GENERAL TERMS OF SALE
1.1. For the purposes of these general terms and conditions of sale (hereinafter referred to as the ‘Terms of Sale’), the following words shall have the meanings listed below:
- ‘Customer’: any company, agency or legal entity that purchases Partitalia s.r.l. Products;
- ‘Products’: goods produced, assembled and/or sold by Partitalia s.r.l.;
- ‘Order/s’: any Product purchase proposal submitted by the Customer to Partitalia s.r.l. solely via fax, email or telephone.
2. SCOPE OF APPLICATION
2.1. - These General Terms of Sale only regulate business relations between Partitalia s.r.l. and Customers, excluding any other agreement not stipulated in writing.
2.2. - The subject of these General Terms of Sale is the remote and/or online purchase of Products via the website https://www.partitalia.com registered domain name in the name of Partitalia s.r.l. headquartered in Lainate (MI).
2.3. - Given that the computer network known as the World Wide Web is not defined geographically, contracts concluded electronically pursuant to these General Terms of Sale shall be deemed concluded through the address https://www.partitalia.com located on a server in Italy.
2.4. - By submitting a Purchase Order, the Customer unconditionally accepts these General Terms of Sale, which shall therefore be deemed an integral and essential part of the sales contract.
3.1. Partitalia s.r.l. provides the Customer with software, hardware and accessories, which the Customer can also view online and purchase.
3.2. The Customer may view the catalogue, including the electronic version, and offers from Partitalia s.r.l.. Purchases may only be made after acceptance of these General Terms of Sale.
4.1. - The prices published by Partitalia s.r.l. are intended ex warehouse; packaging costs, transport costs, cash on delivery, VAT and taxes excluded. All shipping costs and any additional services requested (warehousing, logistics, etc.), including any additional charges, shall be borne by the Customer.
4.2. - Prices may be changed by Partitalia at any time without prior notice.
5.1. - An initial condition for Order processing (unless otherwise agreed upon in writing with Partitalia) is a bank transfer in advance. These conditions will be maintained until a possible line of credit is granted, with deferred payment terms to be agreed upon.
6. ORDER AND CONCLUSION OF CONTRACT
6.1. - Orders shall be transmitted by the Customer in writing via the Web, fax or email.
6.2. - The contract is concluded when Partitalia s.r.l. sends the Customer written confirmation of the Order (via the Web or fax), specifying the relative ‘Order number’.
6.3. - The Customer may request either total or partial cancellation of the Order. However, Partitalia s.r.l. reserves the right to accept or reject the cancellation.
6.4. - Except in the event Partitalia s.r.l. grants a line of credit to the Customer, Order processing shall be suspended until payment of the price via bank transfer.
6.5. - The Customer hereby acknowledges that Order processing in numerical terms may vary with a tolerance of +/- 10%.
7. OFFERS AND PROMOTIONS
7.1. - The information contained on the website https://www.partitalia.com or in general advertising media about the Products marketed by Partitalia s.r.l. and their prices constitutes an invitation to negotiate. None of this information may be considered an offer to the public, pursuant to Art. 1336 of the Italian Civil Code.
7.2. - Partitalia s.r.l. does not accept returns or replacements of Products on offer.
8. TRANSPORT AND DELIVERY
8.1. - Goods are shipped on a freight collect basis and travel at the Customer’s risk.
8.2. - It is understood that the relevant identification is finalised with delivery of the goods to the carrier, pursuant to Art. 1378 of the Italian Civil Code. The transfer of ownership of the goods to the Customer takes effect at that time.
8.3. - Unless otherwise agreed, delivery shall occur on the ground floor during office hours: 8:30 am to 12:30 pm and 2:00 pm to 6:00 pm on working days, and Monday to Friday. Any other method of delivery must necessarily be agreed in advance with Partitalia when placing the Order or in the quoting stage, and will entail a customised offer.
8.4. - Upon delivery of the goods, the Customer is required to check the integrity of the packages and the quantitative and qualitative correspondence of the contents with what is indicated in the bill of lading and the Order as confirmed by Partitalia s.r.l.. If a discrepancy is found, the Customer shall report it on the copy of the bill of lading retained by the carrier, confirming it with Partitalia s.r.l. within 10 days via fax or registered letter with return receipt. Even for packaging that is intact, the Customer must check the quantity and quality of the goods within 10 days of delivery. Hidden flaws and anomalies must be reported within 10 days of their discovery. Any notice of flaws and anomalies after the above limits shall not be binding for Partitalia s.r.l.
9. LIMITATION OF LIABILITY
9.1. - If Partitalia s.r.l. is ascertained to be liable for total or partial breach of the contract, Partitalia s.r.l. will not be liable for indirect and/or unforeseeable damages to the Customer. Nevertheless, the total compensation due to the Customer shall not exceed the price paid by the Customer.
9.2. - The Customer waives the right to recourse against Partitalia s.r.l. under Art. 131 of Legislative Decree 206/2005 (Italian Consumer Code).
10. SOFTWARE RIGHTS
10.1. - The rights to the software marketed by Partitalia s.r.l. remains the property of the manufacturers and/or owners of the software rights; the Customer/user is only granted a user licence. All software rights are reserved, and the Customer is strictly prohibited from assigning, licensing, pledging, or otherwise providing the rights to the software to third parties, whether for a cost or free of charge.
10.2. - The Customer undertakes not to: remove or alter the copyright indications on the media containing the programs or in the user manual; modify the Products in any way and to use them only for legitimate and/or permitted uses; counterfeit the IT Products; or permit or facilitate their counterfeiting in any way.
11.1. - The purchase of material (whether software or hardware) from Partitalia s.r.l. entails full acceptance of the manufacturer’s warranty conditions, even if this subject is not Partitalia s.r.l. The Customer is therefore aware that the purchased goods will be guaranteed by the manufacturer under the conditions envisaged by the same, and accepts without reservation all the terms and conditions in the manufacturer’s guarantee, with reference, purely by way of example, also to the subject managing the guarantee, even if said subject is not Partitalia s.r.l.
11.2. Partitalia s.r.l. guarantees that the Products have been manufactured in compliance with ISO9001 quality standards and are free from defects/faults (excluding components not manufactured by Partitalia s.r.l.) with a warranty period of 1 (one) year.
11.3. The guarantee shall not apply to Products, whose defects are due to (i) damage caused during transport; (ii) negligent or improper use; (iii) failure to comply with instructions from Partitalia s.r.l. regarding the operation, maintenance and preservation of the Products; or (iv) repairs or modifications made by the Customer or third parties without prior written authorisation from Partitalia s.r.l.
11.4. If the purchased Product turns out to have manufacturing defects and/or was damaged during transport, the Customer may request its replacement within the mandatory term of 10 days from receipt, subject to written notification sent by registered letter with return receipt. This communication shall contain a description of the defect or damage to the Product. The Customer must also return the defective or damaged Product in its original packaging, intact in all its parts.
Partitalia reserves the right to replace or repair the defective Product or reimburse the Customer by issuing a credit note for an amount equal to the value of the defective or damaged Product.
11.5. Provided that the Customer’s claim is covered by the guarantee and reported within the terms of this article, Partitalia s.r.l. shall undertake, at its discretion, to replace or repair each Product or the parts thereof with flaws or defects.
11.6. The guarantee does not cover damage and/or defects in the Products resulting from anomalies caused by tampering with or related to parts assembled/added directly by the Customer or final consumer.
11.7. Partitalia s.r.l. shall not be held liable for indirect or consequent damages of any kind, for example, losses resulting from the Customer’s inactivity or loss of earnings.
11.8. Nevertheless, the Customer’s right to damages shall be limited to a maximum amount equal to the value of the Products with defects or flaws.
12. PERSONAL DATA PROCESSING
12.1. - Pursuant to Italian Legislative Decree no. 196 of 30 June 2003, the Customer declares that he/she is aware that the ‘personal data’ communicated and/or exchanged, also in pre-contractual information, will be processed pursuant to Italian Legislative Decree no. 196/2003 for the effects and purposes of Art. 24, paragraph 1, letter b) and subsequent amendments and supplements to Italian Legislative Decree no. 196/2003. It is also understood that the Customer expressly consents to the transfer of ‘personal data’ pursuant to Art. 43, paragraph 1, letter b) of Italian Legislative Decree no. 196/2003 and, nevertheless, to their communication and dissemination.
13.1. - The Court of Milan shall have exclusive jurisdiction over any dispute regarding the interpretation or execution of these General Terms of Sale and/or contracts stipulated between the Customer and Partitalia s.r.l. pursuant to these general terms.
14. MODIFICATION OF THE GENERAL TERMS OF SALE
14.1. - Partitalia s.r.l. reserves the right to change these General Terms of Sale without prior notice. The changes become effective on the date they are published on the website https://www.partitalia.com.