General Terms and Conditions of Sale & Service

ACTILUM RGB, S.L.

Note on deadlines

Unless expressly stated otherwise, all time periods indicated in these General Terms and Conditions of Sale shall be understood to refer to working days.

1. Order confirmation

To initiate an order with Actilum, the customer can contact us by the means that is most convenient for them (telephone, email, social networks, etc.). However, in order to be able to confirm and process it correctly, the order must always be placed by email.

Once received, Actilum will confirm receipt of the order within approximately 24 working hours, but this does not yet imply final acceptance.

In some cases, due to the complexity of the product or solution requested, a prior technical review may be required, which may extend the response time up to a maximum of 96 working hours.

Since most of Actilum’s products are made to order and customized, manufacturing and shipping deadlines are defined on a case-by-case basis and are always communicated in writing once the order has been validated.

2. Offers and validity

Unless expressly stated otherwise, offers issued by Actilum shall be valid for 30 calendar days from the date of issue.

After this period has elapsed, the offer must be revalidated before acceptance and may be subject to revision of price, time or availability.

3. Terms of payment

The first order with Actilum must be paid in advance by bank transfer, according to the conditions indicated in the corresponding offer.

Subsequent orders may have 30-day payment terms, provided they have been previously approved by Actilum and the customer’s payment history is correct.

The following means of payment are accepted: bank transfer, direct debit or SEPA receipt, promissory note or confirming, subject to validation by the financial department.

Invoicing of the material will be made when the order is ready and available for shipment or pick-up, or within 24 working hours of such availability, regardless of the actual date of delivery or pick-up.

*Full payment in advance by bank transfer is a sine qua non condition for the conclusion of the first contractual relationship with Actilum. The granting of 30-day commercial credit in successive transactions is at the company’s discretion, subject at all times to positive validation by the financial department and the maintenance of an unblemished payment history.

4. Cancellations and costs

Order cancellations must always be requested in writing. Since Actilum’s products are mostly made to order, the cancellation of an order may involve the invoicing of costs already incurred depending on the state of production at the time of the request.

General criteria applicable to LUXPANEL and SMD:

• Production started and with a progress of more than 50%: 100% of the order amount (excluding transport) will be invoiced. The material will remain at the customer’s disposal.
• Production started and with a progress equal to or less than 50%: 50% of the amount of the order (excluding transport) will be invoiced. The material will remain at the customer’s disposal.

Exception – reusable standard SMD product (high rotation references without special configuration): In case the production is finished and the customer does not wish to receive the material, Actilum may accept the cancellation by applying a charge of 30% of the order amount, provided that the product is fully reusable.

Stock products (power supplies, controllers, LED strips without handling): Cancellation may involve a charge of 10% of the amount, as administrative management and stock handling.

In case of cancellation, the amounts paid in advance will be adjusted according to the actual status of the order at that time, and may result in an amount to be refunded or an amount to be credited according to the criteria described in this section. When an order has already been shipped and the customer requests its cancellation or refund, this will be subject to the prior acceptance of Actilum. If accepted, the criteria described in this section shall apply and the transportation costs arising from the return shall be borne by the customer.

5. Order modifications

Any modification to an order must be requested in writing and is subject to prior validation by Actilum.

Depending on the status of the order, some modifications may be accepted without relevant impact, while others may imply adjustments in price, deadline or technical feasibility.

When a modification implies a total or partial redo of the production or is not technically or economically feasible, Actilum may treat such modification as a partial or total cancellation of the order, applying the criteria set forth in the previous point.

Note on financial costs: It is important to consider that any cancellation, even of standard material in stock, entails a minimum charge of 10%. Also, if the material has already left our facilities, the acceptance of the return does not exempt the customer from the responsibility for the totality of the logistic costs generated.

6. Shipping and transportation

Transportation will usually be carried out by external logistics operators. In export operations, transportation will be governed by the Incoterm previously agreed between the parties. In case of logistical incidents, Actilum will provide support in the management with the corresponding operator, without assuming responsibility for the transport service or final delivery times.

When the customer decides to arrange for the collection of the material -either by means of his own transport or directly contracted by him-, the collection must be made within the following maximum periods from the communication of the availability of the order:

• National / European Union:
  • Lumps: up to 72 hours.
  • Pallets: up to 96 hours.
• Exports outside the European Union:
  • Lumps: up to 96 hours.
  • Pallets: up to 120 hours.

After these deadlines, Actilum may apply storage charges, equivalent to:

• 20 € per day and package.
• 40 € per day and pallet. *In both cases both inside and outside Spain.

Notice of charges: It is important to remember that material is invoiced at the time the order is available for pickup, regardless of when pickup takes place. Penalties for late pick-up will be automatically accrued after the indicated courtesy periods have been exceeded, regardless of whether the goods are in transit or in stock.

7. Deadlines and delays

If there is any delay in the manufacture or shipment of the order, Actilum will inform the customer as soon as it becomes aware of the incident.

When the delay is due to internal causes, Actilum will inform the customer at least 24 hours in advance of the scheduled shipment date, communicating the new estimated date.

When the delay is due to causes external to Actilum (transport, customs, force majeure or other external circumstances), Actilum will provide support in the management with the corresponding operator.

8. Reception, incidents and RMA

Incidents visible at the time of receipt of the material must be communicated by e-mail within 7 days of receipt, attaching photographs. Actilum recommends that, in the event of visible damage to the packaging or the goods at the time of delivery, a written record of the incident should be made on the carrier’s receipt document.

Non-visible incidents, detected during installation or verification of the product, must be reported within a maximum of 14 days from receipt. All incidents must be reported to Actilum for evaluation and, where appropriate, will be processed through the RMA (Return Merchandise Authorization) procedure. Actilum will confirm receipt of the incident within 48 working hours and will indicate the next steps to be taken.

Important: Strict compliance with these deadlines (7 days for visible damage and 14 days for non-visible damage) is a prerequisite for Actilum to evaluate and process any claim. Exceeding these terms without reliable notification will be understood as an acceptance of the goods in full conformity, and may invalidate the subsequent RMA process.

9. Warranty and after-sales assistance

Warranty requests must be handled through the sales representative responsible for the order.

The warranty covers manufacturing defects and does not include damage resulting from misuse, mishandling or installation not in accordance with product specifications.

The conditions of use and limitations are described in the technical data sheet of each product.

Actilum does not supply individual components of finished products. In the event that a product has been tampered with, disassembled or modified for any reason, partial component replacements will not be made, and it is the customer’s responsibility to replace the complete product unit.

*The technical warranty is restricted to manufacturing defects, expressly excluding cases of manipulation or installation not in accordance with the technical data sheet; the intervention of the product by the customer entails the loss of the right to partial replacements. Actilum’s liability is strictly limited to the net amount of the invoice concerned, with total exclusion of claims for loss of profit, consequential damages or indirect damages arising from the supply.

10. Force majeure

Force majeure shall be considered to be those circumstances beyond the control of Actilum and the customer that prevent or delay the total or partial fulfillment of the order, including, among others, extreme weather events, failures in infrastructure or essential supplies, interruptions in transport systems or exceptional health situations or war conflicts.

In the event of a situation of force majeure affecting the order, Actilum will inform the customer as soon as possible. As a result of such a situation, manufacturing, shipping or delivery deadlines may be delayed, suspended or extended while the cause persists, without giving rise to any right to penalty, compensation or indemnification.

11. Limit of liability

Actilum is liable exclusively for the products it manufactures and supplies, and only up to the total amount of the order or invoice concerned. Actilum assumes no liability for loss of profits, loss of business, contractual penalties of third parties or for any indirect or consequential damages not arising directly from the supply made.

Limitation: The financial responsibility of the company is strictly limited to the net value of the goods invoiced. It is also reminded that any manipulation, disassembly or modification of the product by the customer entails the loss of the warranty and the possibility of partial replacements, being the responsibility of the customer the replacement of the complete unit.

12. Data Protection

ACTILUM RGB, S.L., as Data Controller, informs you that, in accordance with the provisions of Regulation (EU) 2016/679 of 27 April (RGPD) and Organic Law 3/2018 of 5 December on the protection of personal data and guarantee of digital rights (LOPDGDD), we will treat your personal data in accordance with the provisions of our Privacy Policy.

This policy describes how we collect your personal data, for what purpose it is used, with whom it is shared, how it is protected and what your rights are in relation to the processing of your data.

This policy applies to the processing of personal data collected by the company for the provision of its services.

The complete Privacy Policy can be viewed at:
https://actilum.com/politica-privacidad/

13. Changes in conditions and products

Actilum reserves the right to update or modify at any time its General Conditions of Sale, being applicable the current version published in its official channels, without the need for individual communication to the customer. Actilum may also modify, improve, update or discontinue products without prior individual communication, such changes being reflected on the website or in the current documentation.

Note: It is the customer’s responsibility to consult the current version published on Actilum’s official channels before placing each order. The placement of an order implies the automatic acceptance of the conditions and technical specifications published at that time, which may vary without prior personal notice.

14. Jurisdiction and acceptance

The placing of an order by the professional customer implies full and unconditional acceptance of these General Conditions of Sale. This contract is governed in all its terms by Spanish law.

Jurisdiction Note: For the resolution of any controversy, conflict or claim that may arise in relation to the interpretation, fulfillment or execution of these conditions, both parties expressly submit to the exclusive jurisdiction and competence of the Courts and Tribunals of the city of Barcelona, waiving any other jurisdiction that may correspond to them.

15. Exclusive stocking commitment / purchase commitment

In those cases in which the customer requests custom products, exclusive solutions or configurations outside the usual standard, and/or which require specific supplies, supplier minimums or the dedicated reservation of resources by Actilum – including the production or manufacture of larger volumes than usual – Actilum may require a purchase commitment from the customer, which must be formalized in writing.

This commitment may involve, depending on the scope of the project and the economic risk assumed by Actilum, the payment of an advance, the coverage of minimums required by suppliers, the assumption of Technical Office costs and/or the formalization of specific conditions for the project.