GENERAL CONDITIONS OF SALE
General Provisions
The terms and conditions hereunder (the "General Conditions of Sale”) are an integral part of the agreements concluded between the Seller and the Purchaser for the supply of the Seller's products (the “Products”).
By signing this agreement, the parties undertake to comply with the laws, regulations and instructions issued by the competent authorities with regard to the specific goods sector comprising the product that is the object of this agreement.
The General Conditions of Sale apply to all transactions concluded between the Seller and the Purchaser, without the need for said Conditions to be specifically referred to, or a specific agreement pertaining thereto to be reached, upon the conclusion of each individual transaction. Any other
conditions or terms may be applied only if confirmed in writing.
The Seller reserves the right to make changes, additions or variations to the General Conditions of Sale, enclosing any such variations together with the offers made, or with any form of correspondence sent in writing to the Purchaser.
Specifically, the Seller declares that the product is compliant with the regulations in force, based on which it is tested and verified.
Article 1 – Orders and Prices.
Before sending an order, the Customer undertakes to examine these General Conditions of Sale of EXTRAIT D’ATELIER, and to accept them by placing his/her signature on the line indicated below.
These conditions replace and render invalid any previous/other conditions. Unless accepted by us in writing, no other conditions may prevail over the following General Conditions of Sale.
Orders placed by the Purchaser are not considered to have been accepted until they have been confirmed in writing by the Seller.
Orders placed and/or changes to orders notified verbally or over the phone must be confirmed in writing by the Purchaser.
The sales agreement is deemed concluded with the sending on the part of EXTRAIT D’ATELIER of confirmation of the order received. Said confirmation shall contain the Customer's details and the order number, the price of the goods purchased, the shipping costs and the delivery address to which
the goods are to be sent. It is to be considered irrevocable, save for the exceptions contemplated by the law or in these general conditions.
The Customer undertakes to check that his/her personal details as they appear on the order are accurate, promptly notifying EXTRAIT D’ATELIER of any corrections required.
The products are supplied at the prices stated on the Price List applicable at the time of the order. All the selling prices of the products indicated on the Price List are shown in Euros, and do not include VAT and any costs for transport, taxes, duties, shipping, insurance, packaging and collection orders
or any other instruments managed by the banking system.
The Customer accepts that EXTRAIT D’ATELIER is entitled to make changes to its prices at any time: goods will, however, be invoiced based on the prices indicated on the Price List at the time the order is placed, and shown on the order conformation sent to the Customer by EXTRAIT
D’ATELIER.
In order to guarantee maximum quality of the product supplied, EXTRAIT D’ATELIER reserves the right to unilaterally postpone, suspend or cancel a delivery, in the event of damaging events due to force majeure, such as, for example: fires, accidental interruption of the electricity supply, strikes,
lock-outs, unavailability of raw materials, or any other reasons not attributable to the Seller.
Orders must comply with the packaging, colours and minimum quantities indicated in our catalogues and Price Lists.
Customer orders and order confirmation may also be sent by certified e-mail in the form of a document with a digital signature.
Article 2 – Shipments and transport
If goods are shipped at the expense of the Seller, unloading costs shall be paid by the Customer receiving the goods. Goods are sold Ex Works, and therefore always travel at the risk of the Customer, whatever the form of transport used. It shall therefore be the recipient's responsibility to agree upon
all transport conditions with the carrier and to define all the pertinent reservations in the event of breakdowns, damage or missing goods.
Unless otherwise agreed upon in writing, any delivery term indicated is not binding upon the Seller. The expected delivery date shown on the purchase order is indicative, and may vary depending on the Seller's ability to supply and ship the goods.
Products will not be delivered if the Customer has not settled the charges owed by them.
The Seller reserves the right to make partial deliveries where reasonable, for orders of considerable amounts, subject to agreement with the Customer.
Article 3 - Receipt of products and obligation of Customer to inspect them; acceptance or return of products; reporting faults
Upon receipt of the products, the Customer must immediately check that they correspond exactly to the order placed (type, quantity, evident features of the product, etc.), indicating any differences on the Delivery Note.
It is the duty of the Purchaser to provide notification of faulty, damaged or missing goods in writing, where possible on the Delivery Note at the time of delivery. In all cases, reservations must be confirmed by means of registered letter with return receipt, within 8 (eight) days of receipt of the goods.
Said notification may also be provided by means of certified e-mail.
To report faults, the Purchaser must comply with the procedures and terms below:
- notifications must be provided, upon penalty of invalidity, within 8 (eight) days of receipt of the goods, by means of registered post or certified e-mail. The same terms apply for notification of hidden defects, starting from the moment they are discovered.
- Once said terms have expired, the Seller will not be able to take any claims into consideration.
- The Customer must provide proof of the anomaly reported regarding the product, and undertakes to facilitate the verification of said anomaly on the part of the Seller: to this end, the Purchaser undertakes to make the products concerned available to the Seller and/or a representative of the Seller;
Any product for which no notifications have been received in compliance with the procedures and the terms indicated above is deemed to have been accepted by the Purchaser.
Returns of goods must always be authorised in advance by the selling company: all goods returned without the advance consent of the selling company will be sent back to the Customer, carriage forward.
The Customer must return the goods within 15 days from the day on which s/he received authorisation to return them from EXTRAIT D’ATELIER.
Goods must be sent back to EXTRAIT D’ATELIER, Via Don Martino Durighello no. 13, 36030 ZUGLIANO (VICENZA).
Transport costs and direct costs resulting from the return are charged to the Customer.
Goods must be returned in perfect condition, in the original packaging, complete in all their parts (including packaging and any accessory documentation and items: manuals, brochures, etc.), complete with the accompanying tax documentation. Without prejudice to its right to verify compliance with
the above, EXTRAIT D’ATELIER will refund the amount of the products return within a maximum term of 60 days from receipt of the goods returned.
EXTRAIT D’ATELIER will in no case refund any amount until the goods have been received.
EXTRAIT D’ATELIER will refund the amounts due by bank transfer, with bank charges charged to the customer.
The Customer must provide EXTRAIT D’ATELIER with the necessary bank account details - IBAN, SWIFT and BIC - for the refund to be made.
Article 4 – Right of withdrawal
If the Customer is a “Consumer”, as defined by Article 3 of the Consumer Code, he is entitled to the rights set forth in Article 64 of the Consumer Code and as amended by Decree 2013/83 EU within the limits provided by said legislation and is therefore entitled to withdraw from the Contract of
Purchase for any reason, without justification and without any penalty, in accordance with the procedures set forth below. Withdrawal may refer to all (Total Withdrawal) or only part of the Products purchased by the Consumer (Partial Withdrawal). The right of Withdrawal is exercised by sending –
within 14 (fourteen) working days of the date of receipt of the Products – a communication by registered letter with return receipt, addressed to:
The goods must be sent back to EXTRAIT D’ATELIER, Via Don Martino Durighello 13, 36030 ZUGLIANO (VI).
Or by sending an email to the address: info@extraitdatelier.com
The goods must then be returned by the Customer to the same address within 14 days of the date on which he communicated his intention to exercise the right of withdrawal. EXTRAIT D’ATELIER shall only accept returned goods that are in a perfect state and in their original packaging,
accompanied by the relevant sales receipt. EXTRAIT D’ATELIER shall bear the transport costs for the return of non-compliant goods only in respect of the request for withdrawal, and therefore any subsequent and future dispatches referring to the same Purchase Order shall be borne by the
Customer. EXTRAIT D’ATELIER shall send the replacement product at its own expense in the case of return of defective products. Once EXTRAIT D’ATELIER has checked that the returned goods are intact and in a normal state of preservation, are contained in their original package, complete
with all their parts (including packaging and ancillary documentation), it shall reimburse the price and related shipment costs invoiced, within a maximum of 14 days of receipt of the Customer’s notice of his intention to withdraw from the contract. The refund shall be made by the same procedure
used by the customer to make the purchase.
Article 5 - Guarantee Terms.
The Seller guarantees that the Products are free from defects and compliant with the technical specifications declared.
The guarantee applies only to products used for applications consistent with the specifications declared by the Seller; any improper use is to be considered forbidden.
The guarantee will not be valid if the problem or anomaly derives from incorrect or inadequate applications of the product. Any changes to or replacements of parts that have not been authorised by the Seller shall relieve the manufacturer or the Seller of all civil and criminal liability, rendering the
guarantee in any case invalid. The guarantee does not cover parts normally subject to wear and tear.
Article 6 - Limitation of Liability.
Except for instances of justified objections raised in compliance with the provisions of Article 3 above, the Purchaser is not entitled to any further rights or remedies. Specifically, the Seller may not be held liable for any damages requested for breach or default of contract, for any direct damage or
loss of earnings suffered by the Purchaser as a consequence of using the Products, except for the cases covered by the guarantee indicated in Article 3 and 4, or in the event of gross negligence or wilful misconduct on the part of the Seller.
Article 7 - Intellectual property of EXTRAIT D’ATELIER
The Customer explicitly recognises that the brands, trade names or other distinguishing features that appear on the goods are the exclusive property of EXTRAIT D’ATELIER, and may not be altered, changed, removed or erased in any way. The Customer's right to the use of brands, trade names or
other distinguishing features, as well as his/her industrial property rights or rights to production or commercial know-how bound up with the goods, are limited exclusively to the extent required for the retail sale of the goods. Any other use of the intellectual property rights of EXTRAIT D’ATELIER
on the part of the Customer, unless explicitly granted in writing by EXTRAIT D’ATELIER, shall be considered a breach on the part of the Customer of the aforementioned exclusive rights held by EXTRAIT D’ATELIER, also in terms of contractual liability, and as such shall be punished by law.
Any documents, drawings, data and information (in hardcopy format or stored on an electronic support) that may be given to the Customer remain the exclusive property of EXTRAIT D’ATELIER. They are designed to represent the Product more effectively and are indicative of the performance of
the Product.
The Customer, unless specifically authorised to do so by the Seller, undertakes not to copy them or divulge them to third parties, and to adopt the appropriate precautionary measures vis-a-vis his/her staff in order to safeguard the products.
Article 8 - Payment Conditions
Unless otherwise agreed, payments must be made by bank transfer to the bank indicated below, upon receipt of the order confirmation.
Bank:
BANCA POPOLARE DI VICENZA
IBAN: IT 07V0572860860086571218785
BIC: BPVIIT21086
All bank charges are charged to the Customer.
For any agreements that differ from the General Conditions of Sale, EXTRAIT D’ATELIER reserves the right to ask the Customer for any payment guarantees deemed useful.
Any kind of delay authorises us to suspend our shipping obligations and all other contractual agreements.
In the event of delays in payment, the Customer will be charged the arrears interest provided for by Legislative Decree no. 231/2002. In the event the provisions of the aforementioned Legislative Decree no. 231/2002 are not applicable, the Parties shall agree upon arrears interest at an annual rate of
7%.
In the event that the Purchaser has received notice of seizure or forfeiture, or is subject to insolvency proceedings, the Seller is entitled, at her discretion, to suspend or cancel further deliveries, and to declare any claims deriving from the business relationship immediately enforceable.
The Purchaser has no right to make any compensation, withholdings or reductions, unless his/her claim to that effect has been definitively, legally approved.
Article 9 - Force Majeure
EXTRAIT D’ATELIER accepts no liability for disruption or delays attributable to force majeure or unforeseeable circumstances, in the event it is unable to execute an order within the terms contemplated in the agreement. The following are considered instances of force majeure: wars, revolts,
earthquakes, natural disasters, fires, strikes, lock-outs, measures established by the public administration, subsequent blocks affecting imports or exports, interruptions to transport, etc. for whatever reason.
This list is merely indicative: any cause of force majeure immediately dispenses the selling company from honouring its commitments vis-a-vis the Purchaser, in whatever form said commitments have been undertaken.
Article 10 - Indivisibility
These General Conditions of Sale are made up of all of the clauses contained herein. If one or more provisions of these General Conditions of Sale is considered invalid, or declared as such pursuant to the law or regulations, or following a decision taken by a court with the pertinent jurisdiction, the
other provisions shall remain in force and fully effective.
Article 11 – Confidentiality, reserved nature of data and processing of personal data
Each Party undertakes to treat as confidential all the technical and commercial information exchanged between them, and not to reveal to third parties any confidential, reserved information received, except with the explicit consent of the other Party or if compulsory by law.
The Purchaser's personal data shall be treated in compliance with the Italian law on processing of personal data (Legislative Decree no. 196/2003). The Seller informs the Purchaser that the Seller is the Data Controller, and that the Purchaser's personal data are collected and processed exclusively for
the execution of this agreement. Pursuant to article 7 of Legislative Decree no.196/2003, the Purchaser has the right to request that the Seller update, rectify, add to, erase or anonymise his/her data.
Article 12 - Applicable law, exclusive court of jurisdiction, final clauses
This agreement was drafted in Italian and has been translated into English. In the event of a contrast and/or difference in the interpretation of any contract clauses whose meaning contrasts with Italian legislation, the agreement as drafted in Italian shall prevail.
The Parties specifically declare that they have chosen to have their contractual relationship governed by Italian Law.
The place of execution of the obligations deriving from this agreement is the premises of the Seller.
The obligation governing the delivery of goods shall therefore also be considered as fulfilled at the Seller's premises, where the goods shall be consigned to the carrier.
The obligation governing payment must be fulfilled at the Seller's domicile.
Anything not otherwise covered by his agreement shall specifically be governed by the regulations contained in the Italian Civil Code concerning sales agreements, as well as the laws and regulations in force on the day on which the agreement was signed.
Any disputes that cannot be solved amicably shall be subject to the exclusive jurisdiction of the Court of Trento, without prejudice to the undertaking of alternative procedures established by Italian law.