TERMS OF SALE
SCOPE OF APPLICATION
Salvo diverso accordo scritto tra le Parti, ogni offerta, proposta, ordine d’acquisto, conferma d’ordine e contratto stipulato con il Cliente da Comestero Sistemi S.p.A. (di seguiti, Comestero) è regolato dalle presenti Condizioni Generali di Vendita e sostituiscono le versioni contenute in precedenti cataloghi, nonché qualsiasi altro accordo raggiunto tra le parti, salvo quanto eventualmente concordato per iscritto e con espresso riferimento alle presenti condizioni generali di vendita, derogandone il contenuto, su carta intestata di Comestero debitamente sottoscritto da un legale rappresentante della stessa. E’ esclusa l’applicabilità delle condizioni generali di acquisto del Cliente.
Le presenti condizioni generali di vendita sono aggiornate a Giugno 2021. Comestero si riserva, tuttavia, il diritto di modificarne i contenuti, di tanto in tanto, a propria esclusiva discrezione. La versione più aggiornata delle stesse sarà in ogni caso pubblicata sul sito web comestero.shop.
Le presenti condizioni generali di vendita non si applicano alle esportazioni di prodotti o di articoli al di fuori del territorio italiano, per le quali sono previste differenti condizioni contrattuali. Peraltro, nel caso in cui i prodotti o articoli forniti al cliente in Italia siano da questi successivamente esportati, sarà responsabilità del cliente ottenere, a proprie spese, tutte le licenze ed autorizzazioni necessarie, conformandosi altresì alle norme relative all’esportazione tra l’Italia ed il paese di destinazione, con particolare riferimento alle norme per l’esportazione di prodotti ad alta tecnologia.
DOCUMENTS – PRICE LIST
- Unless otherwise indicated as regards the orders transmitted online, Comestero’s acceptance may also take place through direct execution of the orders, without the need for a prior formal acceptance of the order.
- The information and data indicated in the catalogs, brochures, price lists and any other Comestero information documentation (hereinafter, Documentation) must be considered purely indicative and subject to change at any time and will not form part of the contract between Comestero and the customer. , unless Comestero has expressly confirmed them in writing at the conclusion of the contract.
- It is expressly forbidden for the Customer to reproduce, by any means, the Documentation and to disclose its contents to third parties.
- The prices of the products and services will be those indicated in the relevant Order Confirmation. These prices are exclusive of VAT, which will be applied at the rate in effect on the invoice date, and (i) any other tax or tax that may be applicable, (ii) packaging costs, (iii) shipping and transport costs.
- The delivery terms, where agreed, are purely indicative. Any delays in delivery do not give the right, except in the case of willful misconduct or gross negligence by Comestero, to terminate the contract and compensation for any damages, direct or indirect.
- The Products are sold “Ex-works”. Unless otherwise agreed in writing between the Parties, the delivery conditions are shown at the following Internet address comestero.shop under the label “Services” in the “Deliveries and Returns” section, unless otherwise specifically requested by the customer and agreed with Comestero.
- However, it is understood that the delivery terms must be understood as non-essential. Comestero reserves the right to change the shipping cost, customers are required to check the relative amounts on the website under the “Customer Care” label in the “Deliveries and Returns” section.
- If Comestero expects not to be able to comply with the delivery terms indicated, without this entailing any responsibility towards the customer, it will communicate the new delivery conditions of the item to the same, who will have to confirm the order, as amended, within 3 (three) days of Comestero’s communication.
- Unless otherwise agreed, delivery will be made to the address that the customer has specified in the order.
- The Customer is required, under penalty of forfeiture, to check the integrity of the packaging and the quantity of the products upon receipt, formulating the appropriate reservations in writing to the carrier and immediately informing Comestero. The Customer will in any case be required, even in the event of a dispute, to receive the delivered products and to keep them with the utmost diligence.
- Any and all liability of Comestero for damage or loss of the Products occurring during transport is expressly excluded; therefore, the relative risk will be borne exclusively by the Customer. The ownership of the goods passes to the customer when the goods are delivered to the carrier for delivery at the customer’s home or at the address indicated by the customer at the time of the order. The goods travel in any case at the risk and peril of the customer, it being agreed that each shipment is carried out for the specific assignment and account of the customer and that, therefore, Comestero is exempt from any liability with the delivery of the same to the carrier or to the customer in the event in which the latter decides to collect the goods personally or through his own representative.
TERMS OF PAYMENT
- Payments can be made in the following ways (comestero.shop label “Services” section “Payments”)
- By bank transfer: PBER BANCA– Filiale di Vimercate (MB) Via Bice Cremagnani 20/A – IBAN: IT 97 C 05387 34070 000042538832 (euro)
- With credit card. Through PayPal Pro service
- In case of non-payment by the Customer of amounts from the same, within the agreed terms, Comestero will be entitled to
- suspend the execution of the related contract and / or any other contracts in place with the Customer, including any warranty obligations.
- reimbursement of expenses incurred for the recovery of sums not promptly paid by the Customer;
- compensation for any further damage.
- Payments must be made in Euros; other currencies may be agreed in writing between the parties, within the limits permitted by law.
WARRANTY AND RETURNS
- In relation to products manufactured or supplied by third parties, Comestero will be liable to the Customer for any defects of the same, exclusively within the limits of the warranty rights that Comestero itself has against such manufacturers or suppliers.
- In relation to products assembled on behalf of Comestero, Comestero guarantees that, at the time of shipment, they comply with the technical specifications that may be indicated in the relevant Order Confirmation and are free from defects. In any case, this warranty for defects will have a maximum validity of 1 year from the date of shipment of the products themselves.
- Any obvious defect of the products must be reported by the Customer in writing, under penalty of forfeiture, within 8 (eight) days of receipt of the products. Any hidden defects of the products must be reported by the Customer in writing, under penalty of forfeiture, within 8 (eight) days of their discovery.
- The warranty for defects provided by Comestero will cease to have effect in all cases in which:
- the Customer or third parties carry out, without the prior written consent of Comestero, repairs or modifications to the products supplied by the same;
- the Customer or third parties alter or misuse the products;
- the Customer does not allow Comestero or third parties appointed by them to carry out all reasonable checks on products declared to be defective;
- the Customer does not promptly return the defective products to Comestero when requested by the same.
- With the written authorization of Comestero, defective or non-compliant products may be returned by the Customer by sending them to the Comestero headquarters, at the expense of Comestero. In this case, the returned products must be accompanied by the return authorization form specifically issued by Comestero as well as by a specific description of the products themselves and the defects found with the indication of the identification number of the products as well as the number and date of the relative invoice. of sale.
- In the event that Comestero, following a specific check on the returned products, has ascertained the existence of the defects complained of and the validity of the guarantee, it will at its sole choice: repair the products at their own expense, or replace the defective products.
It is specified that the repair or replacement of defective products represent the only remedies available in relation to the warranty obligations set forth herein.
CANCELLATION OF ORDERS
- Orders placed with credit card payment that cannot be completely fulfilled on the basis of warehouse stocks will be partially canceled and the relative sums refunded. Furthermore, Comestero reserves the right not to accept or cancel any orders, regardless of whether the payment has been received or not, by notifying the customer by telephone or e-mail within 48 (forty-eight) hours (excluding Saturdays). and holidays) from receipt of the order. In the event that Comestero does not accept or cancel an order for which payment has already been made, Comestero will promptly refund the full amount received, according to the methods that will be indicated to Comestero by the customer for this purpose.
- In the event that the execution of orders by Comestero is hindered or prevented by force majeure or unforeseeable circumstances, or by the impossibility of procuring the services, materials or items necessary for the fulfillment of the order, if not to higher prices, Comestero may delay the fulfillment of the order and, in this case, communicate the delay to the customer; the latter, within 3 (three) days of receiving the communication from Comestero, will have the right to cancel the order in whole or in part. In none of the aforementioned cases, Comestero can be held responsible for the delay, cancellation or impossibility of making the delivery.
- If the products must be assembled with, connected to or in any case connected to third party components and / or incorporated in products marketed by the Customer and / or by third parties (final products), it will be the sole responsibility of the latter to verify the compatibility of the products themselves with these components and / or final products. In particular, it will be the sole responsibility of the Customer to specify in the relative Order the country of destination of the final products. Otherwise, the Customer will be solely responsible for any discrepancy of the products with respect to the rules applicable in the relative countries of destination of the final products, including but not limited to those relating to quality, hygiene, safety and protection of environment.
- Comestero reserves the right to discontinue the offer of any product, or to make changes to the specifications of the products or articles, at any time, even without notice and without having to justify this decision. Comestero recommends customers to check the dimensions and other data relating to the products published in the Catalog or on the virtual showcase of the shop site, as well as their future availability, before using them for particularly important uses.
COUNTRY OF ORIGIN
Unless otherwise communicated in writing to the customer, the information contained in the Catalog does not constitute, nor should it be understood, as a declaration of the country of origin, preferential origin, processing, production or assembly of the products or any part of them.
COPYRIGHT AND PATENTS
Comestero warns the customer that the items presented in the Catalog or on the website (comestero.shop) may be the subject of a patent, trademark, copyright or other industrial or intellectual property rights owned by Comestero or third parties. Comestero is the owner of the copyright relating to the Catalog, which may not be reproduced in whole or in part, without the prior written consent of Comestero.
The Customer declares and expressly acknowledges that the responsibility for the products sold by Comestero lies exclusively with the producer or manufacturer of the same. In the event that the Customer and / or his successor in title has been declared liable for damages resulting from products sold by Comestero, the Customer renounces as of now the right of recourse against Comestero provided for by art. 131 Legislative Decree. 6/9/2005 n. 206. If the Customer puts the products into circulation outside the European Union, he will be required to exclude from his customers any liability for damages that may arise from the products, within the limits permitted by the laws applicable from time to time in the relative countries of destination. . Otherwise, the Customer will be required to indemnify and hold Comestero harmless from any product liability that may derive from it. Having said this and in the event of a Customer’s request, Comestero will have the right, at its discretion, to replace the products, it being understood that all costs relating to the recall and return to Comestero of the products to be replaced will be borne by the Customer, as well as to the shipment and delivery of new products.
The Customer declares to have read the information pursuant to art. 13 of EU Reg. 679/2016, published on the website www.comestero.shop and to have taken note of the rights referred to in Articles 16, 17, 18, 19, 20, 21 and 22 of the same Regulation. By signing these general conditions of sale, the Customer agrees to the processing of his personal data in compliance with the aforementioned regulations, for the purposes and in the manner indicated in the Comestero information.
- The Customer elects domicile at the address indicated at the bottom of these general conditions of sale. The Customer will be required to notify Comestero in writing of any changes to the elected domicile. Failing this, the communications and deliveries made by Comestero to the Customer will be considered validly carried out at the elected domicile, known to Comestero.
- The invalidity or ineffectiveness of individual clauses of each contract or of these general conditions of sale will not result in the invalidity or ineffectiveness of the related contract or other provisions contained in these general conditions of sale.
- Any exception to these general conditions of sale must be made in writing and by mutual agreement between the Parties and its validity and effectiveness will, in any case, be limited to the specific contract for which it was agreed.
- The contracts stipulated with the Customer and these general conditions of sale are governed by Italian law.
- For any dispute relating to the interpretation, execution, validity or effectiveness of any contract and / or these General Conditions of Sale, the Court of Monza will be exclusively competent.