passed on to the Buyer.

 

10. Reservation of ownership
    • Whilst the Buyer has not fulfilled their total obligation to pay the Price of the Work and, where appropriate, other costs associated with the delivery of the Work, the Seller shall retain ownership of the Work (reservation of ownership), this remaining therefore in favour of the Seller and the Work which, where applicable, when in the power of the Buyer, shall be so in the capacity of a free deposit and without any cost for the Seller.

As long as the Buyer retains the Work, pursuant to the provisions of this Section 10, it cannot transfer or engage in any other act of disposal of the Work (beyond its mere use or possession) until the entire amount of the Price has been paid and without the written authorization of the Seller and shall store it in such a way as to allow its identification as the exclusive property of the Seller. In case of doubt as to the existence or not of reservation of ownership over the Work arising from its incorrect identification by the Buyer, it shall be understood that the Work in question is affected by such a reservation.

While the reservation of ownership obtains, the Buyer is obliged to maintain the Work in satisfactory conditions and to sign and ensure the validity of an insurance policy on behalf of the Seller that covers its full price against any common risk, loss or deterioration for any reason. When so requested, the Buyer must present to the Seller a copy of the aforementioned insurance policy.

• In case of lack of payment or delay in the payment of the Work by the Buyer, the Seller may withdraw the Work that is deposited at the Buyer’s premises. The Buyer grants the Seller, its agents and employees, an express, unequivocal and irrevocable authorization to enter at any time any of the facilities in which the Work is or may be deposited in order to inspect it or, once the Buyer’s right to possession has expired, to recover it.
• The Buyer’s right to the possession of the Work shall expire immediately in the event of an Insolvency Situation.

 

11. Price
    • Unless the Seller agrees otherwise in writing, the Price of the Work shall be the price expressly agreed with the Buyer and established in the “Price” section of the Agreement entered into between both Parties, including VAT.
    • The Price of the Work includes only the applicable VAT and the cost of transportation of the Work to the Delivery Address, in the terms provided in Section 5.2. previous of these General Terms and Conditions. In no case shall the Price include any export, import or other tax, encumbrance or duty, or any additional cost or burden in relation to packaging, loading, unloading, freight, transportation, customs clearance and insurance of the Work outside Spanish territory and/or the Balearic Islands, Canary Islands, or the autonomous cities of Ceuta or Melilla, all of which must be paid by the Buyer directly, in addition to what he/she/it must pay for the Work.

 

12. Payment
    • Unless otherwise agreed in writing, the payment of the Price of the Work shall be made in cash or by deferred method of payment. The costs and expenses contemplated in Section 5.2. previous shall be settled in cash and a maximum of five (5) calendar days before the scheduled delivery date of the Work.

In the event of sale of the Work in the form of cash payment, the payment of the Price shall be made by bank transfer to the account number indicated by the Seller for the purposes, or where appropriate by payment with a VISA or Mastercard credit card or also via the PayPal system, the expenses and bank fees associated with that means of payment being borne by the Buyer. Credit card payments through the Website guarantee the security of the Buyer’s data owing to the SSL Standard Protocol, which ensures that data travels encrypted across the network and that nobody can intercept or it use fraudulently. Credit card data is sent directly to the bank and this information does not reach third parties. In case of refusal of payment, the Buyer shall be informed in a timely manner in order to resolve the situation as soon as possible. In the case of payments through foreign banking entities or with bank cards issued by foreign entities, the issuing bank must be covered by the Secure Electronic Commerce Security Protocol (CES).

In the event of sale of the Work in the form of deferred payment, the amount of the Price to be paid in this form of payment shall be distributed proportionally to the number of months/instalments, with a maximum postponement of 36 months with instalments of NINETY-NINE EUROS (€99), VAT included. Payment of the Price shall be by direct debit from a Spanish bank, for which the Seller undertakes to provide all the information and authorizations required for the purpose of executing the respective direct debit. Monthly payments shall always be on the 10th or 25th of the month. The deferral in the payment of the Price shall not accrue ordinary interest; it shall only accrue interest in the event of non-payment or delay in payment in the terms set forth in Section 12.3. following these General Terms and Conditions.

The Seller shall issue in a timely manner the respective purchase invoice for the Work once the Price thereof has been due and fully paid by the Buyer to the Seller, under the agreed terms.

Any other forms of payment by the Buyer to the Seller must be previously approved expressly and in writing by the Seller.

• If the Buyer fails to meet any of the payments on their due date, the Seller shall have the right to suspend the delivery of any other Work to the Buyer in the framework of any other Agreement until full payment has been received in accordance with this Section 12.
• If the Buyer fails to comply with any of the payments on its due date, interest shall accrue on the amount in arrears from the due date and until the actual payment date (both before and after trial). Interest will be calculated on a daily basis taking into account one (1) year of three hundred and sixty-five (365) days and during the actual number of days elapsed. The interest rate shall be the basic rate set by the Bank of Spain that is current at that time, plus eight percent (8%).

Furthermore, in the event of default by the Buyer of its payment obligations in relation to the Agreement, the Seller may claim any expenses and costs incurred as a result of such breach and, in particular but not limited to, those that are necessary in the process of collection of defaults and/or recovery of the Work, or as a consequence of the return of direct debits, including expenses and legal fees.

 

13. Termination of the Agreement
    • The Seller, notifying the Buyer beforehand, may terminate the Agreement as of the date indicated in the aforementioned notification when the Buyer fails to comply with this Agreement and, being rectifiable, does not provide a solution within a maximum period of fifteen (15) days counted from the Seller delivering the notification containing the details of the breach and requesting its resolution.
    • The Seller may, with immediate effect and at any time, notify the Buyer beforehand, to terminate the Agreement in the event of an Insolvency Situation, provided that the Law allows such resolution in the specific case defined in these General Terms and Conditions. In case the Law does not allow such a contractual resolution, the Work shall be understood as having been sold through the prepayment method.
    • The rights or obligations of the Parties arising up to the date of termination (included) shall not be affected by the termination of the Agreement.

 

14. Force majeure

The Parties shall not be liable for breach of any obligation set forth in this Agreement provided and to the extent that such a breach is due to causes beyond their control, such as and not limited to: fire, flood, shortage or unavailability of fuel or electric power, accident, embargo, blockage, or government provision.

In this sense, the Party affected by a qualifying event of force majeure (as it is defined in the immediately preceding section) shall not be liable for the consequential damage or loss of profits derived from such a situation, provided that the affected Party notifies the other Party in writing and immediately after the occurrence of the event in question. If the cause of force majeure persists for a period of six (6) months, either of the Parties may consider the Agreement terminated without being obliged to compensate the other for any reason.

 

15. Confidentiality and Personal Data

Apply the Legal Notice and Privacy Policy of the Website.

 

16. Notifications
    • Except as otherwise expressly provided in this Agreement, any notifications, requirements, requests and other communications that must be made under it will be made in writing and it shall be understood that they have been duly made when they have been delivered personally with acknowledgement of receipt or when they have been sent by fax, email, bureaufax or certified mail, all of them with acknowledgement of receipt, for the attention of the person and the address indicated in the Seller’s Identification section and the Buyer that appears in the Agreement or of those other persons or addresses that either of the Parties designates in writing in accordance with this Section.
    • Any change of the contact data referred to above must be notified to the other Party sufficiently in advance by registered mail with acknowledgement of receipt.

 

17. General provisions
    • All rights or remedies of the Seller stipulated in the Agreement do not exclude any other right or remedy of the Seller, whether included in such documents or not.
    • The rights granted to the Buyer under the Agreement are personal, indivisible and non-transferable. Consequently, the Buyer may not assign or transfer to third parties its position arising from the Agreement, nor may it transfer, totally or partially, the rights and/or obligations arising from those documents, without the Seller’s prior, express and written consent.

For its part, the Seller may assign the Agreement, or part of it, to any person, firm or company.

• The Agreement, respective General Terms and Conditions and Annexes constitute all the agreements adopted by the Parties in relation to the purpose of the Agreement, and substitute any other oral or written agreements existing until the date that the Parties consider it as being concluded and satisfied.
• No modification or amendment of the Agreement and/or the General Terms and Conditions and its Annexes shall be valid unless made in writing and signed by the Seller and the Buyer.
• If any section of the Agreement and/or the General Terms and Conditions are declared, totally or partially, null or ineffective, such nullity or inefficacy will affect only the aforementioned provision or the part of it that is null or ineffective, the Agreement and/or the General Terms and Conditions remaining in force for all other matters, taking such a provision, or part thereof that is affected
• The waiver by any of the Parties to demand absolute compliance with the terms of the Agreement shall not constitute a waiver of the rights that correspond to them by virtue thereof.

 

18. Applicable legislation and competent jurisdiction
    • The Agreement and the General Terms and Conditions shall be governed and interpreted in accordance with the applicable law in Catalonia and, failing that and with a supplementary nature, with the applicable law in Spain.
    • In order to resolve any disputes that arise in relation to the execution, existence, interpretation, validity, compliance and any other aspects of this Agreement and the General Terms and Conditions, the Parties submit to the jurisdiction of the Courts and Tribunals of the Buyer’s domicile, provided that it is within Spanish territory. In the event that the Buyer’s domicile is abroad, the Parties, expressly waiving any jurisdiction that may apply to them, shall submit to the jurisdiction of the Courts and Tribunals of the city of Barcelona (Spain).

 

19. Express knowledge of the Agreement and the General Terms and Conditions

The Buyer expressly declares that he/she/it has been provided with the General Terms and Conditions prior to signing and accepting the Agreement and with sufficient time to read and understand its contents, and that he/she/it has carefully read and negotiated with the Seller the Agreement and consequently each and every one of the Sections that comprise these General Terms and Conditions, signing them without exception and with full knowledge of them and their meaning and consequences, without limitations.