These General Conditions of Sale (hereinafter "GC") govern the remote sale, via the internet portal set up for this purpose (the "Portal"), of the products offered in this way by General Fluidi S.r.l.
The GCs regulate B2B sales, i.e. in favor of subjects who do not qualify as consumers in accordance with the law.
The following definitions apply in the GTC:
- Seller: General Fluidi S.r.l., with registered office in Via Germania n. 3, 35127 Padua (PD), VAT number 00641000286, Padua Company Register Office PD-130135;
- Customer: the person who gives the sales order to the Seller through the Portal.
- Order: the sales order submitted via the Portal.
- Order Confirmation: the communication of acceptance of the Order by the Seller.
- Product/s: the object of the Sales Order.
- Assembly: the assembly of the various components of the ordered Product, in the case of complex Products.
- Testing: the experimental verification of the Assembly in order to check its efficiency.
The characteristics of the Products displayed on the Portal, with the relative codes, are shown in the individual technical sheets.
The representation of the Products on the Portal, usually made up of the relative photographic image, may not exactly comply with the relative characteristics indicated in the descriptive sheet, to which only the Client must refer.
The request for the Product by the Customer must be forwarded through the Portal by filling in the Order model forms following the guided procedure provided therein and providing all the data and consents necessary to put the Seller in a position to accept the Order and process the sale, thus completing the related sales contract. In particular, the condition of acceptance of each Order is the express acceptance of these GTC also with regard to the so-called unfair terms pursuant to and for the purposes of articles 1341 and 1342 codes. civ. Italian.
All data provided will be processed in compliance with current legislation on privacy, according to the information that the Customer must accept when completing the Order.
The guided process of compiling the Order provides for the possibility of amending and correcting the data provided, up to the moment of forwarding, when the Order becomes no longer modifiable.
Each Order is valid as a purchase offer that the Seller reserves the right to accept at its discretion. In this case, the Seller will forward to the Customer an Order confirmation email, which will summarize the terms of the same by assigning a numerical code to this Order. This e-mail is valid as an Order Confirmation and it will also contain a link to the Portal, where the Customer can find the GTC and all the other information to which consent was given when completing the Order.
The Order Confirmation will also contain the price and economic details of the sale, any ancillary costs as well as the terms and methods of payment.
The presentation of the Products through the Portal does not constitute an offer to the public pursuant to art. 1336 code civ. Italian.
By forwarding the Order, the Customer declares to have read and accepted the GCs and all the information requested during the relative guided process.
Prices are shown net of VAT, which is highlighted separately, if applicable.
Transport costs are borne by the Customer and will be paid according to standard transport rates after the Order Confirmation, as well as any assembly and testing costs.
Prices and all additional costs are valid until changed. In particular, the Seller will have the right to accept the Order at a different price from the one indicated and in this case the Confirmation will be valid as a counter-offer which must in turn be accepted by the Client by replying to the relative Order Confirmation email.
In the case of payments in installments, failure to pay even one installment will give the Seller the right to terminate the contract and to regain immediate possession of the goods supplied, without the need for formal notice. In this case, the Parties agree that the amount paid will be retained by the Seller by way of indemnity and penalty clause.
Where it can be estimated in advance, albeit indicatively, the delivery term for each Product is shown in the section of the Portal dedicated to it. In general, the delivery terms are those of use and depend on the type of transport and the distance to be covered.
In any case, the Seller is not liable for delivery times which depend on the carrier, shipper or carrier, or on reasons of force majeure or in any case on causes not attributable to him.
All deliveries are ex works.
Deliveries are made from Monday to Friday, excluding public holidays, national days or in the locality where the Seller is based.
Where the Product requires Assembly and Testing, this will be referred to in the guided compilation of the Order and following the Order Confirmation, the Seller's technical office will contact the Customer to agree on the methods, times and terms of Assembly and Testing.
The Client shall make available to the personnel sent by the Client the resources necessary to ensure these operations.
The remuneration relating to the services of the assemblers is understood to be governed by the «Assofluid» tariffs in force on the date of the request for the intervention of the assembler.
The warranty terms are governed by articles 1490 et seq. code civ Italian and every guarantee is always understood to be ex works. In addition to the remedies provided by these rules, but always within the warranty time limits established therein, the Seller will also have the right (if this remedy is less onerous than the repair) to replace free of charge those Products or those parts of the Product which, for production defect, should be flawed and not functioning, and provided that the defect does not depend on natural wear and tear, on failures caused by the Client's incompetence or negligence, on overloads beyond the contractual limits or on fortuitous cases.
The Products and parts of the Product which, due to their nature or method of use, are subject to rapid wear, such as gaskets, belts, pressure gauges, motors and electrical appliances are considered excluded from the guarantee.
Any guarantee ceases where the Product is not used according to the Seller's instructions or where the Customer carries out or has made changes or repairs, without written authorization from the Seller, as well as in the case of poor maintenance or faulty installation by the Customer or for lack of protection or load limiting equipment as prescribed by current standards.
The Seller's responsibility is strictly limited to the proper functioning of the Products it supplies and cannot be called into question except for the material supplied. In particular, the Seller's liability cannot be extended to any malfunctioning of systems or machines created by the Customer with Products sold by the Seller, even where such systems and machines have been assembled and connected according to diagrams or drawings suggested by the Seller.
The Parties expressly agree that the guarantee given by the Supplier is limited - with preference for the least onerous remedy - to the repair and/or replacement of the Product, or part of the Product, which is not working or works in a limited way.
Delivery times are indicative and the Seller cannot be held responsible for any delays during transport.
All disputes between the parties will be governed by Italian law.
Any dispute that may arise in relation to each contract formed on the basis of the Order will be the exclusive jurisdiction of the Court of Padua.
Returns of goods will not be accepted, unless they have been expressly agreed and approved.