TERMS AND CONDITIONS OF SALE
1. GENERAL PROVISIONS.
(a) The terms and conditions indicated below (the "General Conditions of Sale") form an integral part of the contracts concluded between the Seller and the Buyer for the supply of the Seller's products (the "Products").
(b) The General Conditions of Sale apply only to all commercial transactions concluded between the Seller and the Buyer on the website www.12pm.it. Any different terms or conditions apply only if confirmed in writing by the Seller.
(c) Sales on this site will be made by:
12PM LAB SAS by Michela Trento
(a) These General Conditions of Sale govern the offer, shipment and acceptance of purchase orders for products on the website www.12pm.it and do not govern the supply of services or the sale of products by third parties other than the Seller that are present on the same site through links, banners or other hyperlinks
3 . PRICES AND PAYMENT TERMS.
(a) VAT included in the prices.
(b) Shipping costs are shown separately.
(c) Payment can be made by: Credit Card, PayPal, Satispay and Klarna.
4 . TERMS OF DELIVERY.
(a) Unless otherwise agreed in writing, any delivery term indicated is not binding on the Seller. The Seller undertakes to do everything in his power to ensure that the Products shipped pursuant to this article are delivered by the selected couriers: 3 working days from the date of shipment.
The above delivery terms cannot, in any case, be considered binding and the Seller, not being able to directly control the deliveries of the Products after their shipment, cannot be held responsible in any way for their non-compliance.
(b) The Seller reserves the right to reasonably make partial deliveries.
(c) Any liability for failed or delayed delivery resulting from force majeure or other unforeseeable events not attributable to the Seller, including, without limitation, strikes, lockouts, public administration provisions, subsequent blockages of export or import possibilities, in consideration of their duration and scope, release the Seller from the obligation to respect any agreed delivery term.
5 . ACCEPTANCE OF PRODUCTS.
(a) Upon taking delivery of the Products, the Buyer shall immediately:
- check the quantities and packaging of the Products and record any objection in the delivery note;
- carry out a conformity check of the Products with respect to what is indicated in the order and record any discrepancy in the delivery note.
(b) In the event of reporting defects, the Purchaser must comply with the following procedures and terms:
- the communication must be made within no more than 15 (fifteen) working days from the time the Purchaser takes delivery of the Products;
- the detailed communication must be sent in writing to the Seller within the terms indicated above. Any communication made by telephone is not accepted;
- the communication must clearly specify the type and amount of the alleged defects;
(c) No dispute with reference to the quantity, quality, type and packaging of the Products can be made except through the communication affixed to the delivery note, in accordance with the procedure indicated above.
(d) Any Product for which no dispute has been raised in accordance with the procedures and terms indicated above is considered approved and accepted by the Purchaser, except as provided for in the following article concerning the right of withdrawal.
6 . RIGHT OF WITHDRAWAL
By not accepting the Products in the manner provided for in point a) of clause 5), the purchaser has the right to withdraw from the purchase without any penalty and without specifying the reason, within fourteen days from the date of receipt of the Products. The buyer who intends to exercise the right of withdrawal must communicate it to the seller by means of an explicit declaration which can be sent by e-mail to the address firstname.lastname@example.org . The products must be returned intact, in the original packaging, complete in all its parts to the Seller's headquarters. In compliance with the above, the Seller will refund the price of the Products subject to withdrawal within a maximum period of 20 days.
7. WARRANTY TERMS.
(a) The Seller warrants that the Products are free from defects and comply with the technical specifications declared by the Seller.
(b) The warranty applies only to products used in environments and for applications consistent with the specifications declared by the Seller; any improper use is to be considered prohibited.
(c) The guarantee will not be valid if the inconvenience or anomaly results from incorrect or unsuitable applications for the product, or if the same does not comply with commissioning. Any modification or replacement of parts of the product not authorized by the Seller relieves the Seller from civil and criminal liability, however voiding the warranty. The warranty does not cover normal wear parts.
8 . LIMITATION OF LIABILITY.
(a) Except in cases of justified dispute raised in accordance with the provisions of article 5 above, the Purchaser is not granted any further right or remedy. In particular, the Seller is not liable for any indemnification claimed for breach or breach of contract, for any direct damage or loss of profit suffered by the Purchaser as a result of the use, non-use, or installation of the Products in other products, with the exception of cases covered by the guarantee indicated in paragraph 6 or in the event of willful misconduct or gross negligence on the part of the Seller.
(b) The Seller will do everything in his power to deliver the Products within the possibly agreed terms, but in no case can he be held liable for damages directly or indirectly caused by the delayed execution of a contract or by the delayed delivery of the Products.
(c) The catalogues, price lists or other promotional material of the Seller constitute only an indication of the type of Products and the prices and the indications indicated therein are not binding on the Seller, The Seller assumes no responsibility for errors or omissions contained in their price lists or in their promotional material.
9. RETENTION OF TITLE
The Products supplied remain the full property of the Seller until the date on which the Purchaser has not paid the full price of the same and all sums due to the Seller. Up to that moment, the Purchaser keeps the Products as trustee of the Seller and must keep the Products adequately stored.
10. INTELLECTUAL PROPERTY
a) The Customer expressly acknowledges that the trademarks, trade names or other distinctive signs affixed to the goods are the exclusive property of the Seller or their respective owners and cannot be altered, modified, removed or canceled in any way. The Customer has the limited right to use the trademarks, trade names or other distinctive signs, as well as any other industrial property right or production and commercial know-how incorporated in the goods and which remains the exclusive property of the Seller, solely and limited purpose of reselling the goods to the public. Any different use of the Seller's intellectual property by the Customer, unless expressly granted by the Seller in writing, will be understood as a violation by the Customer of the aforementioned exclusive rights of the Seller, also in terms of contractual liability and, as such, will be properly prosecuted.
11 . PROCESSING OF PERSONAL DATA.
(a) The Buyer's personal data will be treated in accordance with the provisions of the Italian law on the processing of personal data. The Seller informs the Buyer that the Seller is the data controller and that the personal data of the Buyer are collected and processed exclusively for the execution of this agreement. The Purchaser has the right to ask the Seller to update, rectify, integrate, cancel and transform his data into anonymous form.
12 . APPLICABLE LAW.
(a) These General Conditions of Sale and all stipulated contracts are governed by Italian law.
(a) Any dispute arising between the parties following the interpretation, validity or execution of these General Conditions of Sale and the related stipulated contracts will be devolved to the exclusive jurisdiction of the Court of Bologna.
(b) It is understood between the parties that only the Seller, at its own discretion, will have the right to waive the jurisdiction of the exclusive court referred to in the previous paragraph (a) to take legal action against the Buyer, at his domicile and at the court having jurisdiction therein.
14 . FINAL PROVISIONS.
(a) The invalidity in whole or in part of individual provisions of these General Conditions of Sale does not affect the validity of the remaining provisions.
(b) These General Conditions of Sale are drawn up in Italian and English. In case of interpretative doubts, the Italian version will prevail.