GENERAL SALE CONDITIONS
RESPONSIBILITIES
Infordata Sistemi S.rl., unless there is proof of intentional wrong doing or gross negligence, will not be responsible for any damage or direct or indirect loss, resulting from tardy, wrong or lack of product delivery; the buyer will only have right to the reimbursement of paid price.
MINIMUM ORDER
For order below a minimum of a taxable € 150,00 (transportation excluded) there will be an extra charge, in addition to transportation charges, of € 10,00 as reimbursement for administrative costs.
PAYMENTS
All transmitted orders, of any type, to Infordata Sistemi S.r.l. imply the acceptance of the current general conditions of sale, excluding the enforcement of specific purchase conditions, which would be communicated each time to the CLIENT.
Wire transfer at the moment of order acceptance
Order execution will only happen after having received a copy of the transfer operation via fax from your bank or a Home Banking copy.
Wire transfer at notice of good ready for delivery
The shipping will only happen after having received a copy of the transfer operation via fax from your bank or a Home Banking copy.
Infordata Sistemi S.r.l. Bank Account Details:
FRIULCASSA TRIESTE
SWIFT: IBSPIT2U
IBAN: IT IT-55-Y-06340-02202-100000003026
SHIPPING AND DELIVERY
Shipping can be carried out either to Freight Collects (cost to be paid by the Buyer) or to a Free Port (cost charged directly on the bill). In case of delivery abroad, any extra charges due to taxes set by the destination State, will have to be charged to the buyer. From the moment of delivery to the carrier, the BUYER takes on the responsibility for any further risk. Any possible cost of transportation is specified on the order confirmation. Any possible insurances are charged to the buyer.
Shipping of products already in stock happens within 2 days of acceptance of an order. Time period for delivery of any other products or services are indicated in the order confirmation.
DELIVERY DELAYS
Terms of delivery are expressed in work days, which imply the exclusion of festivities and annual vacations. Possible delays in deliveries cannot be used as reason for damage claims or rejection of the products by the Buyer. Infordata Sistemi reserves the authority to partially or totally dissolve the contract, without admitting to any damages if, because of reasons out of their hands, it were impossible for the products to be delivered within the time established by the terms.
PRODUCTS
Products can receive technical and/or aesthetic changes for reasons out of their hands or possible production demands. Relative technical information is based exclusively on official data published by the producers, who reserve the right to modify technical and dimensional information in compliance to the changes/improvements made to the products.
PRICES
All prices are to be considered as not inclusive of VAT and ex-works. Infordata Sistemi reserves the authority to modify the prices without any notice. Changes to prices will not be applied to orders already accepted by Infordata Sistemi through the forwarding of an Order Confirmation.
INSTALLATION
Installation is not included in the price, unless it was explicitly stated in the Order Confirmation.
TITLE RETENTION AGREEMENT
Infordata Sistemi S.r.l.’s sales are managed with a title retention agreement, with which the acquisition of property rights is subordinated to a suspensive condition, which consists in the complete payment of the established amount, so until invoices are not completely paid for, products are intended to be property of Infordata Sistemi S.r.l. in accordance with art. 1523 C.C.
In case the CLIENT were to delay the payments over 30 (thirty) days after the deadline established and specificed by payment terms on the order confirmation, Infordata Sistemi S.r.l. can request the total return of the products within 15 days of the request being sent to the Client through “Raccomandata A.R.” (tracked letter). Furthermore Infordata Sistemi S.r.l. will bill the Client 15% of the total amount of the purchase invoice for the damages suffered, in addition to possible costs resulting from the noncompliance and integrity of the returned products.
CLAIMS
At the event of materially receiving the products, the CLIENT is required to verify the integrity of the packages and the compliance of the delivered products, formulating, within 10 (ten) days, circumstantial claims to the carrier on the same bill and through written claim to Infordata S.r.l. on a document.
Also within 10 (ten) days from the delivery of the products, under penalty of expiration, the CLIENT is required to declare to Infordata Sistemi S.r.l., through a written document, possible discrepancies in the received products in relation to contractual agreements. By failing to do this the product will be shall be considered delivered and accepted.
Possible noncompliances of the product are to be reported to Infordata Sistemi S.r.l. – Technical Support Service, as soon as they are noticed (with a maximum of 8 days) and anyway within the terms established by the warranty.
WARRANTY AND PRODUCT RETURN
All products are under warranty for 12 (twelve) months from the date of the billing for factory defects, if not otherwise specified in the Warranty paper included in the delivered product. The products supplied are free of faults in the materials and the manufacturing as long as they are used correctly and adequately stocked. Parts subject to usury and materials for consumption are excluded from the warranty. The present warranty is only applicable for Infordata Sistemi S.r.l. clients if the product is damaged within the warranty limits due to material or manufacturing faults, it will be repaired or substituted at the unchallengeable discretion of Infordata Sistemi S.r.l. The substituted parts might then be remanufactured or renovated for a new use. The present warranty does not cover damages from: negligence, incorrect installation, reparations and maintenance or improper alterations carried out by unauthorized personnel; usage of supplies or parts that do not comply with the company specifications and indications; unauthorized changes; improper use that does not comply with the warnings and indications shown on the instruction or installation handbook; usury or normal breakage; damaged by causes or events of force majeure including fire, water, lightning or other atmospherical phenomenons; damages caused by overvoltage and surges, insufficient or irregular power supply; any other cause not mentioned that is still not related to a material or manufacturing fault. The present warranty furthermore does not cover: damages occurred during the stocking in the retail outlet or incurred by the product during transportation; loss of saved information by the client, time loss, damages to the software, loss of commercial profits or other commercial damages caused by the usage of the product; losses covered by the buyer’s insurance; shipping costs or other expenses incurred; accidents or other not listed indirect damages. Infordata Sistemi S.r.l. also declines any responsibility for possible damages that might, directly or indirectly, happen to people, things or animals as a consequence of failure to observe included indications.
Possible product returns will have to be agreed and authorized in advance with the R.M.A. (Return Material Authorization) procedure. Products returned to our warehouse lacking R.M.A. authorization will be rejected and returned to the sender with all expenses charged to him.
Materials returned for incompatibility (not usable for our product) or for warranty reparations, but verified as functional, will be charged an extra € 30.00 (thirty) for operating expenses.
Products will have to be returned in their original package and with adequate outer packing. Claims are not accepted after 8 (eight) days from the reception of the products. The products shipped by the CLIENT are transported at his own risk.
RETURNS AND REFUNDS
Refunds for returned products will be carried out at the list price in force at the date of the return. All returns will only be accepted at Freeport. Returns are not accepted for wrong purchases after 8 (eight) days from the reception of the products. Returns of discounted or at end-of-stock products will not be accepted. Products returned for credit found to be not intact (e.g. product damaged/scratched, handbook or accessories missing, labels on products or packages, ruined boxes) will be returned to the client at freight collect, or in the case of credit given the product’s value will be decreased at discretion of Infordata Sistemi S.r.l.
UNSOLVED CASES
Within the possibility of deferred payment, in case of nonpayment, before the established limit, of even one installment, the CLIENT will be lifted of the benefit of the terms in accordance to the art. 1186 c.c., and, as a consequence, all amounts due will be immediately required, even those whose limits have not yet been surpassed. In case of nonpayment, before the established limit, the interests at the tax set by the Legislative Decree n. 231 from 10.09.2002, from the day after the deadline of the first unpaid instalment, to the date of the full repayment of the owed amount, unless otherwise agreed by the two parts. In case of nonpayment, of even one instalment, Infordata Sistemi S.r.l. has the authority to suspend any further supply and to dissolve the contracts which have not been executed yet, it being understood that they would be owed the immediate payment of those already unpaid and the compensation of the damage caused by the interruption of the supply.
LEGAL FEES
Any expense, including those for registration and transcription, that were to be made necessary to hold by the selling property, will be charged to the Buyer.
ORDER CANCELLATION
Orders are irrevocable and engage the client in the contract immediately, unless Infordata Sistemi S.r.l. authorizes possible revocations. If that were the case, or in case the CLIENT refused to collect the ordered products, the latter would lose the advance payment and will have to get in contact with Infordata Sistemi S.r.l. for the establishment of a fine, a sum equal to 10% of the agreed price, besides the possible transportation fees necessary for the shipping and return.
DISCLOSURE OF THE PROCESSING OF PERSONAL DATA IN ACCORDANCE WITH ART. 13 FROM D.LG. N. 196/2003
In accordance with art. 13 from d.lgs. 196/2003 we would like to inform you that your personal data, even if acquired verbally, is added to an electronic data bank and/or conserved in paper records and are subject to processing for the following purposes:
1) Essential purposes: contractual fulfillments and obligations, legal or tax-related connected to the activity carried out by this company, that is fulfillments consequent –before the conclusion of the contract- to specific requests by the interested party.
2) Ulterior and possible purposes: commercial and advertising communications; exchange of advertising materials or of direct sales through telefax, e-mail, text messages; creation of studies and statistical and marketing surveys.
The submission of your data for the purposes listed at item 1) is mandatory, and a refusal would result in the impossibility for a contractual relationship to be initiated.
The submission of your data and consent for the processing for ulterior and possible purposes listed at item 2) are not mandatory, and the refusal will not have consequences in the execution of a contractual relationship; after a possible refusal the company will only process the data for the purposes indicated at item 1).
The data will be processed for the whole length of the contractual relationships with this company and also later on for compliance with the law, and, if the appropriate consent were to be given, for future commercial, advertising and statistical purposes.
Personal data subject to treatment will only be allowed to be communicated or brought to the attention of our collaborators and the companies connected for the completion of undertaken contractual obligation, or to other companies connected if the necessity for their involvement in our activities were to arise. In case of necessity they could be communicated to banks, credit recovery companies, credit insurance companies, commercial information companies and to professionals and consultants. The same subjects will act as self-holders, or will be designated as Data controllers or processors. The controllers or processors that could be designated will receive adequate operative instructions, with specific reference for the adoption of the minimum measures of security, with the purpose of guaranteeing the confidentiality and the security of the data.
The interested party has the authority to exercise all the rights acknowledged by art. 7 from d.lgs. 196/2003. To provide an example, the interested party has the right to obtain confirmation of the existence of such personal data, to obtain the indication of a) the origin of the data; b) the purposes and the modality of the processing; c) of the applied logic in case of processing by an electronic device; d) identification of the owner; e) the subjects or category of subjects to whom the personal data can be communicated or brought to the attention of. Furthermore, the interested party has the right to obtain updates, when considered fit, of integration of data, the cancellation, the transformation in anonymous fashion or the blocking of processed data in case of violation of law. The interested party, lastly, has the right to object, completely or partially: a) for legitimate reasons to the processing of personal data concerning him, even if they were relevant to the collection; b) to the processing of personal data concerning him with the purpose of sharing advertising material or direct sales or the creation of marketing surveys.
Data controller and owner is the company Infordata S.r.l. based in Trieste in Via dei Montecchi, 6 - cap 34137 - info@infordata.it
JURISDICTION
Any controversy relative to the application, execution, interpretation and violation of drawn purchase contracts, is submitted exclusively to Italian jurisdiction. The present general conditions are drawn from, although not explicitly stated therein, to the combination of legislative decree n. 50 from 01.15.1992 and of legislative decree n. 185 from 05.22.1999. For any controversy between the parts signing this contract, the court of Trieste, Italy shall have exclusive jurisdiction.
Any possible controversies that shall arise, in relation to the contract, will not authorize the suspension of agreed payments.