Art. 1 - GENERAL PROVISIONS AND DEFINITIONS
1.1 These general conditions of sale regulate the relationships for the sale of all goods between RISTOFAST SRL and its customers.
1.2 Contractual relationships are governed by these general conditions of sale. For issues not expressly resolved by them, reference will be made to the Italian regulations and laws in force.
1.3 Any modification and/or derogation from these conditions, for their validity, must be stipulated or communicated in writing.
1.4 These conditions replace and cancel any previous agreement existing between the parties.
1.5 For the purposes of these conditions, the terms indicated below will have the following meaning. Offer: indicates the document compiled by RISTOFAST SRL and sent to the customer, including his/her data, the code and description of the product, validity of the offer, any additional services and/or ancillary goods that make up the supply, the consideration , expected delivery times and payment methods. The offer must necessarily be accepted by Ristofast which will send confirmation of the order received. Order Confirmation: is the document sent by RISTOFAST SRL to the customer for acceptance of the order received with any differences in terms of quantity, price, delivery times, payment methods for the supply compared to the initial offer. Attachments to the offer/order confirmation: indicate the documents in which specific aspects of the supply are contemplated and regulated. This document, if present, constitutes, together with the offer/order confirmation and general conditions of sale, an integral and substantial part of the supply contract.
Art. 2 – DEFINITION OF THE SUPPLY CONTRACT
2.1 RISTOFAST SRL's offer does not represent a restriction or commitment for the same as regards price, quantity, deadline and possibility of delivery. The definitive purchase contract is confirmed by the order confirmation sent by RISTOFAST SRL.
2.2 If the customer, once the order has been confirmed (Order Confirmation), requests variations in the quantity and/or quality of the supply, these will be subject to re-negotiation and in the event of failure to reach an agreement the parties will remain bound to the original order.
2.3 The material (documents, technical data sheets, projects, drawings, etc.) possibly accompanying the supply and not the specific object of the supply itself is the exclusive property of RISTOFAST SRL and cannot be used by the customer for purposes other than those for which has been provided and must not be duplicated or made accessible to third parties without prior written authorization from RISTOFAST SRL.
2.4 The parties agree that, if the products supplied present discrepancies with the technical specifications of the manufacturer of RISTOFAST SRL, RISTOFAST SRL cannot be held responsible for such discrepancies. Such discrepancies must be documented in writing and made known to RISTOFAST SRL within 8 (eight) days of discovery of the complained discrepancies; RISTOFAST SRL will quickly clarify with the manufacturer of the equipment and satisfy the customer regarding the functionality of the products. Responsibility for the product and equipment remains with the manufacturer of RISTOFAST SRL who must supply the product in accordance with current European Community laws. RISTOFAST SRL is not responsible for damage caused by carelessness or incompetence in handling or bad faith on the part of the buyer, nor if the goods themselves have been subjected to repairs, changes or work.
Art. 3 – DELIVERY AND SHIPPING
3.1 Delivery of the supply is to be considered at the RISTOFAST SRL warehouses or at the destination indicated by the customer in the offer and order confirmation. In shipments with affiliated couriers or other carriers, the goods and products travel with the responsibility entirely borne by the customer and are guaranteed by the general conditions of the carrier. The customer is required to verify the integrity of the packages and their correspondence with the quantities indicated in the accompanying document. The average shipping times are, depending on the distance, between 2 and 5 working days from the moment of delivery to the courier to arrival at the destination. The delivery of goods and products is always to be understood at street level. In the case of areas not served by affiliated couriers, RISTOFAST SRL reserves the right not to carry out such shipments.
3.2 Any anomalies in the packaging (cuts, breakages, damaged or tampered packages, lack of seals, etc.) or discrepancies in the quantity of packages must be promptly reported to the courier with the words "accepted subject to verification and control for damaged packaging" . Send photos of the packaging on all four sides via email. Any anomalies in the quantities or contents of the shipment must be reported exclusively in writing (fax, PEC or registered mail) upon receipt of the goods. After this deadline, RISTOFAST SRL will not consider any reports in this regard.
3.3 The delivery terms are given for indicative purposes only, in particular, RISTOFAST SRL is exempted from the delivery obligation if due to force majeure or other events the production or supply is prevented, such as for example due to lack of of raw materials, import difficulties, strikes, holiday periods, insurrections, earthquakes, etc. Consequently, RISTOFAST SRL accepts every order without obligation of actual delivery and without any responsibility for it. RISTOFAST SRL reserves the right to make split deliveries, at different times, even in relation to the same order.
3.4 Any delays in preparing shipments will be promptly reported to the customer, while any delays due to causes of force majeure referred to in the following art. will not be considered attributable to RISTOFAST SRL. 12 or to defaults and/or omissions by the customer.
3.5 If for any reason attributable to RISTOFAST SRL the delay in delivery of the Product exceeds 5 weeks and this has not been communicated in writing by RISTOFAST SRL to the customer, the customer will have the right to terminate immediately pursuant to art. 1456 cc the supply contract relating to the order in question.
3.6 The customer undertakes to take delivery of the product ordered as soon as possible as soon as it is made available in the intended place, assuming any expenses and indemnities provided by the courier relating to delays in taking delivery of the supply. If 7 days have passed. from the notice that the goods are ready, the customer does not collect them, the expected payment terms will still start.
3.7 The customer also waives the possibility of demanding from RISTOFAST SRL the payment of penalties, refunds or various compensations, in the event of failure or delay in delivery of the product compared to the dates indicated in the order confirmation.
3.8 In derogation of the art. 1464 cc in the event that the products are no longer easily available on the market, the customer renounces the right to withdraw from the Contract and the customer's obligation to make payment within the expected terms of deliveries for what has already been carried out will remain, without the right to a reduction of price or compensation for damages of any kind.
3.9 Returns of goods that may become necessary must be authorized by RISTOFAST SRL which will take charge of them only if they are sent carriage paid and on the condition of being able to verify the validity or otherwise of the dispute before definitively accepting them. Even if the complaint is accepted, the liability of RISTOFAST SRL does not exceed the value of the goods supplied, excluding any other type of compensation for whatever reason it is claimed. Product replacements will be accepted only after sending the duly completed RMA (Return Merchandise Authorization) form and subsequent authorization from RISTOFAST SRL to send the returned goods. Page 2 / 3
3.10 Shipping costs. Shipping costs are determined in the Cart depending on the weight/volume required by the added products. For orders over €250.00, shipping is free unless it is a shipment to abroad or to islands, for items with dimensions equal to or greater than 2 meters, including packaging, and for glass products There is a contribution fee for transport costs, to be calculated when confirming the order.
3.11 Ristofast srl informs that any stocks or postponed deliveries not attributable to the same will be borne by the recipient. The additional costs will be communicated by the RISTOFAST SRL operators and the customer will undertake to pay in order to avoid further delays or even suspensions of deliveries.
3.12 Previously confirmed transport cancellation: in the case of cancellation without at least 72 hours' notice of the service, the latter will be charged a penalty amount, considered fair from now on by the carrier, equal to the total transport fee. Once the transport contract has been confirmed, the customer cannot cancel it except with a written communication which must be received no later than 72 hours before loading. In the absence of such communication, a penalty equal to 100% of the total amount will be applied.
Art. 4 - RETENTION OF OWNERSHIP
4.1 Ownership of the supply remains with RISTOFAST SRL until full payment of the fees referred to in the following article (Legislative Decree 231/02) and anything else due. The retention of title also applies until all payment documents have been successful.
4.2 Failure by the customer to pay, in whole or in part, the fees indicated in the contract will give RISTOFAST SRL, in accordance with the law, the right to regain possession of the product supplied, without prejudice to any further rights it may have. The goods are sold with an express agreement of retention of title in favor of RISTOFAST SRL (Legislative Decree 231/02) (art. 1523 - 1526 cc). The goods sold therefore remain the property of RISTOFAST SRL until full payment of the agreed price and additional costs. RISTOFAST SRL may also register the goods sold in the appropriate registers at the competent Court at the buyer's expense. The contracting parties agree that non-payment or delay of even a single instalment, the seizure or seizure of the goods in a place other than that of delivery of the same, as well as even partial failure to comply with the agreements made herein are considered as "important facts" pursuant to art. 1455 cc In the event of non-fulfilment of the contractual conditions by the buyer, RISTOFAST SRL may demand the immediate payment of the outstanding amounts or the collection of the installments already paid and the seizure of the goods by legal means, wherever the goods themselves are located. The claims according to the art. remain. 1526 cc The buyer is therefore simply the custodian of the goods sold to him with a retention of title agreement: consequently there is also a prohibition on selling the goods, lending them as a loan or pledge or using them as collateral with third parties. Before any seizure or seizure, the customer/purchaser has the obligation to inform the bailiff of the fact that there is a reservation of title, agreed upon herein, as well as to inform the selling company of these facts within 24 hours. The buyer is not allowed to transfer the goods elsewhere.
Art. 5 - FEES
5.1 As consideration for the supply of the product and the supply of any additional services and/or goods, the customer will pay RISTOFAST SRL the fees indicated in the offer/order confirmation of RISTOFAST SRL. In the case of advance payments or with formulas that provide for the payment of an advance deposit to be considered as a confirmation, the supply can only be carried out upon receipt of the agreed payment.
5.2 The fees do not include the VAT rate in force or foreseen for the product, insurance and transport costs, nor anything not expressly provided for in the contract.
5.3 Payments must be made within the terms set out in the invoice or order confirmation, without deductions. Different payment methods or terms must appear on the invoice and/or order confirmation to be valid. Payments made using other methods or to persons without a specific written authorization for collection do not exonerate the buyer, who must in any case examine the collection power of attorney. Any payment discount lapses if it does not occur within the agreed terms; a tolerance of 5 days is allowed. The interest rate agreed in the conditions of sale for deferred payments is adjusted to any increase in the rate for quarterly interbank deposits. After eight days from the expiry date, the selling company has the right to issue a demand draft. On delayed payments, interest will start from the due date at the default rate established for commercial payments published by the Ministry of Economy and Finance, without the buyer being able, for this reason, to acquire the right to further extensions. Any sums placed in this regard are debited with an invoice whose amount is immediately due even if a longer payment term has been agreed for the supply of goods. If payment in installments has been agreed upon, late payment of even a single installment invalidates the right to any discount or concession and makes the entire uncovered sum immediately payable. In the event of a change in the patrimonial or financial situation of the buyer, RISTOFAST SRL reserves, at its sole discretion, the right to suspend current supplies or to require adequate guarantees. Bank bills and authorized drafts issued by the buyer are to be considered as a simple installment payment and can never constitute a novation. Payments cannot be suspended for any reason. If there are any complaints, the "solve et repete" clause expressly accepted by the customer must be applied. If the customer does not pay one or more installments or does not fulfill even partially the accepted obligations, RISTOFAST SRL is authorized: o To consider the contract terminated "ipso iure"; o To immediately demand full payment for the goods sold and o To demand immediate payment for all goods supplied for which payment is still to be made.
5.4 RISTOFAST SRL reserves the right to refuse to follow up on the supply of the product if the customer has previously been in default, if he is registered in the protest register or subject to enforcement procedures, if he presents a request or is subject to insolvency proceedings in his capacity of the owner of the company or legal representative of the company, for organizational reasons or for any other reason in which it is not convenient to conclude the supply contract.
5.5 In case of late payment to RISTOFAST SRL, without the need for prior formal notice and without prejudice to any other different right, the interest referred to in Legislative Decree no. will be applied. 231/2002, determined to the extent provided for by the aforementioned Legislative Decree.
5.6 In any case, the possibility for the customer to suspend, in whole or in part, the payment of the agreed fees due to alleged breaches of RISTOFAST SRL is excluded.
Art. 6 - PRICES AND LISTS
6.1 Prices: The selling company applies the prices valid at the time of delivery of the goods sold, according to the internal price list which the buyer can view at any time.
Despite our best efforts, we cannot exclude that for a small part of the millions of products in our catalog a price different from the actual one is indicated by mistake. In any case, we will check the correctness of the prices of the products during the order verification process and subsequent shipment of the products. If, due to misunderstandings or other inconveniences, the price indicated on the site is lower than the correct selling price of a product, we will contact you to verify whether you still wish to purchase the product at the correct price. Otherwise your order cannot be accepted. If the correct price of a product is lower than that indicated on the site, we will charge you only the lower correct price and will still ship the product to you.
Art. 7- CONFIDENTIALITY CLAUSE
7.1 The parties undertake to keep confidential and therefore not to disclose or transmit to third parties, even after the termination of existing relationships between the parties, all "Confidential Information" of which they have become aware during the own relationships. "Confidential Information" means all information of any nature relating to the object of the collaboration between the parties, which they will exchange in any form (oral, written, electronic, graphic, demonstrative, by way of example, etc. )
Art. 8 - RESPONSIBILITY
8.1 It is understood between the parties that RISTOFAST SRL, as distributor of the product, does not assume any obligations beyond those provided for in these general conditions.
8.2 Except as mandatorily provided by law, RISTOFAST SRL assumes no responsibility for damages of any nature suffered by the customer in relation to the supplies covered by these general conditions and better specified in the order or order confirmation.
8.3 In any case RISTOFAST SRL is in no way responsible for damages due to causes beyond its control or in any case attributable to negligence in the customer's work, due to or depending on the products supplied, for hidden defects, for manufacturing defects or material and/or lack of essential requirements and is deemed unharmed and held harmless from any request for compensation or compensation made by third parties against the customer and from any prejudicial consequence that may arise.
Art. 9 - CHANGES IN THE CONDITIONS OF SALE
9.1 . RISTOFAST SRL reserves the right to unilaterally vary and modify the conditions of sale indicated in this document at any time by simply sending a communication to the customer.
9.2 Such changes will come into force immediately.
Art. 10 - WARRANTY
10.1 RISTOFAST SRL guarantees that the products supplied are free from defects in materials and workmanship under normal application, installation, use and service conditions.
10.2 Any apparent or hidden defects concerning the products supplied must be communicated to RISTOFAST SRL in writing within 3 days from the date of receipt of the same, indicating the defect or anomaly found. The Customer is required to check the goods and their functioning within 5 days of delivery and keep the original packaging for 15 days from receipt of the goods. Any defects already present upon delivery of the material must be communicated to RISTOFAST SRL within 5 days of receipt of the same via e-mail to info@ristofast.com, indicating the item code, details and photographs of the serial number and of the defect found.
10.3 RISTOFAST SRL may at its sole discretion: replace the defective product with a similar product, or at no cost to the Customer, send the spare parts necessary to restore the conformity of the product. The labor costs necessary for the diagnosis and restoration of the product will remain the responsibility of the end customer who will have to make use of his own trusted local technicians.
10.4 It is understood that any complaints or disputes will not give the customer the right to suspend or in any case delay payments for the disputed products, nor, much less, for other supplies.
10.5 If the complaint regarding faults, defects or malfunctions is not identifiable or found, RISTOFAST SRL will ask the customer for compensation for all expert and ancillary expenses possibly incurred for the verification of the Products in question.
10.6 In any case, the guarantee does not apply if the product supplied by RISTOFAST SRL has been tampered with and/or unauthorized modifications, removal of the seals or serial numbers on the product, or the defects are deriving from improper use, incorrect installation and/or handling , failure to comply with the manufacturer's instructions by the customer, its personnel and/or third parties appointed by the same.
10.7 All component parts of the equipment, generally defined as perishable material, enjoy a 12-month warranty for sales to reseller customers. The warranty specifies that it refers to the components of the products/equipment for sale to resellers and refers to the replacement of spare parts. The goods under warranty must be returned by the Customer in the original properly sealed packaging, complete in all its parts. Spare parts will be shipped freight collect. The parts replaced under warranty will in any case be invoiced and upon receipt of the defective parts, returned to RISTOFAST SRL carriage paid, an appropriate verification will be carried out to issue the credit note, the guarantee does not include the replacement of the equipment. The purchaser, to the exclusion of any liability of RISTOFAST SRL, bears total responsibility for the correct and appropriate use of the machine. In particular, the buyer is responsible for checking its efficiency and, in particular, verifying the existence of all the requirements established by the accident prevention legislation and compliance with all the regulatory and legal provisions applicable for the use of the machinery. .
10.8 No damages can be requested from RISTOFAST SRL for any delays in carrying out repairs or replacements. If the reported defect does not result in a lack of conformity pursuant to art. 129 d. Legislative Decree 206/2005, the Customer will be charged for verification, restoration and transport costs, if supported by RISTOFAST SRL.
10.9 RISTOFAST SRL does not assume responsibility in the event of incorrect installation or improper use of the products.
10.10 It is absolutely necessary that the assembly and/or connection of our equipment is carried out exclusively by qualified personnel. The invoice relating to the assembly and/or connection work carried out by qualified personnel must be kept for the entire warranty period, as it is decisive for the purposes of exercising the warranty right by the customer.
10.11 Direct or indirect damage caused by errors or discrepancies in the installation or incorrect use of the machine, damage from hard or ferruginous water, carelessness or inability of the user, irregular voltages of the electrical lines, insufficient pressure or impurities in the water or gas systems, from the malfunctioning of the extraction systems, or due to fortuitous circumstances or force majeure or intervention by an unauthorized third party.
10.12 The warranty does not cover components subject to wear and tear, such as but not limited to gaskets, wheels, lamps, buttons, glass, knobs.
10.13 The manufacturer may at its sole discretion request the sending of the equipment to the operational headquarters to carry out any assessments and/or repairs. No damage may be requested from RISTOFAST SRL for any delays in carrying out repairs or replacements by the manufacturer.
10.14 Shipping costs for sending spare parts under warranty or returns of equipment under repair to and from foreign countries must be borne entirely by the end user.
Art. 11 - TAX CHARGES
11.1 Any tax, duty or contribution imposed on the contract, supply or fees, with the exception of taxes due by RISTOFAST SRL, will be borne by the customer.
Art. 12 – FORCE MAJEURE
12.1 RISTOFAST SRL will not be responsible for failure to fulfill contractual obligations if this is due to an event (for example, fires, earthquakes, catastrophes, strikes, production blocks and delays in deliveries by suppliers) beyond its control or not foreseeable at the date of definition of the Supply Contract.
12.2 If the impediment continues to exist for a period exceeding 30 working days, the party unable to comply may terminate the supply contract by written communication to the other party, who will not be able to claim any compensation for damages or other contractual sanctions.
Art. 13 – PROTECTION OF PERSONAL DATA
13.1 Pursuant to and for the purposes of art. 13 of Legislative Decree 196/03, the customer declares to have been informed of the subjects and the methods and purposes of the processing of their data and to be aware of the rights referred to in the art. 7 of Legislative Decree 196/03.
13.2 By signing this document, the customer also expresses consent for RISTOFAST SRL to acquire, conserve, use and "process" the data it comes into possession of for promotional, commercial, accounting and tax purposes connected to the commercial and contractual relationships between the set off. The customer also authorizes RISTOFAST SRL to transmit their data to qualified third parties, for legal and/or contractual obligations connected to and/or deriving from the existing relationship with RISTOFAST SRL.
13.3 Pursuant to art. 13, Legislative Decree 30/06/2003 n. 196, regarding the protection of people and other subjects, RISTOFAST SRL processes the personal data provided by Customers, Partners, Suppliers and Third Parties with the utmost professionalism and in full compliance with the confidentiality provided for by Legislative Decree No. 196.
13.4 The customer has the right to obtain the updating, rectification, integration, cancellation, transformation into anonymous form or blocking of data processed in violation of the law. The interested party has the right to object, in whole or in part, for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection, and without reason to the processing that concerns him for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication. The rights in question can be exercised, also through a person in charge, by means of a request addressed to the Privacy Manager in charge at RISTOFAST SRL by sending a registered letter to the registered office or by certified email.
13.5 The processing may be carried out with or without the aid of electronic or automated means and will include all the operations provided for in the art. 4 paragraph 1, letter a, Legislative Decree 30 June 2003 n. 196 and necessary for the processing in question. However, the processing will be carried out in compliance with all appropriate measures to guarantee security and confidentiality.
ART. 14 – MISCELLANEOUS
14.1 Communications. All communications indicated in these general conditions are intended for RISTOFAST SRL to be those published in its documents and on its websites, for the customer to those provided by the same or resulting from public certificates or surveys. The goods delivery address is that of the customer's headquarters or the one communicated subsequently by the same to RISTOFAST SRL. Communications are considered to be made in writing by fax, certified email or registered mail
14.2 Assignment of credits. RISTOFAST SRL reserves the right to assign the credits deriving from the contractual exercise to third parties; the customer, pursuant to art. 1407 cc gives its consent from now on.
14.3 Partial validity. Any provisions deemed invalid or ineffective will not invalidate the remaining part of the contract.
14.4 Jurisdiction. All disputes relating to the relationships between the parties, or regarding the supply contract, including those relating to its execution and/or interpretation and/or application, even originating from extra-contractual actions, will be under the jurisdiction of the Court of Parma, even in the case of connection of cause or call of third parties under warranty.
ART.15 COMPETENT COURT
15.1 The exclusive jurisdiction for any dispute is Parma and the exclusively applicable law is Italian law