Art. 1. Definition and acceptance of the general sales conditions
1.1. - These General Terms and Conditions of Sale (CGV) govern the commercial relations between the company Totalstickers3d (Company) and its professional customers (Customer) , as natural or legal persons acting in the exercise of their business or professional activity, or their intermediaries, constituting an integral and substantial part of each contract for the sale of products and services provided by the Company to the Customer, unless otherwise provided in writing between the parties.
1.2. –The Companỳ reserves the right to make any changes and additions that are considered validly notified, acquiring immediate effect, from the day of publication on the website www.totalstickers3d.com (Website) of the Company where they are available and available to the Customer using ordinary diligence.
1.3. - They acquire full effect between the parties and are considered unconditionally and integrally accepted at the time of the conferment of the purchase order, without this acceptance being conditioned by a handwritten signature by the Customer.
Art. 2. Purchase orders modality
2.1. - Orders must reach the Company only and exclusively in written form, by fax, e-mail or via the web, subject to registration and accreditation of the Customer electronically, on the Company's Website, whose procedure involves the explicit acceptance of the present CGV, by means of a "point and click" negotiation key, or through the signing of specific written agreements.
2.2. - Regarding the nature and date of the order, the e-mail messages as well as the automatic registration systems or contractual forms used on the Site are authoritative.
2.3. - The Customer is responsible for the use of the credentials (UserID and Password) assigned to him at the time of his registration as well as of the orders in any case requested by said codes and this independently of their fraudulent use.
2.4. - The Customer is obliged to promptly communicate any change in the registered office or domicile indicated in the registration phase, otherwise, the notifications or communications made to the address indicated at the time of registration will be considered effectively and validly carried out.
2.5. - Orders, even if received as a result of promotional offers, have the value of simple purchase proposals and do not bind the Company; the Company remains free to accept the purchase proposal within a period of 10 days after which the acceptance is considered confirmed.
2.6. - Purchase orders are irrevocable; any requests by the Customer to modify an order will be taken into consideration only if received by the Company, in writing, at least 24 hours before shipment and will be considered accepted exclusively through a new order confirmation.
2.7. - Any right of the Customer to compensation for damages or compensation, as well as any contractual or extra-contractual liability of the Company for any direct or indirect damage caused by the non-acceptance, even partial, of an order is excluded.
Art. 3. Prices
3.1. - The prices shown do not include VAT and other ancillary costs, the Customer is responsible for transport costs, insurance, taxes and any other ancillary expenses, of any kind or nature, not expressly indicated;the Company reserves the right to vary the prices displayed in the price list without prior notice to the customers; the new prices will have immediate effect from the day of publication on the Site.
Art. 4. - Payment conditions
4.1. - Payment must be made, unless otherwise specified in writing, directly to the Company's domicile in the forms and terms agreed upon.
4.2. - The payment conditions are those agreed from time to time; in the absence of any indication of payment for the goods purchased, it must be presented towards the presentation of the relative invoice, the delivery of which can take place by e-mail to the order holder, pursuant to art. 14 Presidential Decree 445/2000 and subsequent ways that, by faith, for the issuance of the invoice, the information provided by the Customer when ordering.
4.3. - Whenever the issuance of bank receipts (RIBA), bills of exchange and drafts by the Company is agreed upon, the relative expenses, including those for bank collection, must always be understood to be borne by the customer.
4.4. - In the event of delay in payments on the due dates and without prejudice to any right of the Company, including termination of the contract and compensation for damages, the debtor is automatically in default and a conventional interest equal to the Euribor plus 5 points is charged to him .
4.5. - Any default by the buyer in the payment of the price to the agreed terms and / or conditions, even if it refers to a single deadline, or failure to comply with the General Conditions of Sale, entitles the Company to the suspension of all contractual services, with forfeiture of the term for the fulfillment of future obligations, including the suspension of the guarantee and the interruption of deliveries.
4.6. - Clause solve et repete - The Customer undertakes to carry out payment of the value of the goods purchased and of the associated expenses without suspension or delay before being able to exercise any type of action or raise claims or exceptions of any kind or claim; not even in the event of failed or delayed delivery of the goods, due to problems deriving from disruptions caused by various Carriers, loss, damage, deterioration, destruction or total or partial removal, unsuitability or temporary or permanent uselessness due to problems attributable to product performance .
4.7. - The Companỳ has the right to assign to third parties its own credit for the forced recovery, by way of discount, or for other purposes not specified herein; for matters not provided for in connection with the assignment of the credit, the provisions set forth in articles 1260 et seq. Civil Code.
Art. 5. Forfeiture of the term - Termination of the supply contract - Retention of title
5.1. - The Company can immediately demand the performance due, although the deadline for making the payment is established in favor of the debtor, if the latter has become insolvent or has decreased or has not given the guarantees he had promised; the forfeiture of the asset of the term is determined immediately without the need for preventive defect even in the case of failure to pay a single installment at the agreed deadlines, legitimizing the Company to demand immediate payment, of the entire remaining credit.
5.2. - In case of protests against checks against the Customer or promissory notes or bankruptcy proceedings, the Company reserves the right to unilaterally terminate the contract by notifying the Customer.
5.3. - The Company retains ownership of the materials supplied, up to the total balance of the supply, and therefore the purchaser will not be able to dispose of them, or pledge them, or transfer them elsewhere; if the contract is terminated due to non-fulfillment by the Customer, the advances are acquired by the Company as compensation, without prejudice to the provisions of Art. 1526 of the Civil Code.
Art. 6. Supply - Return Goods
6.1.-SUPPLY - Unless otherwise agreed in writing, the purchase of goods or services is always considered ex-warehouse and therefore the Company intends to be released from its sales obligation with delivery to the carrier, to be chosen by the Customer or , failing that, of the Company.
6.2. - The terms of delivery or supply of goods or contractual services, reported on the order confirmation, are authorizing officers, constituting approximate times of execution of the relative supply; the Company assumes no responsibility for disruptions caused by force majeure such as accidents, explosions, strikes and lockouts, earthquakes, floods and other similar events, which prevent the execution of the contract in whole or in part within the agreed time; under no circumstances can direct and / or indirect damages be delayed due to delayed delivery to the Company which reserves the right to defer or postpone, in this case, the delivery terms of the goods or services supplied.
6.3. - Delay in delivery does not entitle the Customer to cancel all or part of the contract; if deliveries are delayed due to fact and fault of the customer, the Company has the right to consider the order as null and void, exceeding the deadline of 10 days from the availability of the goods.
6.4. - The goods travel on behalf and at the risk of the purchaser even if the carrier has not been indicated by the Customer and has been chosen by the Company or the delivery is free at destination in derogation of the previous general provisions.
6.5. - The Company is not liable for any deterioration, theft or deterioration of any goods, caused or attributable to transport, even if carried out in the event of return of goods; the shipment is made without any insurance coverage; the purchaser is entitled to enter into an insurance contract to guarantee good inspection and / or transport and to guarantee the integrity of the goods transported, subject to the Company's express request.
6.6. - The control of the supply is carried out under the responsibility of the Customer who has the obligation to report any discrepancies with the order or the integrity of the goods within 8 days of delivery, after which, it will be considered accepted without reservation.
6.7.1. – RETURN GOODS - After 30 days from the supply, no return of new products will be accepted with a request for accreditation or replacement, except in exceptional cases which must be examined and authorized in writing by the Company from time to time.
6.7.2. - The return of the goods to the Company must be previously requested through speci c RMA form (Return Material Authorization), indicating in detail all the information requested, and can therefore be carried out only after obtaining the assignment of an RMA number, which must be expressly cited in the DDT of return, it being understood that, otherwise, the returned goods without authorization will be rejected or returned to the sender in the assigned port.
6.7.3. The goods to be returned must be in perfect condition, stored in their original packaging and shipped prepaid to the Company's warehouse within and no later than 30 days from the date of authorization to return.
6.7.4. - Without prejudice to the existence of the conditions of integrity and suitability for the sale of the products, taking into account the administrative, management, control and laboratory verification costs, the value of the returned goods may be subject to write-downs.
6.7.5. - The amount of any credit note that the selling company will issue will be offset against the immediately following sales invoices or through a specific previously agreed payment.
6.7.6. - In any case, the transport costs and charges deriving from the start of the goods return procedure for credit are the sole responsibility of the Customer.
Art. 7. Products - Compliance - Responsibility
7.1. - The products supplied comply with the technical and functional specifications indicated by the manufacturer in the relative explanatory documentation attached to the product and / or reported in the relative technical data sheet on the Site.
7.2. - The Customer with the order assumes responsibility for compliance with the law and safety regulations regarding the use of the products purchased; any liability on the part of the Company for any direct or indirect damage caused to persons or property by the use of the products supplied is also excluded in the event of failure or insufficient operation.
Art. 8. Warranty - Limits - Complaints - Responsibility
8.1. - The guarantee for defect of conformity is worth 12 (twelve) months from the delivery date, provided that the product is used correctly, respecting its intended use and as provided in the attached technical documentation; a longer warranty period can be expressly provided by the manufacturer; the Client cannot make declarations of greater guarantee in the name and on behalf of the Company.
8.2. - Any claims for defects resulting from packaging operations of the goods shipped must be received in writing, by e-mail or registered letter, within 8 days of receipt of the disputed item and in any case, for proven reasons, no later than 30 days from shipment from the warehouse of the Company, under penalty of forfeiture; in the absence of a complaint within said term, the supply is considered accepted as free from defects or defects.
8.3. - The equipment declared defective must reach the Company's headquarters accompanied by a specific REPAIR module, available on the Site, in which the Customer must indicate in detail all the information required; no damage can be requested from the Company for any delays in repairs or replacements.
8.4. - The Company reserves the right, at its sole discretion, to replace or repair defective products, with the exclusion of any other form of reimbursement or compensation; warranty replacement or repair is not permitted of goods that have defects, alterations, tampering, breakages or faults attributable to the incorrect use of the goods, unauthorized repairs, inexperience, negligence or imprudence in use.
8.5. - In any case, the transport costs and charges deriving from the start of the Return Goods for Repair procedure are the sole responsibility of the Customer.
8.6. - By accepting these General Terms and Conditions of Sale, the Customer, acting for purposes falling within the business and / or professional activity carried out, expressly renounces to act in recourse, pursuant to art. 131 Legislative Decree 206/2005 - consumer code - in relation to the Company in the event of disputes raised by the end user, by other sellers belonging to the same contractual chain or by other intermediaries.
8.7. - With regard to product damage, the Company, as a distributor, is released from any liability, none excluded and excepted, indicating the name of the manufacturer.
Art. 9. Privacy Information -
With the purchase order and / or registering on the Company's Website, the Customer gives consent to the processing and personal data, pursuant to art. 13 D. Lgs. 30.6.2003 n. 196, bearing the Code regarding the protection of personal data and as per privacy statement available online on the site. In accordance with art. 7 of the Privacy Code, the Customer has the right to access personal data concerning him and to modify, rectify, integrate, delete or delete them, maintaining the obligation to update data that may be subject to changes or changes over time. To exercise this right it will be sufficient to send a communication to that effect to the registered office of the Company which is the data controller. In particular, the Customer, with the acceptance of these general contract conditions, expresses his consent to the processing of personal data by the Company and / or companies affiliated with it for the sending of newsletters and / or promotional information including telematic connected to the activity as well as the consent to the storage of the data beyond the term for the purposes established by law. The processing, storage and transmission of personal data takes place with the observance of every precautionary measure, which guarantees its security and confidentiality, for the sole purpose of being able effectively to fulfill the obligations provided for by law, civil law and airports related to the economic activity of the company including the management of receipts and payments deriving from the execution of the contracts.
Art. 10. Disputes - Jurisdiction
The Court of Catania will have jurisdiction over any disputes that may arise regarding the execution of the sales contract governed by these General Terms and Conditions of Sale, the interpretation of the same and any dispute concerning the contractual relationship.