GENERAL TERMS OF SALE TECNOBOX Srl.
These General Conditions of Sale are drafted in accordance with the legislative provisions of the Civil Code, Legislative Decree No. 70 of 09.04.2003 on information society services and electronic commerce, and have as their object the offer and sale of products by the company Tecno Box S.r.l. with registered office in Via G. Galilei, 23 – Zona Industriale 90044 Carini (PA) P.IVA 04107110829, (the “Seller”) through the following channels:
– Online via the website http: www.tecnobox.net
– commercial network through sales agents
Any different conditions or terms apply only if confirmed in writing by Tecno Box S.r.l.
Tecno Box S.r.l. reserves the right to amend, supplement or vary the General Conditions of Sale, attaching such variations to the offers or any correspondence sent in writing to the Buyer.
1.SCOPE OF APPLICATION
These General Conditions apply to and govern all sales contracts concluded by agent or through the Site and are subject to change; each User and/or future customer, therefore, is required to consult the aforementioned Conditions before proceeding with each purchase. In any case, the version of the General Conditions in force on the date the purchase order is sent will be applied to each sale. The online publication on the Site of these General Conditions and the confirmation of the purchase order provided through the Site to the User or through an agent shall, in any event, count as confirmation of the contract concluded on a durable medium.
2.METHOD OF PURCHASE
Every delivery of an order implies unreserved acceptance of the following general conditions. Each order is considered a promise to purchase and is concluded and final
2.1 PURCHASE ON THE SITE
The purchase of products offered for sale on the Site is allowed, for the territory of the Member States of the European Union only, only to persons acting in the capacity of entrepreneur, resulting consequently excluded from the scope of application of these General Conditions persons who have the quality of consumers.
An entrepreneur is defined as a person professionally engaged in an organized economic activity for the purpose of producing and exchanging goods or services.
A consumer is defined as a natural person acting for purposes outside his or her trade, business, craft or profession.
The purchase made through the Site implies for the User full knowledge and acceptance, without reservation, of the General Conditions.
It is forbidden for the User to enter data, in whole or in part, that are untrue; the master data and e-mail communicated must, therefore, be personal and real, and not of third persons and/or fantasy.
The User, by filling out the form, attests, under his/her sole responsibility:
(i) the correctness and truthfulness of the data required for service activation;
(ii) to be and/or act as an entrepreneur.
The User is personally and solely responsible for any false information provided at the time of purchase.
After completing the login form, the User must fill out an electronic order form prepared by the Seller and submit it electronically, following the instructions given.
In order to finalize each order, the User is required to confirm the economic transaction having as its object the payment of the price of the products placed in the “shopping cart”; to this end, at the end of the procedure of product selection and confirmation of the User’s data, the Site redirects the latter to the page of the institution handling the economic transaction. By means of this mode, the transaction takes place exclusively within the banking circuit and the Seller has in no way access to the Buyer’s Credit Card data.
Orders that do not record the corresponding economic transaction are automatically cancelled. Upon receipt of confirmation of the validity of the means of payment indicated in the order and confirmation of the same, the Seller will send the User a written confirmation of the order. The User is required at all times to keep the order number communicated to him by the Seller, having to indicate it in any eventual communication with the Seller.
In case of non-acceptance of the order, the Seller will promptly notify the User via the e-mail address indicated by the same in the form.
2.2 PURCHASE BY AGENT
Orders acquired by our agents bind us only after written confirmation and shipment. Our prices are set tax free. Our offers – price quotations are valid for 30 days.
3. PRICES, PURCHASING CONDITIONS AND METHODS OF PAYMENT ONLINE
The sale prices of the products are those agreed with the agent or published on the Site at the time the order is finalized and are exclusive of VAT; prices are expressed in euros.
For orders placed from the Site Payment can only be made by the following methods: (i) PayPal; (ii) Credit Card; (iii) Apple Pay; (iv) Google Pay.
The sale price will be charged according to the operating rules of the payment method chosen by the User. Should there be any discrepancy between what has been ordered and what has been shipped, any difference in price in favor of the User will be returned in the manner and timeframe provided by the means of payment chosen by the User, subject to written notice sent to the User by the Seller.
The offer for sale of the goods through the Site constitutes an offer to the public pursuant to art. 1336 of the Civil Code; the completion and proper submission of an order through the Site implies, therefore, acceptance of the aforementioned offer. The delivery date, which is considered a non-essential deadline, will be communicated by the Seller to the User at the time of purchase.
For orders placed through an agent, payment terms will be agreed upon with the agent.
4. RIGHT OF WITHDRAWAL
The right of the User-entrepreneur to withdraw from the contract for the purchase and sale of goods offered on the Site or through an agent from the moment when it has been completed in accordance with the provisions of these General Terms and Conditions is excluded.
5. DELIVERY TERMS
Delivery terms are, unless otherwise agreed in writing, to be considered as indicative only and are not binding on Seller. Any delays resulting from force majeure or other unforeseeable events not attributable to Seller shall release Seller from its obligation to meet any agreed delivery deadline. Seller reserves the right to reasonably make partial deliveries.
6. TRANSPORTATION AND CLAIMS
Our goods, even if shipped “carriage paid,” travel at the consignee’s risk. No clause specifying the conditions of shipment may contravene this rule.
Upon taking delivery of the Goods, the Buyer shall immediately: (1) check the quantities and packaging of the Goods and record any objection in the delivery note; (2) carry out a conformity check of the Goods with respect to what is indicated in the order confirmation and record any discrepancy in the delivery note.
The Seller shall be liable for any defects in the Goods offered. Any defects in the goods must be imperatively reported in writing to the carrier upon arrival of the goods, and sent immediately by e-mail/pec to the Seller. The Seller will therefore be obliged to ensure that the thing sold is free from defects that make it unsuitable for its intended use, or appreciably diminish its value: the buyer will have the option of requesting, at his option, the termination of the contract or the reduction of the price. To this end, in the event that the claim relates to a defect that, despite the initial inspection, has remained concealed, the claim must be made at the earliest by the end of the business day on which the defect was discovered and, in any event, no later than 8 (EIGHT) days after taking delivery of the Products; the detailed communication must be forwarded in writing to the Seller within the above terms. Any communication made by telephone will not be accepted; the communication must clearly specify the type and amount of the alleged defects; the Buyer agrees to make the disputed Products available for inspection; such inspection will be carried out by the Seller or by an expert appointed by the Seller.
No dispute with reference to the quantity, quality, type and packaging of the Products may be made except by means of the communication affixed to the delivery note, in accordance with the above procedure. Any Product for which no dispute has been raised in accordance with the procedures and terms hereinabove shall be deemed approved and accepted by Buyer.
In the case of factory pickup, the customer and its carrier shall assume full responsibility for the load even if Seller’s operators are involved. Where deliveries are made on exchangeable European pallets, in the event of non-exchange for any reason, the pallets will be invoiced to the customer within 8 (EIGHT) days of receipt of the goods. The warranty applies only to products used in an environment and for applications consistent with Seller’s stated specifications; any misuse is prohibited.
7. WARRANTY AND COMMERCIAL CONFORMITY
Goods recognized as defective, and only in the case of defects in raw materials or obvious manufacturing defects, shall be replaced only to the exclusion of all other compensation. The warranty shall not be valid if the products are intended for uses other than those indicated by the Seller. The certifications of individual products are displayed on our website and no different uses are guaranteed.
In the event of apparent defects in the goods, the rules set forth in Section 6 shall apply. TRANSPORTATION AND CLAIMS. If the goods have nevertheless been used by the buyer, no claim will be possible
8.FORCE MAJEURE
The Seller, provided it gives notice to the other party without delay, shall be released from its obligation to perform its contractual obligations and from any liability for damages or any remedy for non-performance, if performance is objectively impossible or unreasonably burdensome due to an unforeseeable event beyond its control such as, for example, strike of carriers or other operators essential to the provision of service, labor dispute, accident, lockout, etc.
9. RESERVATION OF TITLE
All deliveries are made under reservation of title until full payment is made. Accordingly they, or parts thereof, may be recovered from the consignee if solvency is in question. Seizure of goods, or similar measures by third parties, shall be reported immediately by registered letter or Pec. Notwithstanding this clause, the transfer of risk on the goods takes place upon delivery.
10. RETURN
Seller is not obligated to accept product returns unless expressly agreed in writing. Any costs incurred for this purpose shall be borne by Buyer. Unauthorized returns shall in no way delay the payment of invoices when due. No goods will be taken back beyond a period of 8 days after delivery. Any return of goods before this time limit shall not entitle the Buyer to a refund of any sums paid, but such amount shall be deemed valid for the purchase of other supply at the price in effect at the time of delivery, if the return is due to facts attributable to the Buyer.
11. BILLING AND PAYMENT
Invoices are made on the basis of price lists and conditions affixed by the Seller. The place of payment shall be at the Seller’s domicile. Payments are due on the agreed terms even in the event of delay in delivery of the goods or partial or total damage or loss occurring during transportation, as well as in the event that the goods remain at the disposal of the buyer at the seller’s premises and are not picked up by the buyer. The Seller reserves the right to suspend or cancel orders in case of late payments, including those related to previous supplies. In case of late payments, late payment interest will be charged pursuant to Legislative Decree 231/2002.
In case of failure to notify the seller of the SDI or PEC code, the electronic invoice is retrievable in the “Consultation” reserved area of the “Invoices and Considerations” portal of the Internal Revenue Service.
12.PERSONALIZATION AND RIGHTS
-Industrial, Intellectual and Artistic Property Rights:
The industrial property rights of the products customized by the Seller are the total and exclusive property of TECNO BOX S.R.L. and their use within the sales relationship does not create with respect to them any right or claim on the part of the customer. The buyer undertakes not to perform any act incompatible with the ownership of industrial property rights. The graphic drafts, the plants useful for printing and the plants useful for the realization of a custom-made product, made by TECNO BOX SRL, even if partially or fully reimbursed by the buyer, remain the property of TECNO BOX SRL.
The intellectual property of the artistic creations is not transferred with the supply of the products but remains the property of TECNOBOX SRL.
-Customization of the goods ordered:
The goods with customization will be made on the basis of the information and indications communicated by the purchaser; in particular, in case of request for customized products with trademarks logo, etc., the purchaser declares to have the right to the use and full use of the same, relieving as of now TECNOBOX s.r.l. from any liability arising from any violation of the protection guaranteed to them. In particular, the purchaser explicitly relieves TECNOBOX s.r.l. from any responsibility for damages that may be caused, as a result of the use of the trademark (or logo, etc.), to third parties as a result of the putting into production and consequent use of the products by the same purchaser. Consequently, the purchaser expressly declares, as of now, to assume all responsibility regarding the use of trademarks (or logos, etc…) that he will have affixed to his customized products; any claim for damages brought by third parties to the detriment of TECNOBOX s.r.l., will in any case be borne by the Purchaser, who is obliged, also, to compensate the same for any prejudice and/or damage that he may suffer as a result of any violation of the protection guaranteed to the trademarks (or logos, etc…) used by the purchaser.
TECNOBOX SRL assumes no responsibility in case of sending incorrect information by the buyer. The intellectual and/or industrial property of the information and all possible material sent by the buyer for the realization of the customization of the ordered goods remains the exclusive property of the buyer.
13. CUSTOMER SERVICE, COMPLAINTS AND COMMUNICATIONS
The following address is indicated to which the User may contact for any further information or assistance or to forward complaints: e-mail: reclamo@tecnobox.net. All communications that under the General Conditions are made by e-mail will be transmitted to the address provided by the User during login. The Seller undertakes to handle and provide a response to complaints received within the period of seven working days from receipt of the same.
14. JURISDICTION
Any dispute arising between the parties as a result of the interpretation, validity or execution of these General Terms and Conditions of Sale and of the related contracts entered into shall be devolved to the exclusive jurisdiction of the Court of Palermo, even in the event of multiple defendants or warranty calls. It is understood between the parties that only the Seller, at its own discretion, shall have the right to waive the jurisdiction of the exclusive forum referred to in the preceding paragraph to take legal action against the Purchaser, at its domicile and at the Court having jurisdiction therein.
15. INFORMATION ON THE PROCESSING OF PERSONAL DATA IN ACCORDANCE WITH ART. 13 EU REG. 2016/679 of 27/04/2016
Dear Customer, Pursuant to Art. 13 of EU Reg. 2016/679 of 27/04/2016 (Ex Art.13 D.lgs. n.196/2003), hereinafter referred to as RGPD (General Regulation for the Protection of Personal Data), we provide you with Ie following information:
The data you provide will be processed in paper and electronic format to perform services arising from contractual, accounting, tax obligations, as well as for commercial purposes unless you expressly refuse. The provision of data is optional, but any refusal to provide such data may result in the partial or total impossibility of providing our services.
The personal data management regulations can be found in their entirety on the website www.tecnobox.net.
The data controller is: Mr. Giorgio Trapani as legal representative of Tecno Box S.r.l. – Via Galileo Galilei n.23 – 90044 Carini (PA).
The data protection officer is: Ms. Simona Trapani who can be reached at the same address.
At any time you may make questions or requests for information to the data protection officer, as provided for in the articles of law currently in force.
TECNO BOX SRL – Via G. Galilei No. 23 – Industrial Zone 90044 Carini (PA) P.IVA 04107110829 – www.tecnobox.net – pec: tecnobox@pec.it
