Terms and Conditions of Sale
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General Terms and Conditions of Sale:
Introduction
These general conditions concern the remote purchase of products via the electronic network through the website www.suppliesonboard.it, owned by SUPPLIES ON BOARD by Officina Latini di Latini Roberto, with registered office at Via A. Ponchielli 25, 61030 Montefelcino (PU), Italy, VAT number 01105220410.
Purchase operations will be governed by the provisions of Legislative Decree no. 185 of 22.5.1999, while the protection of confidentiality (privacy) will be subject to the regulations of Legislative Decree 196/2003. These general conditions are valid from 15/09/2015. They may be updated or modified by SUPPLIES ON BOARD by Officina Latini di Latini Roberto at any time, without prior notice, and will be valid from the date of publication on the website www.suppliesonboard.it. The Customer undertakes and is obliged, whenever a modification to these general conditions occurs, to review them and, if deemed appropriate, to print and store them. An online sales contract is defined as a distance contract concluded between a supplier, SUPPLIES ON BOARD Officina Latini di Latini Roberto, with registered office at Via A. Ponchielli 25, 61030 Montefelcino (PU), Italy, VAT number 01105220410, and a consumer Customer, within a distance sales system organized by the supplier, namely the legal transaction concerning movable goods and/or services, which for such contract exclusively uses the distance communication technology known as the Internet. A consumer is defined as a natural or legal person who purchases goods and services for purposes directly or indirectly related to any professional activity carried out.
Art. 1 – ACCEPTANCE OF THE TERMS OF SALE
1.1 The conditions provided in the introduction are an integral and essential part of this contract.
1.2 All contracts will be concluded directly through access by the Customer (businesses and individuals) to the website corresponding to the address www.suppliesonboard.it. At that point, the Customer may conclude the contract for the purchase of the desired product by carefully following the instructions and procedures provided.
1.3 These general terms of sale must be examined online by the Customer before completing the purchase procedure. Sending the order confirmation implies full knowledge and complete acceptance of the same.
1.4 By electronically sending the confirmation of their purchase order, the Customer unconditionally accepts and undertakes to observe, in their relations with SUPPLIES ON BOARD by Officina Latini di Latini Roberto, the general and payment conditions illustrated below, declaring to have reviewed and accepted all the information provided by them pursuant to the regulations mentioned above, and also acknowledging that SUPPLIES ON BOARD by Officina Latini di Latini Roberto does not consider itself bound by different conditions unless previously agreed upon in writing.
1.5 Any order placed with the company SUPPLIES ON BOARD by Officina Latini di Latini Roberto entails the customer’s unreserved acceptance of all these general terms of sale. Therefore, no clause potentially reported by the customer (on general purchase conditions, order forms, correspondence, or any other document received by us) may deviate from these conditions. In the event that the Customer decides to cancel an order already accepted by SUPPLIES ON BOARD by Officina Latini di Latini Roberto, any deposits paid will be retained as partial compensation, without this restricting or limiting the possibility for SUPPLIES ON BOARD by Officina Latini di Latini Roberto to seek compensation for damages that may have been caused by this order cancellation.
Art. 2 – PURCHASE CONDITIONS AND PROCEDURES
2.1 All sales prices of the products displayed and indicated on the website www.suppliesonboard.it of SUPPLIES ON BOARD by Officina Latini di Latini Roberto, which constitute an offer to the public pursuant to Art. 1336 of the Civil Code, are to be considered exclusive of 22% VAT.
2.2 The total cost of shipping to the Customer’s address is at the Customer’s expense, unless otherwise specified. This cost will, in any case, be made known to the Customer before the purchase confirmation.
2.3 The purchase contract is finalized through the accurate completion and the consent to purchase expressed via the online acceptance given after registration.
2.4 The Customer may pay for the ordered goods using the payment methods indicated online at the time of purchase.
2.5 Prices for different types of transport refer to weight, dimensions, and delivery destination.
2.6 The company SUPPLIES ON BOARD by Officina Latini di Latini Roberto reserves the right to modify its prices at any time and without notice in order to adapt to the pricing policies of its suppliers.
Art. 3 – DELIVERY METHODS
3.1 SUPPLIES ON BOARD will arrange for the selected and ordered products to be delivered to Customers at the address indicated by them via couriers, according to the methods provided in the previous article.
3.2 The purchased goods will be delivered within the terms provided by Art. 6 of the Legislative Decree. 185/1999. No responsibility can be attributed to the supplier for delayed or failed delivery due to force majeure or unforeseeable circumstances.
3.3 Upon receipt, the Customer is required to verify the conformity of the product delivered to them with the order placed.
3.4 At the time of delivery, the Customer must check the integrity of the packages and the quantitative and qualitative correspondence with what is indicated in the accompanying document. In case of discrepancy, it must be reported on the same accompanying document and confirmed within (7) seven days via fax, registered mail with return receipt, or PEC (Certified Email) to SUPPLIES ON BOARD. Even if the packaging is intact, the goods must be checked within (7) seven days of receipt. Any hidden anomalies must be reported in writing via fax, registered mail with return receipt, email, or PEC. Any report made after the aforementioned terms will not be taken into consideration. The Customer assumes full responsibility for all declarations made.
3.5 Home delivery, unless otherwise agreed in writing between the parties, will take place on the ground floor and during office hours: from 8:30 AM to 12:30 PM and from 2:00 PM to 6:00 PM, every day except holidays, from Monday to Friday.
3.6 The Customer is required to be available during the hours described in point 3.5 to avoid any additional charges requested by the express courier for failed deliveries. Such charges, unless otherwise agreed, will be borne by the Customer.
3.7 SUPPLIES ON BOARD is not responsible for damages caused by the carrier to the purchased products.
Art. 4 – PRODUCT AVAILABILITY
4.1 The Customer may only purchase products currently present in the electronic catalog of SUPPLIES ON BOARD, visible online at www.suppliesonboard.it. Should a request made via an online order exceed the quantity available for a given item, SUPPLIES ON BOARD will accept the purchase only for the amount actually available in its virtual warehouse. It will be the responsibility of SUPPLIES ON BOARD Customer Service to inform the Customer (in the timing and manner deemed most appropriate) whether or not the ordered products will be available in the future.
Art. 5 – LIABILITY
5.1 SUPPLIES ON BOARD assumes no responsibility for service disruptions attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, and other similar events that prevent, in whole or in part, the execution of the contract within the agreed timeframe.
5.2 SUPPLIES ON BOARD will not be liable to any party or third parties regarding damages, losses, and costs suffered as a result of the failure to execute the contract for the reasons mentioned above, as the consumer is only entitled to a refund of the price paid.
5.3 SUPPLIES ON BOARD is not responsible for any fraudulent or illegal use that may be made by third parties of credit cards, checks, and other means of payment at the time of payment for the purchased products. Indeed, at no point during the purchase procedure is SUPPLIES ON BOARD by Officina Latini di Latini Roberto able to know the buyer’s credit card number, which is transmitted directly to the banking service provider via a secure connection.
Art. 6 – ASSISTANCE AND WARRANTY
The quality of our products is at the top of their respective categories, and the storage and shipping methods have been designed to ensure their preservation over time. All our products are covered by a warranty for any defect or flaw inherent to the product itself, to be reported within 8 (eight) days of discovery. We will arrange to replace the product at our expense or refund the consumer the amount paid, including shipping costs, in compliance with the provisions of Articles 1519-quater and sexies of the Civil Code. 6.1.
Art. 7 – OBLIGATIONS OF THE BUYER
7.1 Once the online purchase procedure is concluded, the consumer undertakes and is obliged to print and store these general conditions, which they will have already reviewed and accepted as a mandatory step in the purchase, as well as the specifications of the product being purchased, in order to fully satisfy the conditions set out in Art. 3 and 4 of Legislative Decree no. 185/1999.
7.2 These general conditions may be updated or modified at any time by SUPPLIES ON BOARD by Officina Latini di Latini Roberto, which will provide notification via its website. The consumer undertakes and is obliged, whenever a modification to these general conditions occurs, to print and store them.
7.3 The buyer is strictly prohibited from entering false, and/or invented, and/or fictional data during the registration procedure required to activate the process for the execution of this contract and related further communications; the personal data and email address must be exclusively their own real personal data and not those of third parties or fictional.
7.4 It is expressly forbidden to create double registrations corresponding to a single person or to enter data of third parties. SUPPLIES ON BOARD by Officina Latini di Latini Roberto reserves the right to legally prosecute any violation or abuse, in the interest and for the protection of all consumers.
7.5 The Customer releases SUPPLIES ON BOARD by Officina Latini di Latini Roberto from any liability arising from the issuance of incorrect tax documents due to errors related to the data provided by the Customer, as the Customer is solely responsible for their correct entry.
Art. 8 – RETURNS
8.1 Any returns will not be accepted without our prior written agreement. In any case, these returns must be made carriage paid, in their original packaging, and accompanied by the initial invoice with a return note mentioning the reason for the return. If the return is due to an ordering error by the Customer, an amount equal to 20% of the total invoice will be retained as a reimbursement of expenses. The amount already paid cannot be refunded and will result in a credit voucher valid for one year from its date of issue. After this period, no deduction can be applied to subsequent orders. In the event of an error in order processing by SUPPLIES ON BOARD by Officina Latini di Latini Roberto and a product different from the one ordered is delivered to the Customer, the Customer may request its replacement. In this case, the costs incurred for shipping the return will also be reimbursed.
Art. 9 – AUTHORIZATIONS:
9.1 By filling in the appropriate space on the website, the Customer authorizes SUPPLIES ON BOARD to use their credit card, or another card issued in replacement thereof, and to charge their current account in favor of SUPPLIES ON BOARD for the total amount shown as the cost of the online purchase. The entire procedure is carried out via a secure connection directly linked to the banking institution that owns and manages the online payment service, which SUPPLIES ON BOARD by Officina Latini di Latini Roberto cannot access.
Art. 10 – CONTRACT TERMINATION AND EXPRESS TERMINATION CLAUSE
10.1 SUPPLIES ON BOARD has the right to terminate the contract by simply notifying the Customer and stating the reason; in such a case, the Customer will only be entitled to a refund of any amount already paid.
10.2 The obligations assumed by the Customer under Art. 7 (Obligations of the Buyer), as well as the guarantee of successful payment made by the Customer using the means referred to in Art. 2, are of an essential nature, so that by express agreement, the failure by the Customer to fulfill even one of said obligations will result in the automatic termination of the contract pursuant to Art. 1456 of the Civil Code, without the need for a judicial ruling, without prejudice to the right of SUPPLIES ON BOARD by Officina Latini di Latini Roberto to take legal action for compensation for further damages.
Art. 11 – PRIVACY:
11.1 SUPPLIES ON BOARD by Officina Latini di Latini Roberto fully respects your privacy. The data you transmit to us will be processed using electronic aids and will be used by SUPPLIES ON BOARD by Officina Latini di Latini Roberto only to allow us to manage orders and shipments. In accordance with Legislative Decree 196/03 “Personal Data Protection Code”, all information relating to personal data, orders, and payments made is strictly confidential. We assure you that under no circumstances and for no reason will we disclose personal data to third parties outside of SUPPLIES ON BOARD by Officina Latini di Latini Roberto. If you wish, you can request to receive information on news, promotions, and new product ranges, in order to offer you an increasingly complete service, by writing to info@suppliesonboard.it. If, on the other hand, you do not wish to receive informative messages in the future, you can send an email to info@suppliesonboard.it, stating this intention in the subject line of the message. All details relating to the processing of personal data according to Italian legislation can be consulted on the website www.garanteprivacy.it
11.2 Personal data is collected for the purpose of registering the Customer and activating the procedures for the execution of this contract and the necessary related communications; such data is processed electronically in compliance with current laws and may only be produced upon request of the judicial authority or other authorities authorized by law for this purpose.
11.3 Personal data will be communicated to subjects delegated to carry out the activities necessary for the execution of the contract concluded and disseminated exclusively within the scope of this purpose.
11.4 The data subject enjoys the rights referred to in Art. 13 of Law 675/1996, namely: to request confirmation of the existence of their personal data at the headquarters of SUPPLIES ON BOARD by Officina Latini di Latini Roberto; to know their origin, logic, and purposes of their processing; to obtain their updating, rectification, and integration; to request their deletion, transformation into anonymous form, or blocking in case of unlawful processing; to object to their processing for legitimate reasons or in the case of use of data for sending advertising material, commercial information, market research, direct sales, and interactive commercial communication.
11.5 Obtaining the deletion of one’s personal data is subject to sending a written communication via fax or postal mail to the company’s headquarters.
11.6 The data controller and processor for the collection and processing of personal data is SUPPLIES ON BOARD by Officina Latini di Latini Roberto, with registered office at Via A. Ponchielli 25, 61030 Montefelcino (PU), Italy, VAT number 01105220410.
Art. 12 – JURISDICTION AND COMPETENT COURT:
12.1 Any dispute relating to the application, execution, interpretation, and violation of purchase contracts concluded online through the website of SUPPLIES ON BOARD by Officina Latini di Latini Roberto is subject to Italian jurisdiction; these general conditions refer, for anything not expressly provided for herein, to the combined provisions of Legislative Decree no. 50 of 15.1.1992 and Legislative Decree no. 185 of 22.5.1999.
12.2 Any dispute between the parties regarding this contract will be the exclusive competence of the Court of Pesaro.
Art. 13 – RETENTION OF TITLE
13.1 The goods remain our unlimited property until full payment of the purchase price.
All sales are made with an explicit retention of title agreement, whereby the Customer may not sell, pledge, or transfer the goods until the debt is fully extinguished.
The only case in which the buyer may be authorized to sell the goods to third parties (subject to written communication to the selling company) is for the purpose of collecting the price of said resale in order to regularly fulfill their obligations towards us. In any case, the buyer hereby assigns to our Company their credits arising from such alienations, as well as the rights relating to the retention of title agreed upon in turn. The buyer is required, upon our request, to communicate the assignment of such rights to subsequent buyers, providing us with the information and documents necessary to assert the assigned rights against subsequent buyers.
13.2 In installment sales, the buyer will acquire ownership of the goods or products upon payment of the last installment of the price and any interest. In the event of contract termination, without prejudice to other legal provisions on sales with retention of title, as well as the obligation of return, the installments and advances collected by the seller will remain acquired as a usage fee or indemnity, without prejudice to greater damages.
13.3 Upon the Seller’s request, the Buyer must provide assistance so that the Seller can reserve ownership in accordance with the provisions of the local jurisdiction. Retention of title will not affect the transfer of risks in any way.
13.4 Until full payment for the Product, the Buyer will be considered a mere possessor of the Product and consequently must maintain it in perfect condition, as provided for by Article 1768 of the Italian Civil Code.
13.5 The buyer undertakes to proceed with the immediate return of the goods subject to retention of title in the event of serious reasons, such as, for example, payment delay, protested bill of exchange or check, insolvency proceedings, and similar signs of deterioration of their financial situation. In the event that the buyer cannot or will not proceed with the return of the goods subject to retention of title, they hereby grant the selling company the right to exercise its rights in the terms and ways most suitable to it, including the possibility of proceeding, directly or through an intermediary, with their recovery. Until that time, the buyer must store the goods subject to retention of title separately from other goods, mark them as our property, must not dispose of them, and upon request must provide a list of the goods subject to retention of title. The buyer must also inform us without delay of any third-party intervention on the goods subject to retention of title or the assignment of credits and must send the seizure report and a sworn statement regarding the identity of the seized object with the goods subject to retention of title.
