General sales terms and conditions

1. General Provisions

(a) The terms and conditions set out below (the “General Sales Terms and Conditions”) shall be integral part of all the agreements drawn up between the Seller and the Buyer for the supply of the Seller’s items (the “Items”).
(b) The General Sales Terms and Conditions shall only apply to all business transaction executed between the Seller and the Buyer with no need of express reference thereto or agreement thereon at the conclusion of such transaction. Any dissenting terms and conditions shall only apply if confirmed in writing by the Seller.
(c) The sales will be carried out by:
FABBRINI SNC di Fabbrini Fernando, Alessandro e C. con sede in Via della Torricella, 31A – Bagno a Ripoli (Firenze) Italia (P.Iva e C.F. 03671910481)

2. Offers and Orders

(a) The Terms and Conditions set out belove govern the offer, the shipping and the acceptance of orders of the items on this website and don’t govern the supply of services or the sales of items by third subjects different then the Seller evenif they are on this website throught link, banner and/or other hyperlinks.
(b) The Seller’s offers shall not be binding, in particular with reference to quantities, prices and terms of delivery.
(c) Orders placed by the Buyer shall not be considered accepted until confirmed in written form by the Seller. Should the Seller fail to confirm an agreement in writing, the Seller’s invoice or the implementation of the order by the Seller shall be regarded as confirmation.
(d) To finalize the purchase agreement it is necessary to fill the form and transmit it following the instructions.

3. Prices and Terms of Payment

(a) Taxes, duties, and possible after-sales support are not included in the price as they have been quoted separately.
(b)The shipment and insurance costs are showner separately.
(c) The payment can be made by Credit Card. The accepted Credit Cards are the following:
Visa, Mastercard, AmericanExpress, Conto Paypal.
(d) Should the Buyer fail to make payments in the terms and conditions specified by the Seller, or should Buyer’s business be carried out against the ordinary course of business including, but not limited to, orders of attachment and notices of protest, delayed payments, or when bankruptcy proceedings have been required or opened, the Seller shall have the right to suspend or cancel, at its sole discretion, further delivery and to declare all the claims arising from the business relationship as immediately collectable. Moreover, in such event, the Seller may require down payments or warranty deposits.
(e) The Buyer shall have no right to make any compensation, retention or reduction unless the Court has accepted the counterclaims.

4. Terms of Delivery

(a) Unless otherwise agreed in writing, the Seller shall not be bound by any indicated time of delivery. Unless the Buyer has special urgency requests, the Seller shall assess each time the terms of delivery according to the kind of order and availability of the items in stock. For delays exceeding 30 days, the Seller shall provide the Buyer with an approximate date of delivery.
(b) The Seller reserves the right make partial deliveries.
(c) Any liability for failed or delayed supply due to force majeure or other unforeseen incidents not attributable to the Seller’s responsibility including, but not limited to, strikes, lockouts, provisions of public authorities, subsequent blocks of export or import, due to their duration and their impact, shall relieve the Seller from the obligation to comply with any agreed time of delivery.

5. Acceptance of Items

(a) Upon collecting the Items, the Buyer shall immediately:
– check quantities and packaging of the Items and record any objections in the delivery note;
– carry out a conformity-check of the Items as regards to the what is listed in the order, and record any objections in the delivery note.
(b) In the event of a notice of defect, the Buyer shall comply with the following procedures and deadline:
– the notification shall be made by no later than 15 (fifteen) working days from the collection of the Items by the Buyer. In the event of an objection relevant to a defect invisible at a first inspection, the objection must be raised within the end of the working day when the defect was discovered and in any case no later than 2 (two) weeks after collecting the Items;
– the detailed above-mentioned notice shall be forwarded in written form to the Seller within the deadlines specified above. Telephone notifications shall not be accepted;
– notices must clearly specify the kind and amount of the alleged defect
(c) No objections concerning the quantities, quality, type, and packaging of the Items shall be accepted unless specified in the delivery note in compliance with the above-mentioned procedure.
(d) Any Item to which no objection shall have been raised in compliance with the procedures and deadlines set out above shall be regarded as approved and accepted by the Buyer, except as provided in the following clause concerning the Right of with drawal.

6. Right of with drawal

The Buyer, avoiding to proceed to the acceptance of items in accordance to what foreseen in the point a) of clause 5) has the right to with draw from the purchase without any penalty and without particular reason whitin the term of seven days from the date of the reception of the items.
The Buyer who wishes to exsercise the right of with draw must notify the Seller by explice declaration which has to be transmitted by email to [email protected] . For any further information consult the section Return Policy. The Items have to be returned undamaged with the original and complete packaging to the Seller’s heardquarter.

7. Terms of Warranty

(a) The Seller hereby warrants that the Items are free from defect and comply with the technical specifications stated by the Seller.
(b) The warranty shall apply only to the items used in suitable environments and for applications suitable to the technical specifications stated by the Seller; every improper use of the items shall be forbidden.
(c) The warranty shall not be valid if the defect or irregularity proves to be due to incorrect on unsuitable applications of the item, or if the item does not comply with the commission. Any possible change or replacement of part of the item not authorized by the Seller releases the Seller from any civil or penal liabilities, and makes the warranty invalid. The warranty does not cover the normal parts of the items subject to wear and tear.
(d) For further Terms of Warranty please refer to the “Quality Guarantee” that are provided with each item.

8. Limitation of Liability

(a) Unless in the events of justified objection raised in compliance with the procedure and deadlines set forth in article 5 above, the Buyer shall not be entitled to any further rights or remedies. In particular, the Seller shall not be responsible for any compensation based on breach of contract or default, for any direct or indirect damage or loss of profit suffered by the Buyer due to the use, non-use, or incorporation of the Items in other items, unless for the cases under warranty listed in paragraph 6 or in cases of willful misconduct or gross negligence on the Seller’s part.
(b) The Seller shall do his best to deliver the Items within the time agreed but shall not be liable for any loss or damage of any kind whatsoever caused directly or indirectly by the delay in the completion of the contract or delayed delivery of the Items.
(c) The Seller’s catalogues, price lists or other advertising materials are only an indication of the type of Items and the prices; any other information contained herein shall not be binding for the Seller. The Seller does not accept any responsibility for errors or omissions contained in his price lists or promotional materials.

9. Retention of Title

The Item supplied shall remain full property of the Seller until the date when the Buyer has paid the full price of the Items and of all amounts due to the Seller. Until then, the Buyer shall hold the Items as the Seller’s fiduciary agent and shall keep the Items properly stored.

10. Intellectual Property

a) The Client expressly acknowledges that trademarks, business names or other distinctive marks on the goods are exclusive property of the Seller and shall not be altered, changed, removed or canceled in any manner. The Client has limited right to use trademarks, business names or other hallmarks, as well as other industrial property or productive or business know-how associated with the goods – which nonetheless remain in the exclusive property of the Seller – to the limited purpose of the reselling the goods to the final customer.
Any other use of the Seller’s Intellectual Property by the Client, unless expressly granted in writing by the Seller, shall be considered an infringement of the above-mentioned exclusive rights of the Seller, also under the contractual responsibility, and therefore shall be suitably prosecuted.

11. Data Protection Law

(a) The personal data of the Buyer shall be processed in compliance with the Italian law regulating personal detail protection. The Seller informs the Buyer that the former is the sole controller of the personal details, and that the Buyer’s personal details shall be collected and processed for the sole purpose of carrying out this agreement. The Buyer shall have the right to ask to the Seller to update, amend, integrate, cancel and transform his details in anonymous form.

12. Applicable Law

(a) These General Sales Terms and Conditions and all the agreements drawn up shall be regulated by the Italian law.

13. Jurisdiction

(a) Any dispute arising between the parties in connection with the interpretation, validity or enforcement of these General Sales Terms and Conditions, and of all the relevant agreements drawn up, shall be under the exclusive competence of the Court of Florence (Italy).
b) The parties agree that the Seller, at his own discretion, shall have the faculty to waive the exclusive jurisdiction set forth in paragraph (a) to have right of action against the Buyer in his domicile and before the competent Court.

14. Final Provisions

(a) The total or partial invalidity of any provision of these General Sales Terms and Conditions shall not affect the validity of the other provisions.
(b) These General Sales Terms and Conditions have been drafted in Italian and English. Should any problem of interpretation arise, the Italian version shall prevail. For any further information consult sections:
Payments
Shipping
Return Policy
the content of which is considered an integral part of this document.