General Sales Conditions
1) Validity and effectiveness.The present sales condition govern all sales contracts for products commercialized by our company (“Products” follow) BOXER s.r.l., with registered office in 41042 Ubersetto di Fiorano (MO), via 15 febbraio n.8, c.f. and p.iva: 01392970362, REA MO-213580, e-mail firstname.lastname@example.org, PEC email@example.com, throught access and use of website of our own exclusive property. The use of website is allowed both to users/customer, under the Italian consumer law codes (D.lgs. 206 del 2015 and following amendment), who are natural persons that, in relation to the purchase of products, act for purposes unrelated to business, commercial, professional or crafted activity, and to user who does not have these qualities. We reserve the right to modify the website and/or these same general sale Conditions at any time. The user/buyer will be subject to the terms and conditions of the general conditions of sale pro tempore in force, within the legal terms or allowed by the competent authorities.
2) Conclusion of the sales contract.The confirmation of an order by user on web site involves the complete, unconditional and irrevocable acceptance of the present sales conditions and implicit renounce to different general conditions or sales contracts previously adopted by the same user. The sales contract is closed only after our written acceptance including the information about approximate delivery date, sent with specific and separate e-mail or published on the website, for orders written by the users/buyers. Without our previous written acceptance, the partial execution of the order is equivalent to our partial acceptance and counteroffer for the delivered products: in such a case the acceptance of this products by the buyer will be equivalent to his acceptance of our said counteroffer on that products. The exposition of our products on the web site does not represent an offer to the pubblic, but simply an invitation to offer. The data reported on the web site or in the catalogue, price list, advertising and merchandising in general referring to the products characteristic, as weight, dimensions, shade, ecc., are not binding, unless the sales agreement specificly refers to them. The forwarding of purchase orders made by under 18s natural persons are not allowed.
Right of cancellation. The user/buyer in quality of consumer, under the Italian consumer law codes (D.lgs. 206 / 2015 and following amendment), who are natural persons that, in relation to the purchase of products, act for purposes unrelated to business, commercial, professional or crafted activity, has the right to cancell the forwarded order without giving any reason within 14 days from the day of conclusion of the contract or from the day on which has physically received the purchased products or the latest lot or piece or purchased product in case of partial delivery. You may submit your request according to the instructions and forms available on our website or any other clear statement of cancellation and with communication on our e-mail firstname.lastname@example.org or on our website under the link “returns” . In case of previous physical delivery of purchased products you can return them to the above mentioned address or to others used for the original transaction, unless otherwise written agreement. The buyer consumer is responsable in case of decrease in value on porducts due to diffenrent handling from the one required by the natur, the characteristic and the use of the same products. In particular, products must not have been used, even partially, and must be returned in their original packing, sealed and complete with every identifying element as originally delivered. In case of cancellation, the buyer has the right to receive a refund of all payments made in our favor, including any standard delivery costs, to be refunded not later than 14 days from the date of receipt comunication of cancellation, with the same payment type used fot the original transaction, unless otherwise written agreement and without any cost as consequence related to the refund. We reserve the right to suspend the refund until the goods is physically returned to us. The cost of the return of goods will be directly and totally in charge of buyer/consumer. The right of cancellation is excluded in case of customized purchase orders or tailor-made products and in case of agreement in which the buyer consumer specifically requested our visit or one of our representatives for resetting or maintenance works.
1) Pricing and availability.The prices and availability are the ones approximately indicated on the website, pro-tempore in force, unless otherwise written agreement. In case of price discrepancies are valid the prices indicated on the order confirmation, unless otherwise written agreement.
2) Delivery terms and shipments.The delivery terms are in accordance with terms and conditions “CPT” (transport paid untill the agreed place of destination), Incoterms I.C.C., Ed. 2010, unless otherwise written agreement. The transport contract is agreed on our charge in quality of authorized representative and in name of buyer/consumer. In case the products are destinated out of Italy, the user/buyer could be charged with import duties and taxes, payable at destination which remain at its sole expense. The delivery term is in favor of both parties, therefore only indicative and not essencial, unless otherwise written agreement. At the expiring of this term we will have right to one monthr “guarantee” which is valid from that date. If the products will not be collected within the above mentioned, the buyer must pay the related price anyway and with our right to recover the whole cost of deposit and conservation of products.
3) Payments.The payments have to be made in advance, within and not over the agreed terms and anyway within and not over than 15 days from our written confirmation. The payment terms are set on website in the due section, unless otherwise agrees in writing. In case of delayed payment, for any reason, over the 15 days payments terms, we reserve the right to consider the related contract terminated or, at our exclusive discretion, declined the purchaser from the payment conditions in his favor previously agreed.
4) Guarantee on products.The guarantee on our products differs depending on whether the buyer is a consumer o, under Italian consumer law codes (D.lgs. 206 / 2015 and following amendment), who is natural persons that, in relation to the purchase of products, act for purposes unrelated to business, commercial, professional or crafted activity, that does not cover this role. We guarantee the products purchased by consumer purchaser in accordance with terms and conditions of italian law codes of consumer, here below shortly referred: we are liable for conformity defects of products in case they appear within two years from the stated and confirmed date of delivery and only if consumer purchaser reports the conformity defect within 2 month from the delivery of goods or from the date of its appearance. This guarantee includes the right for purchaser of products' compliance restoring by repair or replacement of material; or if not possible, throught a pricing discount or in particularly serious cases, the contract resolution. We guarantee the products purchased by buyer/not consumer in accordance to the general technicalnorms valid for ceramic products as well as its uses. The guaratee is limited to the period from risks transfer up to the expiring of the twelfth month, unless different written clarification and it is connected to the claim of possible defects by the purchaser/not consumer made by written email comunication or published on the website within 8 days from its discovery or delivery date, penalty of revocation pursuant to art. 1495 and following codes of italian civil law, provide that products have not been partially or totally used, and that are returned in its original package, sealed and complete of all original identifing elements. The guarantee is limited to the replacement of defected products, with ecception of each and every further claim and/or compensation, such as, without restriction: personal damages, damages to objects different from products, loss of profit and each other damage reasonably foreseeable or avoidable at the moment of the conclusion of contract by the purchaser/not consumer, unless cases of fraud or serious fault. The laying of products, or their using, even partial, or the alteration of their original packing cause the decadence and the implicit renunciation by the purchaser/not consumer to each possible action and/or exception for obvious or hidden faults. Within the limits permitted by law, our liability is excluded in case the delivered products do not comply with the legislation of countries other than Italy. It is moreover excluded every laibility for damages that are not immediate, direct and predictable consequence of our eventual default, such as, without restriction: indirect damages, from losses incurred, loss of profit, ecc., unless cases of fraud or serious fault.
8) Applicable Law.The present general sales conditions and relationships governed by them are written and regulated by the law of the Italian state, as far as not foreseen, with explicitly exclusion of the application of the United Nations Convention on contracts for the international sale of goods.
9) Competent court.All disputes arising from or related to the execution of these general conditions of sale and the relationships governed by them are the exclusive jurisdiction of the Court of Modena. Notwithstanding the foregoing, the consumer purchaser may act before the courts of the member state of the European Union in which he is resident or domiciled.
10) LanguageThe present general sales condition are translated in different languages, with priority to italian language in case of disputes or interpretative difficulties.
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