1.OBJECT - VALIDITY
1.1 These Terms and Conditions of Sale Consumer (hereinafter, the “GCSC”) apply to all orders (hereinafter, the “Order” or the “Orders”) for products (hereinafter, the “Products”) for sale on the website www.stocksmetic. com (hereinafter, the “Website”) and issued through the Website by any Consumer User, as defined in the General Terms and Conditions of Use of the Website (hereinafter, the “Customer”), in favor of Premi S.p.A. (hereinafter, “Premi” or the “Supplier”) and govern the supply relationship between the Customer and the Supplier established through Orders issued during the period of validity of these GCSC.
1.2 These GCSC are published on the relevant section of the Website for the benefit of the consumer for reproduction and preservation in accordance with Article 12 of Italian Legislative Decree 70/2003 and are in any case considered known and accepted, even if not signed, with the submission of the Order or Pre-Order through the appropriate functionality of the Website.
1.3 In the event that one or more clauses of these GCSC are declared null, invalid, ineffective or illegal, in whole or in part, by the judicial authority or by an arbitration board, this will not affect the validity and effectiveness of the other clauses or the remaining part of the clause declared null, invalid or ineffective.
1.4 Premi reserves the right to change these GCSC at any time. In any event, the GCSC applicable to an Order or Pre-Order shall be those in effect and accepted by Customer at the time the Order or Pre-Order is placed.
2. ORDERS - QUANTITIES
2.1 Each Order for standard Products must be submitted through the appropriate section of the Website in which the Customer must specify the quantity of Products to be purchased - the minimum quantity of Products per Order is one box. The number of Products per box varies according to the different references and is indicated on the page of the Website relating to the Product itself.
2.2 The Supplier may accept or reject Orders at its own discretion and, in any case, will accept Orders for quantities from the minimum number of pieces that can be purchased for each Product and up to the maximum number of pieces available indicated for each Product, for standard Products on the Website; for Orders of larger quantities or of non-standard Products, the Customer must contact Premi through the “Contact Us” section of the Website.
2.3 In no event shall the Supplier be obliged to deliver the Products to the Customer before receiving confirmation of payment from the online payment processor or receiving actual crediting of the Order Amount (as defined below), in the case of payment by bank transfer.
2.4 All Orders are irrevocable and binding and, subject to the provisions of Article 8 in relation to the right of withdrawal granted to consumers, cannot be cancelled by the Customer, who acknowledges and declares that he/she is aware of the fact that, once he/she has clicked on the “PLACE ORDER” button, a binding purchase Order is sent which obliges him/her to pay for the Products in his/her virtual “shopping cart”. Nevertheless, for standard Products Orders only, the Customer will have the right to cancel the Order, free of charge, until the same is in preparation. The Customer will be able to check the status of the Order placed in the appropriate section of the Website.
2.5 Orders will be confirmed - and thus become binding on the Supplier - only upon issuance of the order confirmation sent by the Supplier by e-mail. However, in the event that the Customer makes a late or incorrect payment pursuant to Article 4, Premi shall have the right to cancel or suspend the Order, even if it has already been confirmed; in the latter case, the Products ordered shall be made available for sale to other customers and, if applicable, the Customer shall have to wait for the actual availability of the Products originally ordered without this resulting in default on Premi's part.
2.6 Certain Products, although not available at the time the Order relating to the same (the “Pre-Order”) is placed, may be pre-orderable. In such event, the page on the Website relating to each such Product will clearly indicate that the same is “pre-orderable”, as well as the maximum quantity of pre-orderable units and the approximate date on which the Products should be available for Pre-Order fulfillment (“Availability Date”). The Customer acknowledges and accepts that by placing a Pre-Order - in the event that the Supplier accepts it by sending an order confirmation - the Order Amount (as defined below) in relation to the Products pre-ordered by issuing the Pre-Order will be charged to the Customer in advance and, therefore, despite the fact that the Products are not available and ready to be delivered at that time. The Customer also acknowledges and accepts that the Availability Dates indicated by the Supplier on the Website are to be considered as indicative and subject to change for reasons beyond the control of the Supplier; therefore, the actual Availability Date of a Product may differ from that indicated on the Website or elsewhere.
2.7 Supplier reserves the right to cancel all or part of a Pre-Order if, on the scheduled Availability Date, all or part of the Products covered by the Pre-Order become unavailable. The Customer agrees and acknowledges that it shall have no claim in this regard against the Supplier and that nothing shall be due to it in any respect in the event of cancellation of a Pre-Order.
2.8 On the effective Availability Date of the Products covered by a Pre-Order, Pre-Orders shall become Orders for all purposes of these GCSC and, therefore, unless otherwise specified, all provisions contained in these GCSC (and relating, without limitation, to payments, quantities that may be ordered, shipping arrangements, warranty, defects in the Products, method of making claims, etc.), where compatible, shall also apply to purchases made by the Customer by issuing a Pre-Order.
3. DELIVERIES
3.1. Customer may choose between shipping by courier or collecting the Products at Premi's warehouse. Therefore, “Delivery” means:
(i) in the case of pickup at Premi’s Warehouse (as defined below), the time at which the Products are made available at the Warehouse for collection; and
(ii) in the case of shipment by courier, the time at which Customer acquires physical possession of the Products.
The terms for Delivery of the Products (or for simple fulfillment of Orders by Supplier, in the case of shipment by courier) set forth by Supplier on the Website, in the Order Confirmation or in any other communication (written and/or oral) for both methods regulated by this Article 3 shall be deemed to commence upon Supplier's actual receipt of full payment of the Order Amount (as defined below and inclusive of any ancillary and additional costs provided for in these GCSC) by the Customer, and, in any event, are not binding and constitute only an estimate; therefore, they shall be understood as indicative and non-binding for the Supplier and any failure to deliver on a specific date indicated by the Supplier shall not give rise to any liability on the Supplier’s part to the Customers.
In any case, subject to the occurrence of force majeure, the Supplier undertakes that the Delivery of the Products will take place within 30 days from the date of the Order.
3.2 In the case of Pre-Orders, the terms, if any, indicated by the Supplier on the Website, in the confirmation of the Pre-Order by e-mail or in any other communication (written and/or oral) for Delivery or, in the case of shipment by courier, for the processing of the Pre-Order shall be deemed to run from the Availability Date of the Products covered by the Pre-Order. In the event that it places a Pre-Order involving Products that can be pre-ordered with different Availability Dates, the Customer may choose, when placing the Pre-Order, to receive different Deliveries for the Products pre-ordered in relation to the relevant Availability Dates or to wait for all Products to become available so that the Pre-Order is processed by the Supplier and all Products are subject to a single Delivery. In consideration of the Availability Dates of the Products, Delivery may take place more than 30 days from the date of the Pre-Order.
3.3 SHIPMENT BY COURIER
3.3.1 Order shipping costs are quantified on an estimate basis at the time the Order is placed. Premi reserves the right to change the shipping cost estimate based on the actual weight and bulk of the Order. The Customer, by placing the Order, agrees in advance to pay any additional shipping costs.
3.4 PICKUP AT WAREHOUSE
3.4.1 As an alternative to shipping by courier, Customer may select the option of picking up the Products at Premi's warehouse at the following address: Logistico TiLog S.r.l., Via Domenico Ghidoni, 151, 25035 - Ospitaletto (BS), Italy (the “Warehouse”). In this case, Delivery will take place by making the Products available to the Customer at the Warehouse (Ex-Works Incoterms 2020).
3.4.2 The Products may only be picked up by the Customer following receipt of the notice of availability of the Products at the Warehouse every day from Monday to Friday from 08.00 to 12.30 and from 13.30 to 17.00. Any bills required by the courier for collection will be borne by the Customer. The Warehouse will only issue the transport document, while the invoice will be sent by e-mail and will be available for the Customer in his/her private area of the Website.
3.4.3 The Customer shall collect the Products no later than 15 days from the date of sending the notice of availability of the same to Warehouse. In the event of collection of the Products more than 15 days after the notice of availability of the same, the Customer may pick up the Products only upon payment of storage charges of €5.00 per day for each day of delay.
3.4.4 In any case, 30 days after the date of sending the notice of availability of the Products to the Warehouse without the Customer having proceeded to collect the same, the Supplier shall have the right to cancel the Order and:
(i) in the case of Orders for standard Products, will return to the Customer what has been paid for the purchase of the Products and will have the right to withhold as a penalty an amount equal to 15% of the value of the Order (excluding VAT), in addition to the storage costs as indicated in Article 3.4.3;
(ii) in the case of Orders involving customized Products as per Customer's instructions (by way of example and not limited to: customized cases and labels with Customer's logo, pumps with custom-cut draught, etc.), to withhold the entire Order Amount (as defined below), providing for the disposal of the Products not withdrawn within 45 days from the date of sending the notice of availability of the Products to the Warehouse.
3.4.5 In the event that the collection is made by a carrier dispatched by Customer, the Products will be delivered to the carrier furnished only with the transportation document; the preparation of any other travel documents required by the carrier shall be the sole responsibility of Customer or the carrier.
4. PRICE - PAYMENT - VAT, DUTIES AND CUSTOMS CHARGES.
4.1 The Products are invoiced by the Supplier according to the price indicated on the Website for each Product at the time the Order or Pre-Order is placed by the Customer (the “Price”). Supplier reserves the right to change the Price at any time, provided that such changes shall not apply to Orders or Pre-Orders already accepted by Supplier.
4.2 The Price does not include the costs of preparing and packing the Products, shipping costs (which can be calculated by the Customer using the appropriate functionality on the Website on the page displaying its “Shopping Cart”) and VAT.
4.3 The total consideration for the supply of the Products object of an Order or Pre-Order, including any shipping costs and preparation and packaging costs (the “Order Amount”), will be indicated in the “Shopping Cart” section.
4.4 In case of transfer of the Products for export to countries outside the EU, the Price will be understood to exclude VAT (which the user will eventually have to pay in the manner, timing and at the rate proper to the country of destination), charges and customs duties. In case of choice of delivery by courier, where the place of destination of the Products is other than Italy, the Supplier will not charge VAT. If the Customer chooses to pick up the Products at the Warehouse, Supplier will apply VAT at the Italian rate and, in the event of subsequent export of the Products outside the Italian territory, Supplier will reimburse the VAT applied only upon presentation by the Customer, within 90 days from the date of the transport document, of (i) proof of exportation (which must include a reference to the Order, the transport document or the invoice) and (ii) the transport document provided by Supplier at the time of Delivery, with date and stamp. If the Customer does not have a VAT number before placing Orders through the Website, he/she should contact Customer Service through the contact details available on the Website itself.
4.5 Payments must be made by one of the methods provided below:
- Credit Card (Visa and Mastercard Circuits)
- PayPal or other payment platforms (Apple Pay, Google Pay)
- Bank Transfer: in case of payment by bank transfer, the Supplier will indicate, in the Order or Pre-Order confirmation, the bank details to which the bank transfer should be made to.
4.6 Payment will be considered made only after the actual crediting of an amount corresponding to the Order Amount.
4.7 In the event that payment is not actually received by Supplier within 7 days of placing the Order or is received for an amount less than the Order Amount, the Order will be cancelled or suspended, at Supplier's option. In the event that the Order is suspended, the Products object of the Order will be made available for sale to other customers. Therefore, in such cases, the Supplier does not guarantee to the Customer the actual availability of the Products ordered and, in the event that the Products themselves are unavailable at the time the Supplier receives the late payment, the Customer shall wait for the actual availability of the Products originally ordered without this constituting a default on the part of the Supplier.
5. RESERVATION OF OWNERSHIP - RISKS
5.1 Ownership of the Products shall pass to the Customer only upon actual crediting to the Supplier of the Order Amount. In the case of Pre-Orders, ownership of the Pre-Ordered Products will pass to the Customer on the actual Availability Date of the Products, where payment of the Order Amount has been properly credited to the Supplier.
5.2 The risk on the Products shall pass to the Customer following Delivery and, therefore, from that time, the Customer shall bear all risks of loss of and damage to the Products.
6. WARRANTY
6.1 For the Products sold through the Website the Customer is granted the legal guarantee of conformity provided for in articles 128 et seq. of Italian Legislative Decree no. 206 of 06.09.2005 (the “Consumer Code”) and, therefore, the Supplier warrants that upon Delivery and for a period of twenty-four (24) months from the date of Delivery, the Products will conform to the technical specifications on the Website and be free from material and processing defects.
6.2 With respect to the “recommended” uses for each Product on the relevant Website page or product sheet, Supplier warrants only the conformity of the individual Products with respect to such recommended uses; however, in the event of the purchase of more than one Product in combination with each other, it shall be the sole responsibility of the Customer to verify that the combination of the more than one Product is compatible with the use to which it intends to put them. Customer further acknowledges and agrees that Customer shall be solely responsible for ensuring that the Products, as well as finished products incorporating Products, comply with applicable regulations.
6.3 It is understood that the drawings and images on the Website are a mere reference and cannot be understood as an absolute guarantee of the characteristics of the Products, which may differ slightly from them; therefore, any discrepancy found in the Products with respect to such drawings or images - wherever contained and/or shown - shall not be considered as a defect or discrepancy covered by the Supplier's warranty under this Article.
6.4 It is the sole responsibility of the Customer to provide for the cleaning and sterilization of the Products prior to filling.
6.5 The Customer warrants that the customized specifications communicated to the Supplier do not and will not infringe or violate any third-party rights and agrees to hold the Supplier harmless and indemnified against any third party claims relating to infringement of intellectual property rights arising from Products manufactured on the basis of customization requests received from the Customer.
6.6 Supplier's warranty on the Products is expressly excluded in the event of:
• modifications or alterations made by the Customer on the Products;
• misuse, improper custody of the Products (in particular, use after the expiration date and/or violation of instructions received from the Supplier regarding storage of Products filled with substances provided or not provided by the Customer).
• Customer's negligence or failure to store the Products;
• deterioration/logistics of the Products;
• claims made in a manner and timing that does not comply with the provisions of Article 7 below.
6.7 The warranty is also expressly excluded in the event of:
- discrepancies in the shade of the same color applied on accessories of different materials;
- lack of uniformity in wooden accessories;
- slight irregularities in the shapes of the bottles, deemed acceptable according to the AQLs commonly used in the industry.
6.8 To the fullest extent permitted by law, any warranty beyond what is set forth in these GCSC is excluded.
7. CHECKS UPON ARRIVAL - CLAIMS - RETURN OF PRODUCTS
7.1 All Products shall be examined and checked by the Customer upon collection of the Products or receipt of the same, in case of shipment by courier, in order to assess the integrity of the packaging. If any damage is detected in the packaging, the Customer shall immediately inform the carrier and the Supplier and accept the delivered package with reservation.
7.2 The Customer shall, under penalty of forfeiture, within fourteen (14) days after Delivery inform the Supplier in writing of any defect or discrepancy in the Products that is recognizable upon reasonable inspection (obvious defects and flaws), without prejudice to any claims against the carriers. If the Customer fails to comply with this obligation to notice, the shipment shall be deemed accepted by the Customer and the Supplier shall no longer be liable for defects and deformities in the Products delivered.
7.3 In the event that the Products delivered are non-conform or defective due to causes not attributable to the Customer and such defects and non-conformities are not recognizable upon reasonable inspection (“hidden” defects and faults), the Customer shall inform the Supplier, under penalty of forfeiture, within sixty (60) days after the discovery of the defect or non-conformity and shall take all necessary measures in order to limit harmful consequences that could be caused by such defects. Failing which, Supplier shall not be liable for any such hidden defects and faults.
7.4 In no event shall Supplier accept claims or be liable for any defects or non-conformity in the Products which become discoverable or are discovered after twenty-four (24) months from the date of Delivery. Actions for defects in the Products not maliciously concealed by Supplier may be brought by Customer within 26 (twenty-six) months after Delivery of the Products.
7.5 In the event that the Customer detects a defect or non-conformity of the Products delivered that falls under the Supplier's warranty pursuant to this Article 7, the Customer shall activate, within the terms indicated in Articles 7.2 for evident defects and 7.3 for “hidden” defects, the procedure for the return of the Products, by sending a specific return request by e-mail to the address provided in the “Contact Us” section of the Website and indicating in the same the Order number (provided in the Order confirmation e-mail) and first and last name used when placing the Order. Once the return request has been received, the Supplier will send the Customer a written confirmation of receipt of the request by e-mail and the Customer, within 10 days of receipt of such written confirmation, must return the defective Products - in the same condition in which they were received, unused and provided with the original packaging - to Premi's warehouse at Via Gera 16/18, 20060 Gessate (MI), together with the form attached to the e-mail confirming receipt of the request, duly completed. Where the Supplier formally recognizes the defect or non-conformity in the Products indicated by the Customer, it will reimburse the same for the cost of shipping the Products back; any customs charges will remain, however, on the Customer.
7.6 Only upon Supplier's actual receipt of the defective Products in accordance with the provisions of Article 7.5 above, where Supplier formally acknowledges the defect or non-conformity in the Products, Customer shall be entitled to have the Products repaired or replaced. The cost of transportation of the Products delivered for replacement or the repaired Products shall be borne by the Supplier.
7.7 If the repair is not possible or involves disproportionate costs for the Supplier, or in the other cases provided for in Article 130 of the Consumer Code, the Customer shall have the right to obtain a proportional reduction in the price or termination of the contract entered into with the Supplier.
7.8 The remedies provided in this article constitute the sole and exclusive remedies available to the Customer for defects or non-conformities of the Products.
7.9 It is specified that the timeframe for shipping to the Customer any documentation not on the Website (certificates of conformity, technical drawings, etc.) is a minimum of 15 days from the date of the Customer's request.
8. RIGHT OF WITHDRAWAL
8.1 Pursuant to Article 52 et seq. of the Consumer Code, the Consumer Customer has the right to withdraw from the contract entered into with the Supplier, without any penalty and without specifying the reason, within the term of 14 working days starting from the Delivery. The right of withdrawal must be exercised by activating the return procedure referred to in Article 7 above, within and with the application of the terms set forth in this Article 8.
8.2 The Customer shall not be able to exercise the right of withdrawal referred to in this article if the Products object of the Order have been customized at the Customer's indication, such as - merely by way of example and not exhaustively - pumps, as calibrated on the basis of the bottles jointly purchased by the Customer, screen-printed Products and/or samples ordered by the Customer, as well as in all other cases provided for in Article 59 of the Consumer Code.
8.3 Should the Customer exercise the right of withdrawal referred to in this Article 8, after activating the return procedure referred to in Article 7 above, he/she shall ship the Products to Premi's Warehouse within 14 days from the date of activation of the return procedure. All costs of returning the Products shall be borne by the Customer.
8.4 All Products must be returned in the same condition in which they were received, with their original packaging and any manuals and/or instruction booklets that are part of the package and original packaging. Premi will accept the returned Products reserving the right to ascertain that the same have been returned in the state of origin and with the original packaging, that they have not been used, admitting only the manipulation of the same in order to establish their nature, characteristics and operation; only in this case will provide, at the option of the Customer, the refund of the amount paid by the Customer consumer for the purchase of the Products, including any delivery costs, the exchange of the item or the recognition to the Customer of a store credit. Any refund of the total amount will be made using the same means of payment used by the Customer to place the Order, unless the Customer has expressly indicated a different means. The refund may be suspended by the Supplier until receipt of the Products.
9. LIABILITY
9.1 Except in cases of damage caused by Supplier's willful misconduct or gross negligence, death or personal injury, and all other cases in which Supplier's liability cannot be limited by law, Supplier's liability (arising out of or in connection with these GCSC and any Order, whether in contract or in tort, at law or in any other capacity and for any reason whatsoever, and/or arising out of Supplier's breach, failure or delay in performance of any obligation owed by Supplier under the GCSB or the Order and/or any defect in the Products) shall be limited to the consideration paid by Customer for the supply of the Products giving rise to such liability.
9.2 Without prejudice to Article 9.1 above, Supplier shall not be liable to Customer in any capacity whatsoever in contract or tort for any direct or indirect damages, including but not limited to damage to reputation, third party claims against Customer, indirect or consequential damages.
9.3 The Client agrees to indemnify and hold the Supplier harmless from and against all costs, expenses, indemnities, direct, indirect and consequential damages all of which include consequential damages, loss of profits, goodwill impairment, damages, claims, demands, legal and procedural costs and condemnations that the Supplier incurs as a result of direct or indirect violations of these GCSC.
10. FORCE MAJEURE
10.1 In any hypothesis integrating the fortuitous event or force majeure, the Supplier shall have the right to cancel the Order, suspend its execution or postpone the date of Delivery, without the Customer being able to claim any compensation for this reason, cancel its Order or entrust third parties with the execution of the Order.
In particular, force majeure or its equivalent shall be understood to mean all events beyond the Supplier's control and beyond the Supplier's will that objectively prevent the Supplier from Delivering the Products. By way of example and not exhaustive, the following are to be considered causes of force majeure: technical failures, suspension of the supply of electricity, water, natural gas or other fuels, strikes at the production plants - including third parties - where the Products are actually manufactured, sudden shortages and unavailability of raw materials, as well as transport strikes, delays in the arrival of ships, planes and means of transport of any kind, for any cause whatsoever; riots, riots wars or revolutions, which have occurred or are taking place in the countries where the Products are manufactured or in the countries which the same pass through from the place of production to the place of Delivery.
10.2 Following the occurrence of an event constituting a fortuitous event or force majeure, the Supplier will promptly inform the Customer and attempt to find a solution in consultation with the Customer. In the event that the event of force majeure makes the execution of the Order impossible or commercially and economically disadvantageous for a period of more than 6 (six) months, the Supplier shall be entitled to terminate the contract, without anything being due to the Customer in any respect.
11. CONFIDENTIALITY
11.1 The Customer undertakes, for the entire duration of its business relationship with the Supplier and in any event for a period of 5 (five) years from the date of Delivery of the last Order, to keep strictly confidential any information of any kind provided verbally, in writing or in any other form, of which it has become aware during the negotiation and execution of Orders for Products.
11.2 The obligation of confidentiality does not extend to information that is in the public domain or has become so for reasons other than the Customer's breach of confidentiality obligations, that has been lawfully disclosed by a third party, and to the extent that the Customer is required to disclose it by virtue of a provision of law or an administrative or judicial order.
12. INTELLECTUAL PROPERTY - INDEMNIFICATION
12.1 The Supplier does not transfer to the Customer any know-how or intellectual property rights in relation to Products customized for the Customer.
12.2 The Customer may customize Products by inserting any message and/or image of its liking, provided that such messages/images:
- are not contrary to laws in force in Italy, in the country of residence of the Customer or in the country of destination of the Products;
- are not contrary to public order and/or morality;
- are not contrary to decorum and/or morals;
- do not have content relating to racial, sexual, religious discrimination.
- do not violate intellectual and/or industrial property rights of third parties.
In particular, it is forbidden for the Client to reproduce figurative or denominative trademarks, ornamental patterns, graphic signs, protected by the private property rights of third parties.
12.3 The Customer shall indemnify and hold the Supplier harmless against losses, costs, claims and expenses, including legal fees, relating to claims, proceedings and disputes that may be brought by third parties about alleged violations of their right (in particular, for violations of intellectual property rights) in connection with Products manufactured by the Supplier in accordance with the customization specifications provided by the Customer, and otherwise in connection with violations of this Article 12 committed by the Customer.
12.4 Unless prohibited by the Customer in writing, regardless of the existence of any intellectual property rights reserved for the Customer and relating to finished products incorporating Products and/or relating to part of the components of such finished Products, the Supplier may exhibit at all public events such as, without limitation, trade fairs, demonstrations, exhibitions, and/or in commercial and advertising documents, the Customer's finished products incorporating Products and/or Products manufactured for the Customer. The display of Customer's finished products shall be strictly functional and intended for the promotion of Supplier's Products.
13. PROCESSING OF PERSONAL DATA
The Customer's personal data will be processed in accordance with Regulation (EU)2016/679 in accordance with the Privacy Policies published on the Website.
14. APPLICABLE LAW - JURISDICTION - ONLINE DISPUTE RESOLUTION
14.1 The GCSC, Orders issued and contracts entered into under these GCSC are governed by and shall be construed in accordance with Italian law.
14.2 Any dispute arising from and/or related to a contract concluded pursuant to these GCSC (including, without limitation, disputes relating to non-contractual or tort liability) shall be referred to the competent court based on the place of residence or domicile of the Customer, if located in Italy, or, in other cases and within the limits of the applicable law, of the court of Milan. Alternatively, the Client may access the platform made available by the European Commission for the out-of-court settlement of disputes through the following link: http://ec.europa.eu/odr.
These General Terms and Conditions of Sale Consumer were last updated on: 01/05/2024
Pursuant to and for the purposes of Articles 1341-1342 of the Italian Civil Code the Customer expressly and separately accepts the provisions contained in articles: 3 (DELIVERIES), 5 (RESERVATION OF OWNERSHIP-RISKS), 6 (WARRANTY), 7 (INSPECTIONS UPON ARRIVAL-CLAIMS-RETURN OF PRODUCTS), 9 (LIABILITY), 11 (CONFIDENTIALITY), 12 (INTELLECTUAL PROPERTY-MANLEAGUE), and 14 (GOVERNING LAW-JURISDICTION- ONLINE DISPUTE RESOLUTION).