GENERAL FURNISHING CONDITIONS
These general conditions have the object and regulate the trade of products by the supplier Maurimacchine on the website www.storemm.com.
The supply contract is perfected by the compilation and the consensus to the transition expressed by the online acceptance in the dedicated forms.
The customer agrees and undertakes, once the online order is processed, to print and keep these supply conditions, already examined and accepted during the order process.
2. CONTRACT CONCLUSION
The purchase ordered online by the customer is irrevocable until the acceptance or rejection of the supplier.
The contract will be concluded through the customer direct access to the website www.storemm.com, the filling of the form and the order of the selected products.
It will be concluded when the customer gets the written order confirmation from the supplier. The conclusion of the contract will always take place in the supplier’s establishment.
Delivery is carried out when the products are delivered by the supplier to the carrier forward the customer. The date of delivery of the products is the one indicated in the written order confirmation. If the customer refuses to accept the products disposed to him with the rules above, in case of non-withdrawal of the products within 5 days from the date of availability of the same, the supplier may store the products in a store, at risk and expenses borne by the customer.
The supplier reserves the right to extend delivery times, without being obliged in any way to pay any compensation in the following cases:
a) result of force majeur such as strikes, lack of energy, fire in the supplier and/or any event not attributable to it;
b) failure, inaccuracies or delays in the transmission of the customer information necessary to the implementation of the order;
c) any amendments accepted by the supplier after the order receipt;
d) difficulty of the supply of raw materials.
The terms of supply, shipping and delivery however agreed, are not mandatory nor essential, but must be purely indicative and not binding for the supplier. Any delay in delivery can not rise penalties, neither damages nor effect of interest or resolution, even partial, of the contract to be borne by the supplier.
In case the supplier has to delay the delivery of the products, on customer demand or due to him only indirectly attributable, all the eventual costs, such as storage, handling, transport and others, shall be borne by customer itself.
5. TRANSPORT AND PACKAGING
Unless otherwise agreed in writing, products are delivered Ex-Works-Incoterms and travel at risk and danger of the customer even if they are destiny delivered. Any assurance of the goods during the transport is borne by the customer. The customer is responsible for clearing the products and any other additional operation related to it as well as the payment of charges and customs duties.
Packaging shall be carried out according to user experience, unless specific requests made by the customer, which must be specifically written in the order.The supplier provides packaging for the shipment of products in the most appropriated form and is not liable for possible damages, breakages, tampering or shortfalls that may occur after outgoing from the warehouses. Any claims or disputes arising related to transport and/or complementary operations and/or subsequent to it, must be proposed exclusively by the customer against the carrier or possible third parties.
The cost of shipping in Europe amounts to €. 35.00 and will be charged to the customer when the order value will be less than € 399.99 Euro; instead, when the cost of the order will be higher than this limit, the shipment will be borne by the supplier.
For countries outside Europe, the cost of shipment will be calculated after the receipt of the order and the approval of the supplier and will be communicated to the customer by e-mail .
The supplier is relieved of any liability in case of loss and damages of the products due to transport or inaccurate manipulation.
6. DEFECTS AND WARRANTIES OF THE PRODUCTS
The guarantee of compliance of the contract to the contract lasts twelve months and runs from the date of delivery of the same.
The supplier warrants only that the products conform to the information and technical specifications in www.storemm.com site and in the order confirmation sent to the customer.
The warranty does not cover parts of the products owed to wear or the compliance vices due to a misuse of the products or improper storage, customer’s alterations or repairs without the prior written consense of the supplier.
The complaints made by the customer for the product supplied discrepancies must sent to the supplier by fax or registered mail with return receipt within two months from the delivery date of the products, under the penalty of forfeiture of every right.
The document must contain:
1) all the data contained in the order;
2) invoice number of the supplier;
3) product delivery date (date delivery note);
4) defects in relation to the product purchased;
5) name and contact details of the person to contact.
The supplier reserves the right to examine the merits of the complaints at its headquarters in Cermenate (Como, Italy).
If the complaint brought to the manner described above is founded, the supplier will provide, at its discretion and within 30 days, the refund of the paid amount, the correction of the discrepancy or replacement of the deformed product.
In any case the supplier’s liability for lack of conformity shall not exceed the price of the product value paid initially by the customer.
The supplier has the right to return the disputed provision to the customer.
In case the complaints are unfounded, the provider may charge the inspection expenses to the customer.
Complaints still do not give the right to delay or suspend payments to the customer .
The price which the parties refer to the purposes of these General furnishing conditions is expressly stated in the order confirmation sent by the supplier to the customer, including the shipping price.
Catalogues, price lists or other promotional materials are only an indication of the type of product; prices and technical information are not binding for the supplier and may changed without advice.
If during the delivery there may be any price increase in materials, in labor or in other elements, it remains in the supplier’s competence to adjust the prices from the dates on which these increases are occurring.
The price is intended gross of any fees and charges (except for any custom fees that are still charged to the customer). Payment must be made within the terms and conditions indicated in the confirmation of the order or in the sales invoice.
Payment is considered valid if it’s made in Euros directly to the supplier as indicated in the order form and accepted from the supplier itself.
Any payment made in a different way will not be considered valid by the supplier.
In case that the customer is subjected to legal proceedings or is in a state of financial difficulties or is in default of any of the contractual obligations, the supplier may conclude the contract by written notice to the customer.
The termination of the contract for any reason does not affect the rights acquired by the supplier until the time of termination.
In case of termination, any amount already paid will remain acquired by the supplier in reference to the greater amount still owed by the customer, without prejudice to compensation for the damage. The products must be immediately returned to the supplier, at the headquarters of the same or a different place eventually indicated by the supplier.
Complaints still does not give to the customer the right to delay or suspend payments.
The contract is governed by Italian law.
All disputes concerning the interpretation and execution of the contract are under the exclusive jurisdiction of Italy Foro di Como judicial authorities.
12. DATA PROTECTION
Personal data are collected with the purpose of registering and activating the procedures for the execution of this contract and the necessary communications; these data are processed electronically in compliance with laws and can be shown only at the expressed request of the judicial authority or other lawfully entitled authorities.
Personal data will be communicated to delegated subjects to carry out the activities necessary for execution of the stipulated contract and diffused exclusively for this purpose.
The attention to the security and to the confidentiality customer data is a priority for the supplier; information about the person, corporation/company or about purchases made is strictly confidential; the supplier must not distribute and sell the information in its possession to a third part for promotional purposes.
The information provided will only be used in order to send newsletters, to communicate special news, promotions, new product offerings unless contrary intention is expressed by the customer at the time of registration with an e-mail to the address email@example.com. The customer declares to have been informed of all the elements provided by art. 13 D.LG. June 30, 2003 n. 196 by signing the disclosure model and consensus. The customer gives its consensus pursuant to art. 23 of the mentioned decree in case that the personal and business data must be processed by third parts and/or eventually transferred to countries within the European Union or third countries (in accordance with art. 42 and 43 of the decree, especially to foreign entities, including non-EU) for the same reasons.
13. SPECIFIC APPROVAL
Pursuant to art. 1341 cc. the customer declares to have read carefully and have specifically approved the following clauses of the contract general furnishing conditions: art. 2 Conclusion of the contract; art. 3 Delivery; art. 4 Terms; art. 5 Transport and packaging; art. 6 Defects and warranty of the products; art. 7 Price; art. 8 Payment; art. 9 Resolution; art. 10 Law; art. 11 Jurisdiction; art. 12 Protection of personal data; art. 13 Specific approval.
Store MM – MAURIMACCHINE srl
Via Maestri Comacini, 12
I-22072 Cermenate (Como)
phone +39 031 771 374 – fax: +39 031 773 500
pi IT01456300134 – REA 191919 – Capitale Sociale 51.480,00 i.v.