Sales Conditions

General Terms and Conditions of Sale

1. Definition of Terms

In these General Terms and Conditions, the following terms will be used as defined below:

  • "Buyer" shall mean the company or individual purchasing the Goods.
  • "Intellectual Property Rights" shall mean all patents, registered and unregistered designs, copyrights, trademarks, know-how, and any other forms of intellectual property applicable anywhere in the world.
  • "Specification" shall mean any specification (if applicable) included in the Seller's written quotation or any other written specification provided by the Seller.
  • "Goods" shall mean the articles or products and any part thereof that the Seller will supply to the Buyer, including packaging.
  • "Seller" shall mean NAUTICHANDLER, S.L., with its registered office at Contramuelle Mollet nº 9, CP 07012, Palma de Mallorca, Spain, VAT number ESB07923980. Telephone: +34 663 04 22 00 / +34 607 20 40 77. Email: administration@nautipaints.com

2. General Conditions

  • These General Conditions shall apply to the sale of Goods by the Seller to the Buyer, excluding any other conditions referred to by the Buyer, offered or relied upon during negotiations or at any stage of the dealings between the parties, including general or printed conditions offered by the Buyer, unless the Buyer specifically states in writing that they wish for such conditions to apply and the Seller has accepted them in writing. In this case, the specifically agreed conditions shall prevail over these General Conditions, which will apply subsidiarily.
  • Modifications to these General Conditions, including any specifically agreed conditions, shall not apply unless the Seller has agreed to them in writing.
  • The General Conditions may be amended and/or updated by NAUTICHANDLER due to new regulations or for other reasons.

3. Security

  • This website uses industry-standard information security techniques, such as firewalls, access control procedures, and cryptographic mechanisms, all to prevent unauthorized access to personal data. For these purposes, the user/buyer agrees that the provider may collect data for the purposes of authenticating access controls.
  • Our secure server ensures the privacy of the data you transmit to us. This privacy is achieved through the SSL protocol, encrypting the transmitted data using the RSA encryption system, ensuring that no one can access them as they do not have the necessary key. You can verify that your browser is secure if the lock symbol appears and the URL changes slightly, as it starts with https instead of http.

4. Seller’s Quotations and Offers

  • All quotations will be non-binding unless the offer includes an acceptance condition. In such a case, they will be valid for a period of 30 days. The Seller will only be bound by offers if the other party confirms in writing the acceptance of the same within 30 days unless otherwise stated.
  • If the acceptance deviates (in minor elements) from the offer made, the Seller shall not be bound by it.
  • Unless expressly agreed in writing by the Seller, the Buyer shall have no right to cancel an order or claim compensation in the event of delays in the delivery of the Goods. In the case of partial delivery of an order, the Buyer shall not refuse to pay the price of the Goods already delivered.

5. Price and Payment

  • The price shall be the NAUTICHANDLER Retail Supply Price minus the agreed discount, unless otherwise agreed in writing by the parties. The Seller will periodically update the Retail Supply Price without prior notice to the Buyer. This will not imply any price changes concerning quotations already accepted by the Buyer.
  • The price does not include VAT or any other taxes, duties, commissions, customs charges, insurance, packaging, transport, or any other charges not specifically mentioned.
  • Credit terms may be offered subject to satisfactory credit verification of the Buyer by the Seller. The credit offer will be at the Seller’s sole discretion.
  • If credit is offered, payment of the price, VAT, and any other applicable costs will be due 30 calendar days from the date of the invoice issued by the Seller, unless otherwise agreed in writing.

Nautichandler S.L. will issue invoices on the 15th and 30th of each month and will send them only by email. It is the client’s responsibility to keep all payment and billing information up to date. For any changes in data or inquiries related to Invoicing and Payments, please contact Admin Department: susana.chicon@nautichandler.com // +34 663 042 200

6. Nautipro Loyalty Discount Program

  • Discounts are only available to businesses subscribed to the professional loyalty program.
  • NautiPro discounts are subject to change and may be partially or fully canceled without prior notice. Discounted rates are subject to product availability at the time of purchase.
  • Conditions for returns and exchanges can be consulted in the General Sales Conditions available on our website or through the Orders Department.
  • The discount has no cash value and no cash or credit alternative will be offered.
  • The discount cannot be used in conjunction with any other offer, promotion, or existing agreement.

7. Online Sales

At Nautichandler.com, you can use the following payment methods: Visa, MasterCard, and PayPal

You must enter your card details during the confirmation of your order. You can also add a credit or debit card to your account and modify or remove existing cards in the Payment section of My Account. For more information, visit our help page on how to add and manage your payment methods.

Your card payment details are protected at all times thanks to our secure server.

Your credit or debit card may be subject to payment verification by the issuing bank. For more information, see our help page Card Payment Method Verification.

If you encounter any issues with your payment method or receive a notification of a declined payment, you can find more information on how to resolve it on our help pages for Declined Payments and Reading Your Bank Statement.

For Credit/Debit Card Payments

Authorization for the charge will be requested in the same email as the invoice is sent. Failure to respond within 5 days authorizes Nautichandler to charge the card for the invoice amount. The payment receipt will also be sent to the customer by email.

Invoices not paid within 30 calendar days may be subject to a 1.5% increase.

For Payments by Bank Transfer -

The expected payment date will be requested in the same email as the invoice is sent. The payment date should never exceed 15 days without prior notice to Nautichandler. In any case, payment must not exceed 30 calendar days. Invoices not paid within 30 calendar days may be subject to a 1.5% increase. As a payment guarantee, credit card details (Visa/M.C./Amex) are requested. These will ONLY be used in the event of overdue invoices.

For Bank Direct Debit Payments

Invoices will always be due on the 20th of the month following the invoice date. Nautichandler will inform the buyer of the bank debit date in the same email as the invoice is sent. Returned direct debits will be subject to a 1.5% increase and must be paid by transfer within a maximum of 10 calendar days.

  • In cases where no credit is offered, payment will be required before the Seller dispatches the Goods.
  • The Seller shall have the right to charge interest on overdue and unpaid invoices from the due date until payment at a rate of 2% per annum above the legal interest rate in the case of consumers, or the default interest rate applicable in commercial transactions (Law 3/2004) in other cases.
  • If the payment of the price or any part thereof is not made by the due date, the Seller shall have the right to:
    • Require payment before the delivery of Goods that have not yet been delivered;
    • Refuse to deliver any Goods that have not been delivered without liability to the Buyer for failure to deliver or delay in delivery.

8. Order Placement and Confirmation

  • To place an order, you must log in to www.nautichandler.com and follow the instructions provided on the website at all times. To proceed with the purchase of the products, you must add the product you wish to purchase to the cart, following the on-screen instructions. You can only place an order if you are over 18 years old.
  • The prices and offers displayed on the website are valid exclusively for online orders placed at www.nautichandler.com. All prices published on our website include VAT. The validation of the order by the Buyer expressly implies knowledge and acceptance of these general terms and conditions as part of the contract. Unless proven otherwise, the data recorded by NAUTICHANDLER, S.L. constitutes the evidence of all transactions made between NAUTICHANDLER, S.L. and its customers.
  • Once the purchase has been made, the NAUTICHANDLER, S.L. Customer Service will send a purchase confirmation by email as soon as possible, always before 24 hours have passed since the purchase.
  • This order confirmation is binding on the Buyer unless it is withdrawn immediately. Any other product request submitted to NAUTICHANDLER, S.L. by the Buyer after the Buyer has received the notification of products being prepared shall be considered a new and independent order.
  • Any quotation will be considered non-binding unless otherwise expressly agreed.

9. Description and Image

The descriptions given or applied to the Goods, along with the provided images, are for identification purposes only. The Buyer shall verify that the Goods are suitable for the intended purpose.

10. Sample

Where a sample of the Goods is shown to the Buyer for inspection, the parties to this agreement accept that the sample shall be representative of their nature and the bulk of the order may differ slightly due to the manufacturing process.

11. Delivery

  • Delivery of Goods within the national territory shall take place at the address specified by the Buyer on the date indicated by the Buyer or as close as possible to that date unless otherwise agreed in writing.
  • In the case of exports, deliveries within the EU, special orders, or urgent cases, the corresponding International Commercial Term (Incoterm) will be specified, which will be EXW (Ex Works) unless otherwise agreed.
  • The Buyer shall carry out all necessary procedures to receive delivery of the Goods whenever delivery is offered. The signature in the space reserved for this purpose on the invoices and/or transport delivery notes shall imply acceptance of the delivery made.
  • Notwithstanding the above, if the Seller is unable to deliver the Goods due to actions or circumstances beyond the control of the Buyer, the Seller shall have the right to store the Goods until delivery is made, and the Buyer shall be responsible for any costs related to such storage.
  • Damages and shortages in the delivered Goods, and duplicate orders must be reported to the Seller within seven days of receipt to allow for replacement or refund.
  • Delivery terms are indicative only. NAUTICHANDLER shall not be liable for delays in the delivery of Products or any consequential damages caused by late delivery.
  • Unless otherwise agreed, shipping costs shall be borne by NAUTICHANDLER and added to the purchase invoice. Any customs clearance charges shall be borne by the Buyer.
  • NAUTICHANDLER shall not be liable for any damage to the product occurring during transportation.
  • If the shipment is not organized by NAUTICHANDLER but by the Buyer, the goods will travel at the Buyer’s risk.

12. Risk

The risk in the Goods shall pass to the Buyer once the Buyer has received the Goods. In cases where the Buyer chooses to collect the Goods themselves, they shall assume the risk when the Goods are entrusted to them or when they are set aside for collection, whichever comes first.

13. Title of Ownership

The title of ownership of the Goods shall not pass to the Buyer until the Seller has received full payment for the Goods.

14. Return of Unused Goods

  • The sale of the Goods is made on a firm basis, meaning that the Seller will not accept the return of Goods that the Buyer does not need or cannot sell, unless otherwise agreed, in which case the following conditions shall apply.
  • All returns must be pre-authorized. In accordance with Directive 2011/83/EU on consumer rights and the General Law for the Defense of Consumers and Users in Spain, the return period or right of withdrawal for online purchases is 14 calendar days from the receipt of the product. The Buyer must request the return form and complete it for processing.
  • In cases where the Seller agrees to accept the return of Goods that are undamaged and retain their original packaging, the Buyer will be responsible for the transportation costs and shall ensure that they are carefully packed to avoid any damage during transportation. The Seller will not be obliged to accept Goods that have been damaged in any way. The Seller will only accept returns of stock items or those previously agreed as returnable.
  • Some Goods may be subject to a restocking charge, which will be communicated to the Buyer before any Goods are returned.
  • The Seller will not accept the return of Goods purchased specifically on behalf of the Buyer, i.e., special/custom orders.
  • The credit of amounts owed or paid will only be made for Goods that are in a saleable condition.

15. Warranty

The warranty for the Goods shall be that established by the producer or manufacturer of each brand indicated in the record of each Good.

16. Limitation of Liability

  • To the maximum extent permitted by applicable law, the Seller shall not be liable for malfunction, defects, or failures of the Goods sold to the Buyer insofar as the Seller is not the manufacturer. However, the Seller will (i) inform the Buyer within a reasonable time of the identity of the producer or manufacturer, or of the person or entity who supplied the product, (ii) process the Return Authorization request with the manufacturer, and the Buyer will have to send the Goods to the Seller or manufacturer as indicated by the Seller, and (iii) make every effort to facilitate communication between the manufacturer and the Buyer.
  • The Buyer shall examine the Goods within the next 30 calendar days from delivery. After this period, the Buyer will consider the Goods compliant. Otherwise, the BUYER shall immediately notify the Seller that they reject all or part of the Goods damaged in that delivery and complete a Return Authorization request.
  • Provided that the Return Authorization notice is made within the aforementioned 30-day period or during the warranty period, if it is reasonably demonstrated to the Seller or manufacturer that the Goods substantially breach the Warranty, the Seller or manufacturer shall be given a reasonable opportunity to correct such failure. If the failure is not corrected, the Seller, with the prior consent of the manufacturer, at the Buyer's discretion, (i) will refund the purchase price (or, if the Goods have depreciated for reasons other than the Seller’s breach or have been used or processed, a reasonable part of the purchase price), or (ii) will replace part or all of the Goods, if reasonably viable, within a reasonable time and free of charge. Such correction, refund, or replacement shall, subject to clause 12.vi, be the Seller's sole responsibility concerning any such failure and shall in no event exceed the invoice value of the Goods in question.
  • Goods subject to a Return Authorization request shall, to the extent possible, be retained for inspection by the Seller or manufacturer and shall be returned to the Seller, at the Seller’s expense, if the Seller reasonably requests.
  • Neither the Seller nor the manufacturer, as applicable, shall be liable for any of the following: The Seller does not exclude or limit liability that cannot be excluded or limited between Buyer and Seller, particularly for Buyers operating as consumers, as a matter of law under any applicable legislation. (b) The Buyer shall immediately notify the Seller of any claim against the Buyer under any consumer protection legislation that grants consumer rights that the Seller cannot exclude or limit by law. The Seller shall only be liable to the Buyer if the Goods were defective, in accordance with applicable law, at the time of delivery by the Seller, and shall not be liable to the extent that liability arises from any act or omission of the Buyer.
    • In cases where the Buyer does not strictly comply with the Seller’s or manufacturer’s instructions or Specifications regarding the Goods.
    • In cases of improper use of the Goods or where the Goods are not suitable for the Buyer’s intended purpose.
    • The incompatibility of any Goods supplied by the Seller with products from other manufacturers or suppliers.
    • Inadequate or improper surface preparation or coating application work carried out by the Buyer or third parties, or defective equipment or product thereof.
    • Statements, advice, or assistance given or not given regarding the Goods, services, Specifications, or the contract, other than services specifically charged for by the Seller. In this latter case, the Seller shall provide the services with reasonable care and skill, and liability for failures shall be limited to a refund of the fees charged for such services.
    • Supervision or quality control (or lack thereof) by or on behalf of a third party.
  • Without prejudice to any other limitation of the Seller’s liability, whether effective or not: The Warranty and the Buyer’s remedies under clause 12 replace all other warranties, obligations, representations, liabilities, or conditions concerning the Goods or services, which are hereby expressly excluded.
    • Under no circumstances, including negligence or breach by the Seller, shall the Seller be liable for any loss of profit, use, contract, goodwill, business, or anticipated savings;
    • Except as stipulated in clause 12.vi, the Seller’s total liability under any proceedings or law in relation to the Goods, or the contract is limited to the cost of the Goods sold.

17. Third-Party Claims

The Buyer shall indemnify the Seller against any liability incurred by the latter (i) for incorporating the Buyer’s goods into the Products or complying with the Buyer’s Specifications or other instructions related to the Goods; and (ii) arising from the use of the Goods or dealings with them by or on behalf of the Buyer, except in cases stipulated in clause 12.vi or if it arises from a willful breach by the Seller.

18. Termination

  • Either party may terminate this agreement immediately with reasonable prior written notice to the other party: (i) if the other party materially breaches this agreement, provided that written notice of the breach is given to the other party and they are given a period of fifteen (15) days to remedy the breach; (ii) for repeated material breaches of this agreement by the other party; or (iii) if a party is declared insolvent or bankrupt, or subject to judicial administration or a similar procedure.
  • In particular, the Seller may, without prejudice to its other rights or remedies, terminate or suspend the Seller's performance of all or any part of the contract in the following relevant circumstances. The Seller may also suspend deliveries or the provision of complementary services while investigating any claim relating to previous shipments (under any contract) of Goods. The relevant circumstances are:
    • The Buyer does not accept the delivery of the Goods or services (if any) or does not pay for them on the due date, or breaches any other term of the contract; or
    • In the case of a lump sum contract, a substantial increase in the Seller’s manufacturing and supply costs of the Goods or services has occurred between the date of the contract and the date of dispatch due to circumstances beyond the Seller’s reasonable control (as outlined below in clause 17), and the Seller and Buyer have not reached an agreement within 30 days from the Seller notifying the Buyer of such increase on a reasonable price adjustment for the remaining deliveries to reflect such increase.

19. Intellectual Property Rights

  • All Intellectual Property Rights arising from the performance of this Agreement shall, to the extent that they are not already, be the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights are vested in the Seller by executing the appropriate instruments or agreements with third parties.
  • The Buyer shall not use the trademarks or trade names applied to the Goods or used by the Seller in relation thereto in a manner not approved by the Seller.

20. Failure to Perform the Contract and Refund of Amounts

  • In the event of non-performance of the contract by the entity due to the purchased product being unavailable or for any other reason, the customer will be informed of this unavailability and/or reason justifying it and will recover without undue delay the amounts paid under the same.
  • The refund will be made through the payment method used for the purchase.
  • NAUTICHANDLER, S.L. will not refund the amount or ship any merchandise until the receipt and condition of the packaging and accessories of the item subject to return or exchange have been verified in our warehouses. The price to be refunded is the one originally listed on the order, except for shipping costs. Once the correct condition of the returned product has been verified, NAUTICHANDLER, S.L. will process the refund within a maximum of 15 days.

21. Force Majeure

The Seller shall not be liable for the delay in fulfilling any of its obligations or for failing to fulfill them due to circumstances beyond its reasonable control, including, but not limited to, acts of God, strikes, lockouts, accidents, war, fire, plant or machinery breakdowns, or shortages or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of time to fulfill its obligations. If the delay continues for a period the Seller deems unreasonable, the Seller may, without liability on its part, terminate the contract.

22. Relationship of the Parties

Nothing in these Terms and Conditions shall be construed as constituting or implying a partnership or joint venture between the parties, or that either party is the agent of the other.

23. Assignment and Subcontracting

The contract for the sale of Goods between the buyer and the seller shall not be assigned or transferred, and the performance of obligations shall not be subcontracted, in any case by the buyer, without the prior written consent of the Seller.

24. Waiver

The failure of either party to enforce at any time or for any period the provisions of these Terms and Conditions shall not be construed as a waiver of such provisions or of the right to enforce them subsequently.

25. Severability

If any provision of these Terms is deemed invalid, illegal, or unenforceable for any reason by any competent court, such provision shall be severed, and the remainder of the terms of this agreement shall continue in full force and effect as if they had been agreed with the invalid, illegal, or unenforceable provision eliminated.

26. Notices

Any notices required to be given in connection with this contract shall be delivered in person or sent to the seller’s or buyer’s address and sent by reliable means, including fax, subject to confirmation of transmission, burofax, email with acknowledgment of receipt issued by the recipient or automatically by the system, or sent by urgent mail, five business days after the date of shipment to the buyer's or seller’s address.

27. Personal Data

In accordance with Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, the Seller informs the Buyer that the Data Controller is NAUTICHANDLER, S.L. The purpose is to manage the Seller’s customer relationships. The Seller will process the Buyer’s information to supply the Goods and/or provide the requested service and bill for it. The data provided will be kept as long as the business relationship is maintained or for the years necessary to comply with legal obligations. The data will not be transferred to third parties unless there is a legal obligation to do so. The Buyer has the right to obtain confirmation as to whether NAUTICHANDLER is processing their data and, therefore, has the right to access their personal data, rectify inaccurate data, or request its deletion when the data is no longer necessary by writing to NAUTICHANDLER S.L., Contramuelle Mollet nº 9, CP 07012, Palma de Mallorca, Spain, CIF B07923980, Phone: 971 72 39 77 or by email to order@nautichandler.com

28. Language

The Spanish version of these general terms and conditions shall prevail at all times in the event of disputes relating to the interpretation and purpose of these terms and conditions.

29. Changes to Terms

The most recently saved version shall always apply, or, as the case may be, the valid version at the time the contract was entered into, which the Buyer could access through the seller's website. If the new terms are not accepted, the Buyer will have the right to terminate this contract.

30. Applicable Law and Jurisdiction

The languages in which the contract can be formalized on this page are English and Spanish. However, this contract shall be governed by and construed in accordance with Spanish law, and the parties hereby submit to the exclusive jurisdiction of the courts of Palma de Mallorca. However, the Seller may file lawsuits in any other competent court.

31. Validity of these General Terms and Conditions

The Parties expressly ratify the validity of all the clauses set out in these General Terms and Conditions.

GENERAL TERMS AND CONDITIONS IN FORCE SINCE JANUARY 2020

UPDATED AND REVISED 2024