1) Introduction
These general conditions of sale are considered known and accepted by all buyers, they constitute an integral and substantial part of every sale made unless otherwise expressly agreed.
2) Confirmation
Orders must be considered accepted only after the written confirmation of the Seller which will prevail in any case over the non-compliant text of any offer and/or order or with the dispatch of the goods.
3) Delivery
Delivery is agreed ex-factory to the Seller. The terms set for the delivery of the goods must be considered approximate and subject to prior sale.
Shipments are made on behalf and at the Buyer's risk and peril, even if the goods are sold ex-works by special agreements.
The Seller has the right to make shipments with means and bills of its own commercial partners, these will be accepted by the buyer as the seller's own.
The Seller has no responsibility for accidental breaks that may occur during loading and unloading operations of the goods. It is therefore the recipient's obligation, upon receipt of the goods, to immediately check quantities and conditions before withdrawing it. Any claim or dispute for lack or damage must be made by the Buyer to the Carrier at the time of delivery of the goods with indication on the delivery note.
4) Goods characteristics
The technical and functional characteristics relating to the published Products are those communicated by the respective manufacturers and / or suppliers. The Seller assumes no responsibility for the truthfulness and completeness of such information. The images of the products are indicative and not binding. The Products are not provided on trial.
Although the vendor's operators can provide information on the characteristics of the Products, the Customer is responsible for choosing the Products ordered and for the correspondence and conformity of the specifications indicated by each manufacturer to their needs. The characteristics of the items, the brands and the illustrations in the catalogue may vary without any prior notice by the Seller.
5) Responsability
The Seller declines all responsibility if its products are not used according to their destination and if the installation is not done in a workmanlike manner. In case of material deemed defective, at the sole discretion of the Seller, it will be replaced without being recognized any compensation for damage or loss of earnings caused by it, including installation and transport.
6) Force majeure
The Seller is not liable for contractual breaches when the same are due to force majeure or causes not attributable to it, such as the state of alarm, mobilization, blockade or war even in states supplying products, fires, floods, strikes or agitation, etc.
7) Payments
Payments, within the limits of the credit lines granted, must be made directly at the Seller's domicile or to people with regular authorization. In the event of late payment, the automatic collectability of default interest conventionally set at the BCE discount rate calculated on an annual basis plus 5 points remains expressly agreed, starting from the day of expiry, without the need for formal notice.
8) Forum
For any legal dispute between the parties, the competent forum is that of Nola (Naples, Italy), even if the order and the contract have been stipulated elsewhere by the Seller's representatives and/or directly by the same.
9) Termination of the contract
The Seller has the right to recede from the contract in the event that the Purchaser should become insolvent in whole or in part, in event of death, in event of Purchaser's incapacity, liquidation of the Company, modification of the Company, in event of bail exchange protest in any case or by anyone else made against the Purchaser, even for an effect not accepted, and in the event of irregular payments.
Therefore, the Seller has the right to immediately and without formalities cut off all supplies, even those dependent on any other contracts and to demand immediate payment of all its credits.
10) Prices
Prices may be subject to revision by the Seller.
The prices indicated are for goods without packaging.
Prices are excluding VAT.
The VAT is applied according to the regulations in force on the date of invoicing.
11) Solve et repete
If the Purchaser does not provide proof that he has fulfilled his obligations and in particular those of the full payment of the amount due, he will not be able to initiate any action or dispute or make any objections in court. Therefore, any dispute does not entitle the Buyer to suspend or delay payments.
12) VAT number and tax code
The Buyer must provide exact tax data. The Seller has no responsibility in case of communication of inexact tax data.
13) Effectiveness of the general sale conditions
The Buyer, when transmitting the order, fully accepts these general conditions of sale which will also have value for all subsequent supplies made to the same Buyer by the Seller.
Any statements of employees, agents, etc. are not binding if they do not comply with what is described in these general conditions of sale.