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GENERAL CONDITIONS OF SALE
1. Introduction
Commercial relations between Tadei Srl Unipersonale and its customers are governed exclusively by these conditions of sale. They keep out any other agreement, if it is not in a written form, signed by the customer and our sales engineer. These rules are efficient for all orders independently from the way of transmission.
2. Definitions.
In accordance with which is specified below, the following definitions have the meaning here described:
CUSTOMER: Subject which, in any role, send to Tadei Srl Unipersonale a puchase order for items sold through our web site and with which a contract will be close in accordance with these general conditions of sale.
In accordance with the article 3 of Decreto Legislativo 6 settembre 2005, n. 206 and following changes and/or integrations the customer will be defined as:
1- consumer: natural person who operate for unrelated purposes to business, commercial, artisanal o professional activity possibly conducted.2- professional: natural person or legal person who operate for its business, commercial, artisanal or professional activity, or his middle person.
USER: The word includes every internet user who enters directly, or by every other web site in the following web site: www.irrigazioneonline.com. According to article 3 of Decreto Legislativo 6 settembre 2005, n. 206, the user will be defined as:
1- consumer: natural person who operate for unrelated purposes to business, commercial, artisanal o professional activity possibly conducted.
2- professional: natural person or legal person who operate for its business, commercial, artisanal or professional activity, or his middle person.
CONTRACT: a long distance purchase agreement, as described and law-abiding by D.Lgs. 185/99 and following changes and/or integrations stipulates between Tadei Srl Unipersonale and the CUSTOMER and composed by these General conditions of sale.
WEB SITE: the web site www.irrigazioneonline.com through which Tadei Srl Unipersonale sell its products to the customers
GENERAL CONDITION OF SALE: The provisions here contained are integral parte of the contract between Tadei Srl Unipersonale and the customer, in the case of purchase of the service offered in the web site www.irrigazioneonline.com.
SERVICE: Sale on-line through the web site www.irrigazioneonline.com and according to the previsions in General Conditions of.sale.
3. Closure the contract and accept General Conditions of sale
The contract between Tadei Srl Unipersonale and the Customer is closed when Tadei Srl Unipersonale accepts, also only in a partially way, the order as described in the following point 6.
The customer every time makes an order to purchase products in the web site, declares and affirms to have view all the information given at the time of the purchase and to accept completely the general conditions of sale and payment present in this document.
According to the articles 3 e 4 of D.Lgs 185/99 following changes and/or integrations on long distance sales, the customer which purchases as Consumer, when the act of buying is completed, has to print and/or save on durable medium, and in general conserve, this document which contains General Conditions of Sale.
In any case Tadei Srl Unipersonale could be pursuable of requests of damages or compensations from the consumer and it will be safe from every contractual or extra-contractual responsibility, directly or indirectly, for direct or indirect damages to people and/or things, deriving from the non-acceptance, also partially, of an order.
4. Responsability.
Tadei Srl Unipersonale is not responsable for any damage or loss, direct or indirect, deriving from the selling of goods and services offered in the web site www.irrigazioneonline.com, for delayed delivery and/or undelivered of the items ordered, for the non-conformity of the goods to the details published on the web site and even for any case not directly imputable to Tadei Srl Unipersonale.
5. Accessibility to the web site.
The web site is accessible to everybody without restrictions. Possible reserved area is available to registered users who received the code to enter the area. Username and password which give the possibility to connect to the web site are personal and confidential. They can be modify only on request from the client. The client is responsible for the usage of identifying data. The client undertakes to maintain his codes secret and to not make known them in any way. Every business transaction using the client username and password is considered to be make by the client.
6. Orders.
The orders are accepted exclusively in written form or through Internet. The customer, which send the order through Internet, will get a confirmation of receiving with the indication of the number of the order by email at the end of the process. In the case that after the sending of the order the client do not receive any confirmation, even partially, after twenty-four hours in working time, the proposal is considered not accepted, according to the law, also for account or administrative reasons or for the lack of the product.
At the act of the confirmation of the order the client declares to accept implicitly the terms oìof the order and the General Conditions of sale.
The client recognises the validity of the electronical exchanges registered by Tadei Srl Unipersonale and accepts that these documents have evidentiary effects as a written contract.
7. Prices.
All the prices in the web site are expressed including VAT (where it is not specify). The rates of the products are visible in every moment in the web site www.irrigazioneonline.com. Minor rates can be applied after specific agreement or with discount codes.
Prices and promotions can be freely modify by Tadei Srl Unipersonale in every moment, without any advice.
8. Products available.
In our goods list published on the web site www.irrigazioneonline.com availability of products are point out and updated regularly. The chance to send orders can modify the availability of the products, so Tadei Srl Unipersonale does not guarantee the allocation of the items and reserving the right to postpone the dispatch, partially o totally, of the order.
9. Risk e property.
The goods are send in carriage free, with charge of the costs on the invoice. At the time of receving the goods the client has to verify the entirety of the packages and the qualitative and quantitative conformity with which is indicated on the delivery note or invoice. In case of defect, the problem has to be signaled on the delivery note, a copy of this one has to be left to the courier and it has to be send to the supplier through fax to +39 0386.733460 or with certified mail. Anyway, also in case of entirely package we recommend to verify as soon as possible the merchandise, not over 7 (seven) days from the arrival. Possible anomalies have to be revealed in a written documents and send through fax to +390386.733460 or with certified mail not over 7 (seven) days from the arrival. Every warning arriving to Tadei Srl Unipersonale after 7 (seven) days could not be considered. For any declaration the client take charge of what he declares. In case that the merchandise is send by registered mail, where the client requests it, the risks depends on courier for the delivery, and on the carrier to its warehouse.
10. Payments.
The goods have to be paid equally to the order with Credit Card, PayPal or every other way established in a written document between Tadei Srl Unipersonale and the client.
11. Cancellation of the orders.
The client has 4 hours from the time of the payment to demand the cancellation of the order, without explain the reason why. He needs to send a email to amministrazione@irrigazionetadei.it specifying the number of the order. After 4 hours Tadei Srl Unipersonale does not have the duty to accept the cancellation of order.
The cancellation of the order is impeded to the client when the goods are specially ordered by Tadei Srl Unipersonale to its supplier and these ones do not accept the cancellation.
12. Restitution of the merchandise.
The restitution of the goods to the supplier has to be demanded to the supplier in a written document, indicating the reasons of the request and the data of the invoice. The restitution of the goods will take place upon authorization and assignment of the “number of the restitution”. The goods to give back has to be in a perfect state, in its original package and send carriage free to our warehouse, indicating on the document the “number of restitution”.
13. Complaints.
Possible mistakes of sending or lack of goods have to be signaled, in written form, according to terms indicated in point 8 of this document “Risk and property”
14. Guarantees.
The buying of merchandise to Tadei Srl Unipersonale involve the complete acceptance of General Condition of sale by the supplier, which can be independent from the will of Tadei Srl Unipersonale The client is aware that the goods are guaranteed by the producer and so, he accepts all the clauses of the guarantee of the producer, also referring, as illustrative title, to the subject manager different from Tadei Srl Unipersonale.
In case of flaw of production, as provided for by the Codice del Consumo (articles 128 and following) the customer as the right to choose the reparation or the substitution of defective item by Tadei Srl Unipersonale. If reparation or substitution are not available the client as the right to have a reduction of the price or the restitution of the price, calculated to the value of the product, against the restitution of the defective product to the seller. Legal guarantee is two years long from the delivery of the item and it has to be showed in two months from the moment of the discovery of the flaw.
Tadei Srl Unipersonale will accept the delivery of the flaw item to verify if the flaw really depend from a problem of production. If the imperfection is really a problem of production Tadei Srl Unipersonale will repair or substitute the item within adequate time from the request and without costs for the client.
15. Copyright.
All rights reserved. Texts, images, artworks, sound, animation files, videos, their diposition and their adjustment on the web site are (except for different communication) in fee of Tadei Srl Unipersonale are subject to the intellectual property right and protect by the copyright and intellectual property right. These subjects can not be copied for commercial use or distribution, they can not be modified, published, copied, or used in others web sites. This web site can include images protected by third party copyright.
We explicitly declare that with our web site we do not give any license to our intellectual property or intellectual property of a third person.
16. Hyperlink.
On the web pages of www.irrigazioneonline.com of Tadei Srl Unipersonale there can be found Hyperlink with others web sites, proposed to give a better information service to users. Tadei Srl Unipersonale is not responsible for the content of the web sites to which users could be enter through its web site. The presence of Hyperlink to others sites does not imply the acceptance of responsibility by Tadei Srl Unipersonale to the content of the new web site, also in relation to the policy for personal data. The usage of these web pages is exclusive for the user and the client.
17. Responsability for lack of title o quality.
The data attended on the web site web www.irrigazioneonline.com have the role of general information and could be, according to circumstances, defective, incomplete or incorrect. Tadei Srl Unipersonale is not responsible for the events above described or for damaging consequences, direct or indirect, deriving from the use or the impossibility of use of information attended in the web site.
18. Other responsability, Virus.
The client accepts all the characteristics and limits of Internet and recognises to be the only responsible for the usage of his information.
Even if Tadei Srl Unipersonale accomplishes all the actions to maintain the web site free of virus, it can not guarantee that the web site is free. The user/client would have to do what is necessary to guarantee safety measure and use an antivirus program before to download information, software, or documents. The user is recommended to have safety measures to be sure to not upload virus on the web site www.irrigazioneonline.com. Tadei Srl Unipersonale is not responsible for any direct or indirect damages deriving from virus.
19. Conditions.
The conditions attended in this document can be modified without advice and will be effective from the date of publication.
20. Right of withdrawal.
In accordance with the art. 5 del D.Lgs. 185/99 following changes and/or integrations the client, as consumer, has the right to withdraw from the contract, without any penalties, within 14 (fourteen) days from the day of delivery of the goods. The client will have to send to Tadei Srl Unipersonale Via A. Brennero 161/B Poggio Rusco (Mn) within the end indicated, a written communication through certified mail or telegram or fax after confirmed by certified mail send in 48 hours indicating the bank routing number for the re-credit of the price; the lack of respect for formalities and for the terms will imply the impossibility for the implementation of the right. When the communication of the right of withdrawal is received Tadei Srl Unipersonale, if the goods were just delivered, will call the client to communicate the modality for the restitution of the goods, which will take place within 14 days from the date of communication of instructions of the restitution.
In 15 (fifteen) days from the receving of the goods Tadei Srl Unipersonale will proceed to credit the price received through bank transfer with the bank routing number communicate by the client, holding, as the law permits, transportation fees of the restitution, if not supported by the client, and possible fees for the restoration of the original package, if damaged.
PLEASE NOTE: the costs for restitution at the expense of the client are:
The shipping fees with SDA is proportional to weight/volume of the shipping:
Euro 10,00 up to Kg. 3 w/v; Euro 13,00 up to Kg. 5 w/v; Euro 16.00 up to Kg.20 w/v; Euro 17,00 up to Kg.30 w/v; Euro 21,00 up to Kg.50 w/v. For superior weight shipping fees are those paid in the order. For partial restitutions the upper table is used.
According to the art.5 comma 3 and art. 7 del D.Lgs.185/99 and following changes and/or integrations the following points are not included in the right of withdrawal:
- Tailor-made goods or expressly personalized one that for their nature can not be send or risk to damage rapidly.
- Audiovisual product or sealed software opened by the consumer.
- Newspaper and magazines.
The contracts about supply of services of accommodation, transport, restaurant, free time, when at the closure of the contract the supplier answers the services to a specific date or in a specific time.
It is not possible employ the right of withdrawal only partially on the product. The purchased product has to be given back in its original package, including accessories or documents and it has not to be damages for different reasons from the transport, otherwise the right of withdrawal is not applicable. The product has to be carefully packaged in a second pack to avoid to damage the first pack with labels or schotch-tapes. The responsibility of the product is of the consumer until the delivery of the product to Tadei Srl Unipersonale, unless the restitution takes place with a courier send directly by Tadei Srl Unipersonale.
In the case that the item given back, with the courier of the client, would be damaged during the transportation Tadei Srl Unipersonale will communicate the problem within 5 (five) working days from the delivery, giving the possibility to the client to protest with his carrier and to start compensation process. Then Tadei Srl Unipersonale will make the product available to the client for the restitution and will abolish the application of the right of withdrawal. In any case Tadei Srl Unipersonale is not absolutely responsible for the damage and/or loss of goods send by non-guaranteed shipment. When the goods will arrive in the warehouse, Tadei Srl Unipersonale will verify the entirety of the goods, if they result to be damaged not for transport reasons, that means without the original package or without the accessories of the item it will tip off the client and will proceed to return the goods to the client charging to him the transportation fees.
21. Privacy.
According to the art. 13 del D.Lgs. 196/2003 and following changes and/or integrations personal data communicated by the client are collected in telematics and/or paper ways and they are processed by hand processing, information and telematic system tools; personal data would not be spread with others subjects, this will happen only with connected companies to Tadei Srl Unipersonale and with couriers for the delivery of the products. Personal data will be used to satisfy the requests of the client and to perform the duties of law connected to civil, fiscal, accounting laws, to administrative purposes and for the sending of business information, advertising, informative and promotional material, collection of points, the implementation of prizes performance and promotions in general. Personal data collected by Tadei Srl Unipersonale are directly send to the last subject at the time of the registration through the application form and in the order. The bestowal of personal data is optional; it is clear that some data are compulsory, precisely that with the star and as a consequence if that data are not given the process of purchase will stop and the order could not be send. It is better to make clear that, even if the process of purchase, for whatever reason, could be completed without compulsory data, the order would not be accepted and it would not be fulfilled until the client complete the data, time from which all the contractual terms described in this document will be valid. The holder of the use of personal data is Tadei Srl Unipersonale, represented by its administrator, responsible for the processing, to whom the client could turn to, according to the art. 7 of D.Lgs. 196/2003, to the following address: Tadei Srl Unipersonale Via A. Brennero 161/B Poggio Rusco (Mn) or to the following email: amministrazione@irrigazionetadei.it
22. Legge applicabile e Foro Competente.
The purchase contract between the client and Tadei Srl Unipersonale concluded in Italy is regulated by the Italian law, especially by regulations included in Codice Civile, by D.Lgs. 185/99 about long distance contracts by D.Lgs. 70/2003 about contacts concluded through Internet and its integrations or modifications. Tadei Srl Unipersonale will try to solve every disagreement with the client in an adequate and rapid way. If the client will not be satisfy by the attempts he can go to Judiciary Authority and so every disagreement will be solved by Italian jurisdiction.
For any disagreement about interpretation, implementation and solutions of General Condition of sale exclusively the court of Tadei Srl Unipersonale will be in charge, except for the case that the client has operate and concluded the contract as consumer for unknown purposes to business or professional activity. In this case exclusively the court where the client has its domicile, if it is in Italian territory, is in charge
In the case that Tadei Srl Unipersonale would not exercise the rights attended in the contract, this does not mean the quitclaim. This lack of exercise does not involve the possibility to exercise the rights in a secondary time.