CONSUMER TERMS AND CONDITIONS
The website www.stocksmetic.com (hereinafter, the "Website") is owned and run by Stocksmetic Srl., whose operational headquarters are located in Via Gera 16/18, 20060 Gessate (MI) - Italy, (hereinafter, "Stocksmetic") and legal residence in in piazza della Repubblica 32, 20124, Milano. A customer support number is available for the Customers, which gives information and explanations about our products and methods of purchase. The customer service is available from Monday to Friday from 09:00 am to 12:30 pm and from 13:30 pm to 18:00 pm. Users can call the following telephone number: 0295929880 or send an email to [email protected].
1. SUBJECT - EFFECTIVENESS
1.1 As defined in the General Terms and Conditions of Use, these General Conditions of Sale (hereinafter, GCS) are applicable to all the orders placed through the site www.stocksmetic.com (hereinafter the "Site") by any Consumer (hereinafter the "CUSTOMER") to purchase a product from Stocksmetic Srl (hereinafter the "SUPPLIER") and they completely regulate all current and future supply relationships and possible disputes between the CUSTOMER and the SUPPLIER.
1.2 The present GCS are published in favor of the Consumer in the section "Conditions of sale" of the Site for their reproduction and conservation in accordance with Art. 12 of Leg. Dec. No. 70/2003. The conditions are considered as known and accepted, even if not subscribed, as a consequence of the simple access to the Website or the submission of an order through the features of the Website.
1.3 If one or more of the clauses contained in the GCS were declared null, invalid, ineffective or illegitimate, in whole or in part, by the judicial authorities or by court of arbitration, there would be no consequences as to the validity and effectiveness of the other clauses or the remainder of that clause.
2. ORDERS
2.1 Each Order for standard products must be sent through the specific section of the Website, where the CUSTOMER will have to specify:
- the Quantity of the product
- the Type of shipping (on pallet or package)
2.2 The Supplier will accept orders up to the maximum number of pieces available indicated for each item, for the standard items indicated on the website; for Orders of larger quantities or non-standard products, the CUSTOMER will have to contact Stocksmetic S.p.a. through the appropriate section of the Website.
2.3 In any case, the SUPPLIER will not be bound to selling the products to the CUSTOMER before the receival of a confirmation of payment or the total amount of the payment, in case of bank transfer.
2.4 All Orders are irrevocable and binding and cannot be cancelled by the CUSTOMER.
2.5 Orders will be confirmed and become binding for the SUPPLIER after the receival of a confirmation of the Order, which follows the receival of the payment, in accordance with the provisions of Art. 4.4 and 4.6. All Customers are hereby informed that pressing the “Submit your order” button will send a binding purchase order which commits the Users to paying the price of the goods included in their “cart”.
2.6 If the payment is not received within 5 days from the order confirmation or if the user pays an incorrect amount, the order will be suspended and the goods will be made available for sale to other CUSTOMERS. Consequently, Stocksmetic does not guarantee the availability of the ordered goods in case of payments made beyond 5 days from the Order confirmation. Late-paying CUSTOMERs must wait for the goods to become available again without this entailing any breach on Stocksmetic’s part.
2.7 The CUSTOMER may check the status of the order in the section of the Website dedicated to such purpose:
- Order Received: Order has been received. In case of payment by bank transfer, if the payment has not yet been received, the wording Pending Order will appear
- Order Processing: Order in execution
- Order Complete: Order ready to be picked up at Stocksmetic’s warehouse or shipped with TNT
- Order Canceled: payment declined or Order canceled at the request of the customer, when possible
2.8 Only for standard products, the Customer is granted the right to cancel the Order, free of charge, as long as its status has not reached the status “Order Processing”.
From the moment the Order status is “Order Processing”, if the Customer cancels the Order, the Supplier will be entitled to withhold, as a penalty, a sum equal to 15% of the total value of the Order (VAT excluded).
From the moment the Order status is “Order Complete”, it will no longer be possible to request cancellation.
3 RIGHT OF WITHDRAWAL
3.1 Under articles 52 et. Seq. of Legislative Decree 06.09.2005 n°206 (Consumer Code) and subsequent amendments, the CONSUMER may exercise his/her right to withdrawal.
3.2 A CONSUMER who, for any reason, is unsatisfied with his/her purchase, has the right to withdraw from the contact, without any penalty and without having to motivate, within 14 working days from the date of receival of the products. The right to withdrawal must be exercised through the activation of the Return Procedure established in Article 10, within the term established in Article 3.2.
3.3 The Client must send the Products to Stocksmetic, Via Gera 8/10, 20060 Gessate (MI) – Italy, within 14 days
from the date of activation of the Return Procedure.
3.4 All the return costs are charged to the CUSTOMER.
3.5 All the items will have to reach Stocksmetic in the same conditions in which they were when received by the CUSTOMER, complete with their packaging and eventual manuals and/or instruction booklets which were part of the original packaging; the return of the items with other modalities is strictly forbidden.
3.6 Stocksmetic will accept the returned goods retaining the right to assess that the products have been returned in their original status with their original packaging, that they have not been used, only allowing their handling in order to establish their nature, features and functioning; only when the aforementioned conditions are met, Stocksmetic will refund the amount payed by the CONSUMER.
3.7 By activating the return procedure, the CUSTOMER will be entitled to choose within a refund, the exchange of the item or a store credit.
4. DELIVERIES - QUANTITY
4.1. DELIVERIES
4.1.1 The customer can choose between the shipment with courier or picking up the goods at Stocksmetic’s warehouse.
4.1.2 SHIPMENT
Deliveries to the carrier are made within 7 days from the receival of the order for standard products and within 10 days for personalized products. When the carrier receives the goods, the goods travel at the customer’s own risk.
4.1.2.1 The arrival times of the goods depend on the times of transit of the shipments on the basis of their destination.
4.1.2.2 The dates of delivery and arrival of the goods are not binding and only serve as a reference for the parties. The Supplier will make sure to undertake all the reasonably possible actions to ensure that the respect the fixed terms. The fixed delivery dates are merely indicative and the delivery deadline is not essential. The SUPPLIER will not in any way be responsible for eventual delays in the delivery of the products caused by (i) force major causes as defined in Article10, or (ii) inadequate instructions for the delivery of the products of the CUSTOMER or of any other instruction relating to the sale of Products, (iii) delays of the subcontractors of Stocksmetic or of the CUSTOMER involved in the process of creation of the Products, (iiii) in case of custom products that have particular production characteristics.
4.1.2.3 Shipping costs of the Order will be estimated when the order is placed. Stocksmetic reserves its right to change the estimate based on the actual weight and dimensions of the Order. The Client, by placing the Order, acknowledges and accepts that he/she/it may be charged with extra shipping costs.
4.1.3 PICK UP AT THE WAREHOUSE
The CUSTOMER will pick up the goods at Stocksmetic’s warehouse in Via Giovanni Falcone 14, 25035 Ospitaletto (BS). In this case, the goods will be available for the CUSTOMER at Stocksmetic’s warehouse. (EXW Incoterms 2010)
4.1.3.1 The Goods will be ready for pick up within 7 days from the receival of the payment.
4.1.3.2 After the communication of availability of the goods, they will be available for pick-up every day from Monday to Friday from 08.00 a.m. to 12.00 p.m. and from 1.00 p.m. to 5.00 p.m. The CUSTOMER will be charged with the expenses of any bulletin required by the courier. The warehouse will only issue the transport document. The invoice will be sent via email and will be available for the client to see in his/her reserved area.
4.1.3.3. After having received the communication of availability of the goods, the CUSTOMER must pick up the goods within and no later than 15 days. In case of delay, the delivery will be considered accomplished with the consequences established in Article 5.2.
4.1.3.4 In the event of a late pick-up with regard to the deadlines established in article 4.1.3.3, the Client will be allowed to collect the goods in exchange for the payment of a daily storage fee of 5Euros for each day of delay.
4.1.3.5 In any case, after 30 days from the date in which the communication of availability of the goods is sent, without prejudice to the provisions contained in article 4.1.3.2, the Supplier will be entitled to cancelling the Order, withholding as a penalty a sum equal to 15% of the total value of the Order (VAT excluded), without prejudice the obligation to pay the daily storage fee contained in article 3.1.3.4
In the case disciplined by article 3.1.3.4, the Supplier will make sure to refund the amount paid for the purchase of standard products, after the deduction of the penalties established by article 3.1.3.4 and 3.1.3.5. In the case of an order of personalized products (by way of example: personalized cases and labels with the logo of the client, tailor made suction devices) being annulled, the supplier will be entitled to withholding the entire amount of the price payed by the client, subsequently providing for the disposal of the products that have not been picked up within 45 days from the date of submission of the communication of availability of the goods.
In the case of a pick-up through a courier chosen by the client, the goods will be entrusted to the carrier with a transport document, without the issuing of any other document. The arrangement of any other document that may be required by the courier is a sole responsibility of the Client or the carrier.
4.2 If the SUPPLIER fails to deliver the Products, its liability will be limited to the difference between the price originally provided and the cost sustained by the CUSTOMER to obtain, at the lowest available price on the market, the same amount of substitutive products, of the same features and quality.
4.3 Irrespective of what is established in article 3.1, the terms of delivery will not be effective until the receival by the SUPPLIER of the payment made by the CUSTOMER.
4.4 QUANTITY
4.4.1The minimum quantity of Products per Order and/or Delivery is of 1 box. The number of products per box depends varies depending on the different references.
4.4.2 Each delivered and invoiced Order cannot exceed or be lower than 5%of the agreed quantity of the order. The CUSTOMER accepts this tolerance limit. Within the limits of these variations (+/-5%), the CUSTOMER it not entitled to raising any objection or complaint.
4.4.3 The CUSTOMER has to select the type of delivery (by package or pallet) when he places the order. In case of delivery by pallet the CUSTOMER must be equipped to discharge the pallet.
5 PRICE - PAYMENT
5.1 The Products are billed in accordance to the price indicated on the Website by the Supplier.
5.2 The Prices do not include the costs of preparation and packaging, the Vat and the shipping costs. The user is hereby informed that he/she can calculate the shipping costs through the specific features available on the Website.
5.3 The total price of the supply, including the shipping costs and the preparation and packaging costs, will be indicated in the "cart" section.
5.4 VAT NUMBER, CUSTOM DUTIES AND CHARGES
In case of exports towards non-EU countries, the indicated price will not include the VAT (which should be paid by the User with the methods and rates of the country of destination, upon delivery of the goods), custom charges and duties. In case of a shipment of goods towards a third country, the Business User will not be charged with the VAT. In case of shipments towards Italy, the User will in any case be charged with the VAT.
Please be aware that, pursuant to articles 4.2 and 4.3 of the Website general terms and conditions, failure to enter correct data (in particular the VAT number) will prevent the order from being fulfilled. Business Users, who do not have a VAT number (foreign companies) are hereby reminded that they must contact our customer service before making a purchase.
5.5 5 Available Payment Methods:
-Credit card (Visa and Mastercard)
-PayPal or other payment platforms
-Bank Transfer
The above payment methods do not provide any additional costs for the Customers.
5.6 The payment will be confirmed only after the receival of the exact amount indicated in the order.
5.7 In case of a payment via bank transfer, the Supplier reserves the right to cancel the ORDER should the payment not be accredited within 10 days from the purchase date.
5.8 In the event that the payment is not received within 5 days from the order confirmation or if an incorrect amount is paid, the order will be suspended and the goods will be made available for sale to other CUSTOMERS. Stocksmetic does not guarantee the availability of the ordered goods in case of payments made beyond 5 days from the Order confirmation.
Late-paying CUSTOMERS must wait for the goods to be available again without this entailing any breach on behalf of Stocksmetic.
6 RETENTION OF TITLE - RISKS
6.1 the CUSTOMER will become the owner of the products only after the receival of the total amount of the payment. They payment is considered as fulfilled when the relative sums are available for the Supplier, in accordance with art. 4.6.
The SUPPLIER is entitled to undertaking all the available legal actions required or necessary to preserve and ensure its rights under the applicable national law.
6.2 After the goods have been consigned, under Art. 3, the risks related to the damage or loss of the products fall on the CUSTOMER.
6.3 The SUPPLIER is entitled to require the payment of the price of the products, regardless of the fact that the possession of the goods has passed to the Customer.
6.4 Any down payments made by the CUSTOMER can be retained permanently by the SUPPLIER.
7 WARRANTY
7.1 From the date of delivery up until twenty-four (24) months later, the SUPPLIER guarantees that the products will be:
7.1.1 in compliance with all the specifications described on the Site;
7.1.2 free from defects of materials and fabrication.
7.1.3 of satisfactory quality, pursuant to art. 129 of the Italian Consumer Code (D.Lgs. 206/2005).
7.2 The SUPPLIER does not grant the suitability or adaptability or compatibility of the products with CUSTOMER'S needs and requirements, for the manufacturing of finished, semi-finished and intermediates products, for the incorporation of products in other products, for the use of the products with any substance.
7.3 In case of products manufactured following the Customer’s instruction, the SUPPLIER excludes any warranty concerning the violation of the rights of third parties (specifically, the violation of intellectual property rights).
7.4 It is the exclusive responsibility of the CUSTOMER to:
7.4.1 select the products in relation to the technical features of the finished products or the machinery used for their production and the production of their packages.
7.4.2 make sure that the Products ordered are suitable for the uses for which they will be employed;
7.4.3 make sure that the products are compatible with the substance that the CUSTOMER will use and with the products sold by the CUSTOMER;
7.4.4 ensure that the finished products that the CUSTOMER sells comply with the applicable regulations and laws of the country of sale.
7.4.5 ensure that the products are carefully cleaned and sterilized before the filling.
All warranties will be excluded in case of non-compliance with one or more of the points of the present article.
7.5 The CUSTOMER ensures that the custom specifications communicated to the SUPPLIER do not violate and will not violate the rights of third parties.
7.6 Any technical advice provided by the SUPPLIER, orally or in writing, does not change the fact that the CUSTOMER will have the sole responsibility to select products that are suitable for the use they are intended for, to check with all available means the compatibility and suitability of the Products (in particular, through specific tests made developed by the client or third parties) and to define specific customizing techniques for those products.
7.7 The Supplier’s warranty of the products is expressly excluded in case of:
7.7.1 Changes or alterations of the Products made by the CUSTOMER.
7.7.2 Incorrect use, irregular conservation of the products (in particular the use of the product after the expiry date and/or the violation of the instructions received from the SUPPLIER regarding the preservation of products filled with substances provided or not by the CUSTOMER)
7.7.3 Negligence or omitted custody of products by the CUSTOMER;
7.7.4 Products deterioration or wear.
7.7.5 Complaints non-compliant with the methods and time-frames established in art. 7
The warranty is expressly excluded in case of:
- shade discrepancies of the same color applied to different materials
- lack of uniformity in wooden accessories
- small irregularities in the shape of the bottles, which are considered acceptable in accordance to the AQL standards commonly used in the sector.
7.7 The CUSTOMERS commit to informing their customers, suppliers or contractors/subcontractors with adequate means about the conditions and limitations related to the conservation, deterioration/wear of products.
7.8 Within the limits established by law, any ulterior warranty is excluded with reference to what is established in the present GCS.
8. CHECKS AT ARRIVAL - COMPLAINTS
8.1 All products must be examined and checked by the CUSTOMER when the delivery takes place, in order to control the integrity of the packaging and the product. In case of damage to the packaging or products the CUSTOMER must immediately notify that to the carrier and to the SUPPLIER.
8.2 The CUSTOMER, under penalty of forfeiture, within 14 (fourteen) days from the receival of the goods (as provided for in Art. 8.1) should inform the SUPPLIER in writing of any defect or element of deformity of products that is recognizable after a reasonable control (obvious defects), without prejudice to any claims in respect of the carriers. The shipment will otherwise be considered as accepted by the CUSTOMER and the SUPPLIER will no longer be responsible for any possible defect and deformity of the delivered products.
8.3 If the delivered products are deformed or faulty for reasons not depending on the CUSTOMER, and the defects and divergence are not immediately recognizable after a reasonably accurate check, according to articles 8.1 and 8.2 , ("vices and hidden defects"), the CUSTOMER has to inform the SUPPLIER within three (3) working days after the discovery of the defect or non-compliance. The SUPPLIER will otherwise not respond of vices and hidden defects.
8.4 In no case the SUPPLIER will be held responsible for defects or difformities of the products recognizable or discovered after more than twenty-four (24) months from the date of Delivery.
8.5 The CUSTOMER as soon as a defect or an element of difformity is discovered has to take all the necessary measures, including the immediate interruption of production, in order to limit any harmful consequences that could derive from such defects.
8.6 In the cases established by articles 8.2 and 8.3, if the CUSTOMER detects an element of difformity or a defect in the product, he/she has to activate the procedure to return the goods explained in the Art. 9.
8.7 It is intended that any variation found in the products with respect to the drawings, brochures, images published on the website and advertising (which constitute a mere reference) should not be considered a defect. The Customer will only be able to lodge a complaint when the defect or difformity element have been identified with regard to the technical sheets available on the website.
8.8 The SUPPLIER will repair or replace the defective Product within the terms necessary for the production and delivery of the new products. If the SUPPLIER does not intend or is not able to repair or replace the product, or if, for any reason, the repair or replacement is unsuccessful, the CUSTOMER can end the contract or cancel the order. A product in considered not repaired or replaced only after two repairal or replacement attempts.
The eventual right of the CUSTOMER to a compensation for damage will be subject to the terms referred to in Article 7. The CUSTOMER will keep the defective products that have been replaced at the disposal of the SUPPLIER or he/she will return them to the SUPPLIER after proper authorization, in good condition, and as far as possible in their original packaging. The costs associated with the transport of such products as well as the transport of the products delivered as replacement or after repairal will be sustained by the SUPPLIER.
The CUSTOMER will destroy all the defective products only after receiving express declaration of consent by the SUPPLIER. The operation will be carried out at the expense of the SUPPLIER, in accordance with the applicable laws and regulatory requirements for waste disposal. The CUSTOMER will have to prove the destruction of the products with a certificate of destruction.
8.9 As an alternative, under Article 3 and pursuant of Consumer Code, the Consumer may exercise his/her right to withdrawal within 14 working day from the date of the delivery.
8.10 The remedies established in articles 8 and 9.2 shall be the only remedied available to the Client and the only case of liability of the Supplier for breach the warranty established in art. 7.1
8.11 Any additional document which is not immediately available on the website (conformity certificates, technical designs, etc) will be shipped in no less than 30 days from the date of request by the Client.
9. LIABILITY
9.1 It is hereby announced that return or exchange requests for reasons other than defects or non-compliance will not be accepted under any circumstances. If the Supplier decides to accept the return request, they shall have the right to withhold an amount equal to 15% of the value of the Order (excluding VAT) as a restocking fee.
9.2 The liability of the SUPPLIER is not excluded in case of:
9.2.1 Intent or gross negligence;
9.2.2 Damages or death caused by intent or gross negligence of the SUPPLIER;
9.3 With no prejudice to what provided in Articles 8.1 and 8.3, and within the limits imposed by the law with regard to article 8, the liability of the SUPPLIER (arising from or in connection to the present conditions and to any order, whether contractual or non-contractual, in accordance to law or to any other title, for any reason, and/or resulting from the violation, omission or delayed implementation of any debt borne by the SUPPLIER within the meaning of the conditions or the order and/or any defect in the products) is limited to the price of the products from which such liability has originated.
9.3 Within the limits of what is established by Article 8.1, the SUPPLIER is not in any way liable to the CUSTOMER under contractual or non-contractual liability for any damages including, by way of example:
9.3.1 The loss of components and costs of production of finished, semi-finished or intermediates products of the CUSTOMER
9.3.2 The costs sustained by the CUSTOMER to obtain substitutive products;
9.3.3 Loss of profit;
9.3.4 Impairment of goodwill;
9.3.5 Reputational damage;
9.3.6 Third-party claims against the CUSTOMER or other compensation or sums payed by the CUSTOMER to its customers;
9.3.7 Incidental or consequential damages caused or arising from responsibility within the meaning of Article 7.2.
9.3.8. Damage and liability for defective product requested by consumers and final buyers. In this case, the CUSTOMER will be the only subject responsible for the compliance with the current regulations and with the marketing of the finished products that incorporate semi-finished products.
9.4 The CUSTOMER releases the Provider from all costs, expenses, allowances, damages, whether direct or indirect, and all consequential damages, which include the actual loss, the loss of profit, the impairment of goodwill, damages, claims, demands, legal and procedural costs and convictions incurred by the Supplier as a consequence of a violation of the present GCS.
10.1 In order to return the products, the Client shall contact Stocksmetic and apply for authorization by sending an email to the address available on the Website in the section “Contact us” within 14 days from delivery of the products (according to art. 8.1) for apparent faults, or within 3 following discovery of any hidden defect. The email shall contain the Order number (previously indicated in the Order confirmation) and the name of the subject who executed the Order (name and surname or the company name, in case of a company).
10.2 Once Stocksmetic receives a return application, should it approve it, it shall send a written confirmation via email to the Client. The Client shall print the pre-filed form attached to the email and use it to accompany the return, which shall be carried out via courier.
10.3 When the returned goods are faulted Stocksmetic shall organize the shipment of the goods back to its premises and sustain the relative costs.
10.4 In case of withdrawal pursuant to art. 52. DLGS 206/2005 (Italian Consumer Code) or when a product is returned and its not faulted, shipping costs shall be borne by the Client.
10.5 The Client may choose between two different options: return&refund or exchange.
In any case all customs duties and costs ustained for the return of the goods shall be borne exclusively by the Client. Said customs costs and duties shall be charged to the Client differently depending on the chosen return option:
- Return&Refund: Stocksmetic may withhold the amount due as customs duties and costs from the amount due as refund;
- Exchange: Stockmetic shall charge any amount due for customs duties and costs when an exchange order is placed.
10.6 The shipment of the returned goods shall be carried out and completed within 10 days from receipt of the above email and shall be addressed to Stocksmetic’s warehouse in Gessate (MI), Via Gera n. 16/18 (Italy). The goods shall be returned in the same condition as they were when received by the Client, unused and in their original packaging.
10.7 Only after safe receipt of the goods and on condition that the checks carried on the goods out have a positive outcome, Stocksmetic shall refund or exchange the goods.
10.8 Any request for the return or replacement of suction devices will not be accepted, as these products are customized according to the size of the bottle jointly sold.
10.9 No request for return or replacement of goods will be accepted in case of a request for additional documents other than those available on the website before the deadline set out in art. 8.11.
10.10 Stocksmetic will not accept any return of cases (even when not customized), customized products and/or samples.
11. FORCE MAJEURE
11.1 In case of Force Majeure or Fortuitous event the SUPPLIER has the right to cancel the order, to suspend its execution or postpone the delivery data, without entailing any right for the Customer to ask for compensation, delete or entrust third parties with the execution of the Order. The term force majeure refers to all events beyond the control of the SUPPLIER that objectively prevent him from delivering the goods.
Example of majeure force: technical failure, suspension of the provision of electricity, water, natural gas or fossil fuels, strikes, at the production plant - also of third parties - where the products are actually manufactured, sudden deficiencies and unavailability of raw materials. In addition to this, strikes in the transport sector, delays in the arrival of ships, airplanes and means of transport of any kind, regardless of cause; revolts, riots, wars or revolutions that have occurred or will take place in the countries of production of the goods or in any of the countries in which the goods need to transit in order to reach the place of delivery.
11.2 The SUPPLIER will promptly inform the CUSTOMER and will try to find a solution with him in case of a force majeure event.
In case of an event of force majeure which makes the execution of the order impossible or commercially and economically disadvantageous for more than 6 (six) months, the SUPPLIER has the right to resolve the contract, and nothing is due to the CUSTOMER.
12. CONFIDENTIALITY
11.1 For the entire duration of the collaboration with the Supplier and for a period of minimum 5 years from the date of delivery of the last order, the CUSTOMER accepts to keep all the information provided to him/her orally, in writing write or in any other form during the negotiation and when an order was placed strictly confidential.
12.2 The obligation of confidentiality does not extend to publicly available information or information that has become such for causes other than a breach of the confidentiality obligations imposed on the customer, which were legitimately disclosed by third parties, and to the extent that the CUSTOMER is obliged to disclose such information pursuant to a provision of law or an administrative or judicial order.
13. INTELLECTUAL PROPERTY
13.1 The SUPPLIER does not transfer to the CUSTOMER any know-how or right of intellectual property in relation to the customized products.
13.2 The Client will be able to customize the Products inserting any image or message to his/her liking on condition that such images/messages:
- are not contrary to currently in force laws in Italy, the country of residence of the Customer or the country of destination of the products;
- are not contrary to public order/decency;
- are not contrary to decorum and moral;
- do not contain material relative to racial, sexual and religious discrimination;
do not violate any right of intellectual and/or industrial property of third parties.
It is specifically forbidden to the client to reproduce any figurative or word mark, ornamental designs or models, graphic signs, which are protected by third parties’ exclusive rights.
The client will hold harmless and indemnify the Supplier against any loss, claims and expenses, including legal expenses related to claims, proceedings, dispute which may be presented by third parties with regard to alleged violations of any of their rights (in particular, for unfair competition and the violation of intellectual property
rights) in relation to products fabricated by the SUPPLIER in conformity to the specifics of customization indicated by the CUSTOMER.
13.3 Unless explicitly prohibited by the CUSTOMER in writing, regardless of the existence of any intellectual property rights reserved for the CUSTOMER related to finished products incorporating the Products and/or related components of these finished products, the SUPPLIER will be able to expose in all public events such as, by way of example, fairs, events, exhibitions, and/or commercial documents and advertising, the finished products of the CUSTOMER incorporating Products and/or products manufactured for the CUSTOMER. The exhibition of the finished products of the CUSTOMER will be strictly functional and aimed at being used for the promotion of the products of the SUPPLIER.
14. INDEMNITY CLAUSES
The CUSTOMER expressly declares that the images and texts sent though the specific function of the website for the customization of the products:
- are not in violation of any currently in force law, in Italy, in the country of residence of the CUSTOMER or in the Country of destination of the products;
- are not contrary to the public order and common decency;
- do not contain material pertinent to racial, sexual and religious discrimination;
- do not violate any of the rights to intellectual and industrial property of third parties;
14.2 The CUSTOMER will release and indemnify the SUPPLIER against any loss, costs, demands and expenses, including legal expenses, related to claims, proceedings or disputes present by third parties in relation to the alleged violation of any of their rights (specifically, with regard to unfair competition and the violation of intellectual property rights) in relation to products made by the SUPPLIER in conformity with the details of customization indicated by the CUSTOMER according to articles 12 and 13.1.
15. TREATMENT OF PERSONAL DATA
Please refer to what is provided in the general conditions section of the site.
16. APPLICABLE LAW - JURISDICTION
14.1 The GCS and the contracts respecting the GCS are governed and construed in accordance with Italian law.
14.2 Any dispute relating to the application, execution, interpretation and breach of contracts of purchase stipulated through the site is subject to the jurisdiction of the Court where the consumer has domicile.
These Sales terms and conditions were updated on 08/08/2022
For the purposes of Art. 1341-1342 Civil Code the CUSTOMER expressly and separately agrees with all the clauses contained in the articles: 3 (RIGHT OF WITHDRAWAL), 4 (DELIVERIES - QUANTITY) 6 (RETENTION OF TITLE - RISKS), 7 (WARRANTY), 8 (CHECKS AT ARRIVAL - COMPLAINTS), 9 (LIABILITY), 10 (RETURNED GOODS), 13 (INTELLECTUAL PROPERTY), 14 (INDEMNITY CLAUSES )and 16 (APPLICABLE LAW - JURISDICTION).
