TERMS AND CONDITIONS OF SALE
1. GENERAL PROVISIONS.
(a) The terms and conditions indicated below (the "General Sales Conditions") form an integral part of the contracts closed between the Seller and the Buyer for the supply of the Seller's products (the "Products").
(b) The General Terms of Sale apply only to all commercial transactions closed between the Seller and the Buyer on the site. Any condition or different term applies only if confirmed in writing by the Seller.
(c) Sales on this site will be made by:
AirWorld SAS di Gianluca Ricci&C.
Via Battindarno 106 - 40133 Bologna
C.F. e P.I. 04268940378 Rea 362396
(a) These General Terms and Conditions of Sale rule the shipment and acceptance of purchase orders for products on the website and do not rule the supply of services or the sale of products by subjects other than the Seller that are present on the same site through links, banners or other hypertext links
3. PRICES AND PAYMENT TERMS..
(a) VAT included in the prices.
(b) Shipping costs are shown separately.
(c) Payment can be made by: Credit Card and PayPal.
4. DELIVERY TERMS.
(a) Unless otherwise agreed in writing, any delivery terms indicated are not binding for the Seller. The Seller undertakes to do everything in its power to ensure that the Products shipped under this article are delivered by the selected couriers: - in Italy within 5 days from the date of shipment; 3 working days from the date of shipment.
The Delivery Terms above cannot, in any case, be considered binding and the Seller, unable to directly control the deliveries of the Products after their shipment, cannot be held responsible in any way for their non-compliance.
(b) The Seller reserves the right to reasonably make partial deliveries.
(c) Any liability for failed or delayed delivery resulting from force majeure or other unforeseeable events not attributable to the Seller, including, without limitation, strikes, lockouts, public administration provisions, subsequent blocks of export or import possibilities, in given their duration and scope, they release the Seller from the obligation to respect any agreed delivery term.
5. ACCEPTANCE OF THE PRODUCTS.
(a) At the time of occepting delivery of the Products, the Buyer shall immediately:
- verify the quantities and packaging of the Products and record any objection in the delivery note;
- carry out a conformity check of the Products with respect to that indicated in the order and record any discrepancies in the delivery note.
(b) In the event of a complaint of defects, the Buyer must comply with the following procedures and terms:
- the communication must be made within no more than 15 (fifteen) working days from the time the Buyer takes delivery of the Products;
- the detailed communication must be sent in writing to the Seller within the terms indicated above. Any communication made by telephone is not accepted;
- the communication must clearly specify the type and amount of the alleged defects;
(c) No objection with reference to the quantity, quality, type and packaging of the Products may be made except by communication to the delivery note, in accordance with the procedure indicated above.
(d) Any Product for which no dispute has been raised in accordance with the procedures and terms indicated above is considered approved and accepted by the Buyer, except as provided in the following article concerning the right of withdrawal.
The buyer, avoiding to proceed with the acceptance of the Products in the manner provided for in point a) of clause 5), has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of fourteen days from the date of receiving the Products. The buyer who intends to exercise the right of withdrawal must communicate it to the seller through an explicit declaration that can be sent by e-mail to email@example.com. The Products must be returned intact, in the original packaging, complete in all its parts at the seat of the Seller. With respect for the above, the Seller will refund the price of the Products subject to withdrawal within a maximum period of 20 days.
7. WARRANTY TERMS.
(a) The Seller guarantees that the Products are free from defects and conform to the technical specifications declared by the Seller.
(b) The warranty applies only to products used in the environment and for applications consistent with the specifications declared by the Seller; any improper use is to be considered prohibited.
(c) The warranty will not be valid if the inconvenience or anomaly will be caused by incorrect or inadequate applications for the product, or if it is not compliant with commissioning. Any modification or replacement of parts of the product that are not authorized by the Seller, relieves the Seller from civil and criminal liability, but the warranty will be void The warranty does not cover normal parts subject to wear.
8. LIMITATION OF LIABILITY.
(a) Except in cases of justified dispute raised in accordance with the provisions of article 5 above, no further right or remedy is recognized to the Buyer. In particular, the Seller is not responsible for any compensation requested for breach or breach of contract, for any direct damage or loss of profit borne by the Buyer as a result of the use, non-use, or installation of the Products in other products, except in the cases covered by the warranty indicated in paragraph 6 or in the case of fraud or gross negligence on the part of the Seller.
(b) The Seller will do everything in its power to deliver the Products within the terms agreed upon, but in no case may it be held liable for damages directly or indirectly caused by the delayed execution of a contract or the delayed delivery of the Products.
(c) The catalogues, price lists or other promotional material of the Seller constitute only an indication of the type of Products and prices and the indications indicated therein are not binding for the Seller, The Seller assumes no responsibility for errors or omissions contained in their price lists or in their promotional material.
9. RESERVATION OF OWNERSHIP
The Products supplied remain the full property of the Seller until the date on which the Buyer has not paid the full price of the same and all the amounts due to the Seller. Until such time the Buyer keeps the Products as trustee owner of the Seller and must keep the Products properly stored.
10. INTELLECTUAL PROPERTY
a) The Customer expressly acknowledges that the trademarks, trade names or other distinctive signs affixed to the goods are the exclusive property of the Seller or their respective owners and may not be altered, modified, removed or canceled in any way. The Customer has the limited right to use the trademarks, trade names or other distinctive signs, as well as any other industrial property right or manufacturing and commercial know-how incorporated in the goods and which remains the sole property of the Seller, alone and limited purpose of reselling the goods to the public. Any different use of the Seller's intellectual property by the Customer, unless expressly granted by the Seller in writing, will be considered a violation by the Customer of the aforementioned exclusive rights of the Seller, also in terms of contractual liability and, as such, will be properly pursued.
11. PROCESSING OF PERSONAL DATA.
(a) The Buyer's personal data will be processed in accordance with the Italian law regarding the processing of personal data. The Seller informs the Buyer that the Seller is the data controller and that the Buyer's personal data is collected and processed exclusively for the execution of this agreement. The Buyer has the right to request the Seller to update, correct, integrate, cancel and transform their data anonymously.
12. APPLICABLE LAW.
(a) These General Terms and Conditions of Sale and all stipulated contracts are considered governed by Italian law.
(a) Any dispute arising between the parties as a result of the interpretation, validity or execution of these General Terms and Conditions of Sale and the related stipulated contracts will be referred to the exclusive jurisdiction of the Court of Bologna.
(b) It is understood between the parties that only the Seller, at its discretion, will have the right to waive the jurisdiction of the exclusive forum referred to in paragraph (a) above to take legal action against the Buyer, at his home and at the Court with jurisdiction.
14. FINAL PROVISIONS.
(a) Invalidity, in whole or in part, of individual provisions of these General Terms and Conditions of Sale does not affect the validity of the remaining provisions.
(b) These General Terms and Conditions of Sale are written in Italian and English. In case of doubts about interpretation, the Italian version will prevail.