Shown below all conditions and procedures to start to make online purchases on Paolo Vitale’s website in full compliance with current regulations that protect all consumers.
1. Introduction
Following general conditions of sale regulate this contract and all possible future sales, including additional orders or potential re-orders. These conditions of sale become abrogative instantly and they replace any previous contractual condition considered incompatible. The parties (Supplier and Customer) can waive this contract in writing only. The eventual invalidity of any of the below mentioned clauses does not nullify the whole contract: Indeed, the contract continues to be in effect between the parties. The drafting of this contract does not grant any kind of exclusivity, neither territorial nor other sorts of exclusivity.
2. Purchasing methods:
Just for the very first time: To enter into Paolo Vitale’s B2B service is necessary to ask for the access credentials. As soon as the registration is officially approved by the Supplier, the Customer can start to surf the webpage and see the items in stock or those to be produced. Once registered, the Customer has to choose the desired belt, select colours and units, look at the basket to realise what selected and lastly flag the conditions of sale to finalise the order. Once the order is generated, the Customer receives an automatic written confirmation by e-mail. The B2B service is available 24/7. It is possible that the pictures of the products do not represent the characteristics of each item completely.
3. Availability:
In case of an unexpected unavailability of products that, instead, resulted available while ordering on the website, the company “Paolo Vitale di F.lli Forleo Srl” (Supplier) will promptly inform the Customer by e-mail, providing the waiting times for the production of the out of stock items or proposing other possible options as an alternative. The Customer has the right to accept the proposals made by the Supplier or to cancel the ordered items.
4. Withdrawal
Notwithstanding with the art.1373 of the Civil Code, the Supplier has always the right to break the contract unilaterally and without charge at any time, even if the contract is partially initialised.
5. Delivery.
Excluding different written agreements, the goods are delivered by a designated shipper. Shipments and deliveries happen within an approximate and non-binding time frame. With the exception of intentional wrongdoing or gross negligence on part of the Supplier, this last is not responsible for any partial or total, delayed or missed delivery. The Customer has to check the condition of the parcels at the delivery. In case the Customer finds any possible contradiction between the bill of lading and the delivered parcels, these lasts have to be collected as “goods unchecked”. In case the Customer refuses to collect the goods, the Supplier has the power to break the contract according to the art.1456 of the Civil Code (the Supplier can break the contract even if the goods have been revoked partially or globally). The Customer has to pay 20% of the ordered goods to the Supplier anyway, together with all potential storage costs of the shippers or other public warehouses, all additional charges to return the goods and other costs related to further potential damages estimated by the Supplier.
6. Territoriality.
Both parties recognise that the ordered products are despatched to a precise area only, strictly indicated on the order, to protect the Supplier’s distribution policies. In case the Customer decides to transfer the goods to other destinations without the authorization of the Supplier, this last has the right to demand the repositioning of the goods together with a fine.
7. Prices
All prices are expressed in Euro (€) currency, with the exception of all those countries having a different currency, and VAT excluded. Any possible discount has to be agreed with the Supplier in writing.
8. Conditional sale
As long as the Customer has paid the amount due and any other outstanding balance, all supplied products are still a Supplier’s property. The Supplier is not aware and not responsible of the actual employment made by the Customer of the purchased products.
9. Flawed or non-conforming goods
The Customer approves possible acceptable technical differences of the received products, in terms of colours or other details, e.g. quality, width, finishing. Within 8 days after receipt of the goods, the Customer has to send an e-mail at info@paolovitale.it or send a registered letter with a return receipt specifying the claimed items. The claimed products are still at the Supplier’s disposal in order to confirm their defect. In case the Supplier confirms the actual defect of the goods, the products can be credited (at a lower price), fixed or replaced. The Customer can’t return the goods without the official Supplier’s written authorization, which it has to be sent along with the goods. In case of intentional wrongdoing or gross negligence on part of the Customer, the Supplier does not accept any damaged product or does not respond to those damages linked to the lack of compliance (flaws/defects). All remedies proposed in this section replace any Supplier’s responsibilities in case of a lack of compliance or any other Supplier’s responsibility declared as explicitly or implicitly, contractual or legal.
10. Personal data processing.
The personal data of the Customer are treated as established by the Italian law on this subject. The Customer has the right to update, revise, complete or cancel the provided data at any time.
11. Place of jurisdiction.
The Court of Monza will have jurisdiction over any disputes.
12.
If requested, this contract can be translated from Italian into English. In case of mistranslation, the only official version is the Italian one.
13. Applicable law.
This contract is regulated by the Italian law.