GENERAL TERMS OF SALE ON-LINE BUSINESS TO BUSINESS
ART. 1 - ORDERS
1.1 These general conditions of sale - available on the website www.anellodeivulcani.it or com in the section General sales conditions B2B (at https://www.anellodeivulcani.it or com, hereinafter the "Site") - in favor of the user for reproduction and conservation pursuant to art. 12 Legislative Decree no. 70/03 and subsequent amendments, relate to the online sale made remotely by means of a telematic network through the Website of the products by the sole proprietorship:Francesco Bertèvia Giuseppe Garibaldi n. 8CAP 98055 Lipari, Messina, Italyn. of registration in the register of companies REA, ME - 154466VAT number 01943930832Email: firstname.lastname@example.orgPec: email@example.comTel .: +39 (0) 220.127.116.117Fax: 178-2270-170
1.2 These general conditions apply only to online sales, as described above, B2B (Business to Business) between Francesco Bertè and natural or legal persons who purchase products for purposes related to their business or professional activity (hereinafter "Customer") . These online B2B sales of Francesco Bertè products are governed not only by these general conditions, but also by particular sales conditions such as, for example, the price, payment and delivery methods, the type of product, etc. ., from time to time chosen by the Customer on the Site.
1.3 The present general conditions of sale must be examined by the Customer before each purchase and are considered fully known and unconditionally accepted with the affixing by the Customer of the flag in the relevant field of viewing and acceptance on the Site. Therefore indispensable condition for the 'purchase is the prior registration of the Customer on the Site, with simultaneous acknowledgment and acceptance of these general conditions as well as attribution of an identification code and password to be inserted later in the appropriate fields before each purchase.
1.4 The Customer acknowledges that Francesco Bertè will not accept orders placed (i) by subjects that are not registered Customers as defined above, (ii) by subjects that are not B2B customers as defined above, or (iii) by ordinary e-mail from Customers without their prior registration on the Site.
1.5 Francesco Bertè is free to update, supplement or modify these general sales conditions, with effect for sales completed after their publication on the Site, which constitutes communication of changes to Customers, registered or not.
1.6 The Customer declares that the compilation of the registration form and subsequent purchases will be made by parties with powers to bind the customer.
1.7 The Customer undertakes not to transfer his identification code and password to third parties and to keep them with the utmost care and diligence, remaining the only responsible for their safekeeping and use.
1.8 The Customer must submit the purchase order by diligently and scrupulously following the instructions and procedures described on the Site.
1.9 The Customer undertakes not to transfer his identification code and password to third parties and to keep them with the utmost care and diligence, remaining the only responsible for their safekeeping and use. The Customer, therefore, accepts from now on as own all the orders sent to Francesco Bertè with the identification code of the Customer himself and his password, as well as the invoice that will be issued with the data entered by the Customer.
1.10 The sales contract will be finalized between the Customer and Francesco Bertè with the activation by the Customer of the command "proceed with the order", upon completion of the procedure. In any case, Francesco Bertè has the right not to execute the Customer's order if, following checks after receipt, there are delays in payment or other defaults by the same Customer relating to previous orders; of this suspension Francesco Bertè will notify the Customer by e-mail, informing him that the suspension will remain until the regularization of the Client's debt position. If as a result of the receipt of the order there are no payment delays or other reasons legitimizing the suspension of the execution of the order, or following the regularization of the Customer's debit position, Francesco Bertè will send the Customer to the e-mail address from this indicated, an e-mail confirming the sale with a summary of the particular conditions, of these general conditions, as well as of the privacy information.
1.11 The Customer acknowledges the possibility of downloading these general conditions from the Site and agrees that Francesco Bertè will send him a copy of these general conditions by means of the aforementioned summary e-mails.
1.12 The order form will be filed in the Francesco Bertè database for the period of time necessary to fulfill the order.
1.13 Except for express exceptions, communications between the parties that modify the contractual conditions, as defined above, or affect the execution of the sales contract, will always take place in writing, thereby expressly including communications via e-mail outgoing and coming from Francesco Bertè' e-mail.
ART. 2 - RISKS AND RESPONSIBILITIES
2.1 The Customer remains the only exclusive responsible for the correctness and completeness of his identification data and in any case of any data entered on the Site and or in the order form, particularly with reference to the product ordered, with the exclusion of any responsibility of Francesco Bertè.
2.2 Francesco Bertè disclaims any responsibility for information, documents and materials that may be placed by third parties on the Site, even if such content is made available to the Customer as part of an advertising service offered by Francesco Bertè.
2.3 The Customer acknowledges that Francesco Bertè cannot in any way be held responsible to the Customer for the suspension or interruption, independent of his will, of the operation of the Site.
ART. 3 - DELIVERY
3.1 The delivery of the products to the Customer will take place in the manner and timing indicated by Francesco Bertè in the summary e-mail of the order pursuant to art. 1:10. Delivery terms are always indicative and never essential for the Customer.
3.2 Francesco Bertè will carry out deliveries compatible with his production, procurement and shipping needs and will be able to distribute the products of a single order in several deliveries or to combine products in different orders into a single delivery.
3.3 Francesco Bertè may suspend delivery of the products sold in the event of non-payment or non-regular payment of the price by the Customer, pursuant to the following art. 4.1.
3.4 In the execution of orders, the maximum compliance of the specific requirements resulting from the catalog on the Site will be observed. Francesco Bertè, in the context of his own production choices and, or in compliance with the aforementioned regulatory provisions, may nevertheless make partial adjustments or modifications to the product which concern the aesthetic and constructive characteristics. Such modifications do not require prior communication to the Customer.
3.5 Francesco Bertè will arrange for the shipment with the most appropriate means, the loading operations, the risks and charges remaining the responsibility of the Customer.
3.6 The products are packaged with standard packaging, intact, suitable for loading on transport vehicles; Francesco Bertè disclaims any responsibility for any damage to the goods caused as a result of the movement carried out with incorrect maneuvers or with inadequate means.
3.7 Francesco Bertè will arrange for the insurance of the products on behalf of the Client only upon prompt written request of the same, which will assume all related expenses and responsibilities.
ART. 4 - PAYMENTS
4.1 The payment of the entire price for the purchase of the products must be made in the manner present on the site.
4.2 Failure or incomplete punctual payment within the term set forth in the previous art. 4.1 will constitute a serious breach by the Customer and will determine the faculty for Francesco Bertè to terminate the contract by sending an Order Cancellation email, without the need for formal notice.
4.3 In the event of default, with the exception of greater damage pursuant to art. 1224 of the Civil Code, default interest will be due to Francesco Bertè at the statutory rate pursuant to Legislative Decree 231/2002 and subsequent amendments.
ART. 5 - GUARANTEE
5.1 Without prejudice to what is specified in relation to any improvements or adaptations of the product with respect to the characteristics expressed on the Site that do not affect its quality, Francesco Bertè guarantees the conformity of the products to the declared characteristics and their immunity from defects and defects, as well as their safety according to the standards in force at the time of their marketing.
5.2 The acceptance of the products by the shipper, the carrier or anyone else in charge of the collection by the Customer, confirms the good condition of the packaging and any responsibility of Francesco Bertè in this regard ceases upon delivery. The customer is also required to check on arrival that the products are in compliance with the order. In default they are intended as compliant and accepted.
5.3 Francesco Bertè disclaims any liability for damages of any kind, both direct and indirect, caused to things or persons that are not relevant to the use that could legitimately be expected at the time the products were made.
5.4 Francesco Bertè grants the Customer a guarantee of 12 (twelve) months for the lack of conformity of the products; this guarantee starts from the date of delivery of the products and its operation is subject to the declaration of the discrepancy within 8 (eight) days from its discovery.
5.5 Complaints regarding product defects, as well as qualitative or quantitative differences and any other visible discrepancy, must be communicated to Francesco Bertè in writing within 8 (eight) days from delivery.
Complaints regarding any discrepancies in the accompanying transport documents, damages or shortages related to the transport itself, must be communicated to Francesco Bertè via pec firstname.lastname@example.org or via e-mail email@example.com within 24 (twenty-four ) hours from receipt of the products.
5.6 The claim of the defect or of the non-conformity must be sent accompanied, on pain of inadmissibility, by the description of the defect or non-conformity, the sales invoice number, the product serial number and the Customer's data. The obvious defects such as breakages, abrasions, scratches, or the lack of conformity to the quantities, quality or aesthetic features declared that are not immediately visible before the purchase (because in this case they are considered accepted by the Customer and / or by the end user and are not covered by the warranty) are presumed to be known at the time of delivery.
5.7 Any dispute of defects and defects or lack of conformity carried out by the end user or by the Customer for compensation with respect to the requests coming from his own successor, forwarded beyond the aforementioned warranty period, will be charged to the Customer with the exclusion of any right of recourse or recourse.
5.8 In the face of justified and promptly proposed complaints, accompanied by the information requested, Francesco Bertè will carry out warranty interventions within a reasonable time at his headquarters. To this end, the product must be delivered by the Customer to the headquarters of Francesco Bertè.
5.9 Francesco Bertè reserves the right, at its sole discretion, to replace or repair the products that he himself deems defective, provided that the defects are not related to transport, misuse and / or storage, incorrect assembly or a use of the same not rational or inappropriate and in any case in general responsibility of the Customer, its assignees or third parties.
5.10 Repairs carried out under warranty do not entail any extension of the duration, nor the renewal of the guarantee itself.
5.11 The warranty does not apply if the product is combined with components not marketed by Francesco Bertè or the warnings and instructions provided or expected according to a normal diligence criterion have not been observed.
5.12 During the warranty period as established in the previous art. 5.4, Francesco Bertè ensures that the products are free from defects or defects in materials and construction, provided however that the products are in normal conditions of use and maintenance.
5.13 The warranty does not cover parts subject to normal wear and tear, operating faults or irregularities and damages caused by improper use or incorrect maintenance of the products in accordance with any warning, instruction or prescription by Francesco Bertè. Nor is it subject to a guarantee as to whether it originates in tampering with the products and in any fact, conduct or omission attributable exclusively to the Customer or its assignees.
5.14 Francesco Bertè will in no case be liable for damages caused by defective or non-compliant products and this in an explicit derogation from the art. 1494 c.c.
ART 6 - RETURNS
6.1 Any return of products purchased online must be agreed in advance with Francesco Bertè, who reserves the right to provide for replacement, repair or cancellation by credit note from time to time.
6.2 All communications in this regard will be made electronically by e-mail or email.
6.3 The products returned to Francesco Bertè will not be replaced or reversed which, also due to lack of adequate protective packaging, will not be intact in some of their parts.
ART. 7 - PROHIBITION OF ASSIGNMENT
It is expressly forbidden for the Customer to assign the contract concluded pursuant to art. 1.10, subject to the prior written consent of Francesco Bertè
ART. 8 - JURISDICTION
Any dispute, even of a non-contractual nature or for reasons of connection, arising between the Customer and Francesco Bertè relating to the validity, execution, interpretation and termination of the sales contract pursuant to these general conditions, will be referred to the exclusive jurisdiction of the Court of Messina, without prejudice however to the faculty of Francesco Bertè to initiate actions before the Court of the place of residence of the Customer.
ART. 9 - PERSONAL DATA
The Customer declares to have read the information pursuant to articles 13 and 14 of the Regulation (EU) 2016/679 (GDPR) available on the Website and with the acceptance of the present general conditions gives consent to the processing of personal data for the purposes and in the manner indicated in the aforesaid information. The personal, corporate and tax data of the Customer, acquired directly or indirectly from Francesco Bertè, will be collected and processed in paper, IT or electronic format, exclusively for the purpose of allowing the execution of purchase orders. The data acquired by Francesco Bertè will be kept for a period of time not exceeding that necessary for the purposes for which they were collected and subsequently processed. They will be safely removed anyway. For anything not expressly provided here, reference is made to the aforementioned information that the Customer declares to have received, viewed and understood.
ART. 10 - ONLINE SALE
Users who purchase the Products on www.anellodeivulcani.it or com CANNOT sell on the internet, this exclusive online sale is the exclusive right of Francesco Bertè, if this condition is violated Francesco Bertè will have the right to cancel the contract without obligation Refund and reserves the right to claim damages from the user. The hypothetical purchase of the Product sold irregularly and illegally on the internet does not cover the final consumer from the guarantee.