GENERAL CONDITIONS OF SALE

 

For the purposes of these general conditions of sale, the term:

Seller: The Tradecaffe, with registered offices in Via G. Marconi, 26 Riposto (CT), VAT 05295110877, registered with the Register of Enterprises with Catania n. REA CT - 356596

Customer: the buyer, whether a professional or a consumer

Website: the website of the Seller allocated at http://www.tradecaffe.com

Products: Products sold by the Seller on the Website

Order Form: the online fillable form on the web site by the customer, containing its data and the special conditions of sale

Contract: the set of the Order Form and these Terms of Sale.

 

1 Subject. Proposal and acceptance.

 

With the signing of the Order Form, the Customer offers to the seller an agreement for sale of the Products indicated in the Order Form, at the price and other conditions specified therein.

The proposal is irrevocable and firm for 10 days from the date of dispatch of the Order Form.

Following the proposal, the Seller will perform the appropriate and necessary tests to fulfill your order and will communicate its acceptance or rejection of the proposal by the deadline.

The sale is always intended unless the stock update, so that the availability of the products is shown in the web site:

 

- Product: Product in stock

 

- Product not available: empty product.

2 Nature of the contract.

 

In any case, the contract must be understood as essentially a contract of sale of movable item in accordance with Articles 1470 and following of the Civil Code

The contract is concluded usually and naturally between the Seller and the Customer as the final user of the products.

If the Products are instead purchased by the Customer for the purpose of resale, the approval of the Seller, in Article 1, in each case in consultation with the express clause and provided the resale occurs only within the territory of the Republic Italian.

 

3 samples. mode of operation.

 

On the use of the Products and illustrative samples for demonstration purposes, such as through the playback pictures on the web site, the sample is used only to give an approximate the quality and / or type of products, so that their differences are contestable only if significant .

In any case, if they are mentioned in the brochures and / or promotional how to use and / or application and / or functionality of the products, the customer is made aware right now that it shall refer to standard usage situations and are therefore necessary preventive checks on the specific situations of use in this case, before choosing the products for the purpose of their correct use and / or application and / or functionality.

 

4 Delivery of Products.

 

The products sold will be delivered by courier to the customer or to a person appointed in the place of those indicated in the Order Form, the date and time of final delivery communicated by the Seller and / or courier informally.

Any delivery date specified in the order form is just indicative and delivery on a different date, provided performed within 30 days of the order, constitute exact fulfillment of the Seller. For example, orders are generally shipped the next day (from Monday to Friday) upon receipt of payment and delivery takes place on average within 24/48 hours for Italy, within 72 to the Islands and some smaller villages for shipments by courier .

In the absence of the customer or his representative at the time and place agreed for delivery or unjustified refusal to the same delivery, the Seller shall be released from its obligation by depositing the products at its stores and / or courier and Notice to Customer , including by fax or electronic mail to the addresses indicated in the Order form. In all these cases, the withdrawal of products is borne by the customer.

The delivery costs, calculated on the Website and / or the Order Form, are charged to the customer and, if anticipated by the Seller, will be required to reimburse the customer with inclusion in the receipt / invoice. Always indicative and not limited title, any cash payment has a surcharge of € 4.00 (the marking must be paid CASH ONLY).

The Seller shall make available, through third operator, optional insurance for the delivery of products, to € 3.00 per shipment prize and / or according to different prize indicated in the Website or on the Order Form.

5 Price and payment terms.

 

the price of each product and / or the full price of the Products are indicated on the website and on the Order Form, they are confirmed in the acceptance form of Seller and refer only to sun products and ancillary services for such purpose therein described. For additional performance, such as, but specific deliveries and / or special packaging on request, the relevant fees will be indicated in the appropriate sections of the separate Order Form, with the acceptance confirmation of Seller and insertion in receipt / invoice.

Payment will be made in the manner and within the time specified on the Website and / or in an order form and in any case, at the latest, together with the delivery. If paying by bank transfer, the balance must be credited two working days before delivery, which will be performed only in case of a currency. In case of cash payment, the agent who will deliver the Products is henceforth indicated as the party authorized to receive payment on behalf of the Seller.

The price is indicated, the Website and / or the order form, VAT inclusive.

 

6 Delays in payment. credit recovery expenses.

 

Failure to fulfill the monetary obligation within the agreed time authorizes the Seller to suspend delivery of the Products and any ancillary service until payment and involves the immediate commencement of default of the customer, by application of the conventional rate of interest at a rate determined by Legislative Decree no. 231/02.

The Seller is entitled to compensation for recovery costs of not promptly paid sums, subject to compensation for damages, in accordance with Article 6 of Legislative Decree no. 231/02, which means extended to all relations between the seller and its customers, professionals or consumers.

In case of subsequent partial payments to the invoice and sending the reminder and / or payment formal notice, these payments will be charged to the expense account, interest and capital and will not be accepted various charges.

To this end, the legal costs of credit recovery will be computed in accordance with current rates.

Only to prevent and / or otherwise to counteract assumptions of outstanding orders and / or fictitious orders with inclusion in the form of fancy data Order or untrue, the Seller reserves the right, in accordance to the special report provided in accordance with Legislative Decree no. 30 June 2003 n. 196, to carry out random checks on the IP address of compiling the Order Form, unless damages against him and any other rights inherent in such assumptions.

 

7 Joint and several liability.

 

If the tax records indicate, upon customer request, third party data, the customer is still jointly liable with such third parties for any monetary obligation fulfillment indicated in the Order Form, subject to the obligation of such autonomous entities where required by contract or by law.

Any invoice must be requested at the time of filling in an order form, failing only tax receipt will be issued.

8 Retention of title. Patents and the protection of industrial and intellectual property in general

 

In the event that the Products are delivered before the integral exceptionally fine performance of the obligation, the sale is carried out with retention of title within the meaning and for the purposes of the 1523 and following articles of the Civil Code To this end, the customer buys the property of the Products only upon full payment of the price, assuming the risks from the time of delivery. It means also performed with retention of the sale with distributed delivery and / or fractional payment or deferred, except as said for patented products or otherwise protected by industrial and intellectual property rules in the following paragraphs.

The Customer is aware that some products sold are covered by a patent and in general by the norms of industrial and intellectual property in favor of the Seller, according to specific rights of which individual products enjoy.

The Customer is also aware that the projects and any technical material, demonstration, promotion, advertising, products sold, are protected by the laws of industrial and intellectual property in favor of the Seller.

The Customer is finally aware that trademarks and other distinctive signs or reproduced on the Website and / or the Order Form are in ownership of the Seller or are these used in licensing arrangements, or are owned by third parties and in the latter case, trademarks and other distinctive signs are indicated by the Seller to mere descriptive purposes to illustrate the features and how to use the products without any distinctive value and with no intent to characterize the Products.

Any act that violates the above-described industrial and intellectual property rights constitutes expressly counterfeiting and / or otherwise unlawful use and will be prosecuted according to the law and the contract.

 

9 Termination clause

 

The contract is resolved to the right, pursuant to Art. 1456 cc, to the occurrence of even one of these conditions, if the Seller to the Customer declares that it intends to make use of this clause:

a) failure to pay the price;

b) unjustified refusal to receipt of delivery by the customer and / or his unexcused absence at the time of delivery;

c) in the event that the Customer has purchased products for resale where the resale takes place outside the territory of the Italian Republic;

d) any failure of the Customer and / or its subjection to bankruptcy proceedings and / or other procedures governed by bankruptcy law and / or similar;

e) in other cases in which the failure of the customer is so serious as to affect the contractual trust.

In the case of termination for breach of the Customer, the Seller will retain as indemnity As already charged, without prejudice to compensation for damages.

10 Vices and deformities. Disclaimer.

 

The vices and deviations of the supplied products must be notified within 8 days from the delivery date, only by registered letter with acknowledgment of receipt, if the customer is the end user of the products.

In case the products are intended for a professional or otherwise for resale, the vices and discrepancies must be reported to the Seller within 8 days of the buyer by the further complaint of receipt of the "chain sales" solely by registered letter with acknowledgment of receipt. Failure to report within that period expressly constitutes acceptance of the supply, resulting in renunciation of any action by the Client.

In the event of defects and differences considered obvious, the lack of the essential qualities or promises or sale of one thing for another (so-called "aliud pro alio"), if no verification and subsequent complaint is made within the 8 days from date of delivery, the silence of the customer within this period constitutes an express acceptance of the supply, waiving any action on the part of the Customer.

In no case the customer can cite as just causes of failure to verify and / or report their personal situations or subjective or its employees, co-workers, relatives.

The presence of defects or deviations of the products, even if ritually denounced, does not entitle the customer to the suspension of payments as agreed.

In no case will be considered as serious reasons defects and differences that do not render the totally unsuitable products to their intended use.

The Seller is not responsible in any way for defects and discrepancies resulting from the intervention of third parties not expressly authorized by the same.

In the event that the Seller makes use of collaborators for the execution of its performance, the Seller's liability will in any case be suspended during the time necessary for the conduct of audits with the same employees, but not for less than 90 days time which remains suspended in the months of August and December.

Seller's liability for defects and deviations is governed by the rules on warranties and is in any case limited to the replacement of products.

In any case, the Seller's liability is also excluded:

     1) if the defects or discrepancies were knowable to the customer and he did not ritually denounced them;

     2) if the defects or discrepancies result from instructions or materials provided by the customer;

     3) if the defects or discrepancies are mild and recovery is impossible or excessively onerous;

     4) if the defects or discrepancies arising from how to install / use or the materials used for installation / use;

     5) if the defects or discrepancies result from tampering or technical intervention of unauthorized personnel;

     6) if the defects or discrepancies concern the aesthetics of the product or non-functional character of it;

     7) in case of incorporation / use of the products of the Seller in other product not attributable to the Seller, if the discrepancy is due to the conception of the latter or the instructions of incorporation / use;

     8) in the case of incorporation into the other product Vendor products not attributable to the Seller, if the discrepancy is due to the conception of the latter or the instructions of incorporation / use.

In case of delayed delivery of the products because of the Seller, the Seller's liability is limited to a maximum amount equal to the sale price.

In no event will be recognized as compensation for the damage costs incurred by the Customer independently without the express prior consent of the Seller.

 

11 Changing conditions and order.

 

Changes and additions to these conditions will be effective only if agreed in writing.

Changes the order in relation to the type and number of products, the price of the goods, the consideration for any further subsequent performance acceptance, required by the customer or which are necessitated by technical findings, will be effective in accordance with Article . 1327 cc through the execution had begun by the Seller with the notice of the customer. To this end, the delivery of products or the execution had begun the changes at the customer is ready alert to it.

12 Right of withdrawal for consumers.
Pursuant to and for the Cape effects I of Title III of Part III of Legislative Decree no. 6 September 2005, 206 (Consumer Code, Articles 52 et seq.), The Seller expressly stating that the customer who plays the as a "consumer" under the current law has the right to withdraw from the contract without penalty and without giving any reason, within 14 (fourteen) working days from receipt of the Products. The will to terminate the contract may be communicated: 1. sending the "standard" form to exercise the right of withdrawal, attached to these Conditions of Sale, duly completed and signed;

2. Presenting any other unequivocal statement of its decision to terminate the contract.
The communication can be sent, within the said period, at customercare@tradecaffe.com or at "VS Trade Via G. Marconi, 26 Riposto CT. All communication is considered sent in good time if sending shall take place within terms provided above. It remains subject to the burden of the consumer to prove that he acted promptly and correctly the right of withdrawal.
The withdrawal request, the customer must return the products to the address indicated above, or deliver them to a third party authorized by the Seller to receive them, without undue delay and in any event within 14 (fourteen) days from the date on which you communicate to the Seller his decision to withdraw from the contract. For the purposes of the deadline, the Products are returned when they are delivered to the post office or shipping agent. The Vendor will refund the amount paid within 14 working days from the Customer's communication intends to avail himself of the right of withdrawal, with the option to withhold that payment until actual receipt of the products intact, or until the customer has supplied evidence of having sent back Products, depending on which situation occurs first.
The return of Products expenses are charged to the customer and will not be reimbursed by the Seller.
N.B. In case of return of purchases with free shipping included in the price, it will be deducted from the refund the cost incurred for the shipment of the one-off goods (10.00 euros) which will be deducted from the amount of the refund.

The Customer is responsible for any decrease in value of products resulting from a manipulation of the same different from those needed to establish the nature, characteristics and functioning of the Products.
It specifies that the right of withdrawal referred to in this article is only due to customers individuals who hold the position of "consumer" under the current legislation, being vice versa excluded for customers who do not are of that acting on entrepreneurial, commercial purposes , craft or professional.
In any case, the right of withdrawal is excluded if the sale falls under the exceptions provided in Art. 59 of the Consumer Code, as reformed by Legislative Decree no. 02/21/2014, n. 21, in particular when it has to object:

 

a) the supply of packaged products to specifications or clearly personalized;


b) the supply of products which are liable to deteriorate or expire rapidly;


c) the supply of sealed products that are not suitable to be returned for hygienic reasons or related to the protection of health and were unsealed after delivery;

d) the supply of products that, after delivery, according to their nature, inseparably mixed with other goods.
The Seller therefore reserves to monitor and evaluate the actual case of the possibility of withdrawal and / or the actual decrease in the value of the product in view of the characteristics of the goods sold.

 

13 Jurisdiction.

 

Any dispute concerning the existence, validity, effectiveness, interpretation, termination, compensation for damage and the execution of the proposal and / or the Contract, is responsible exclusively to the Court of Catania.

Remains the competence of the Specialized exclusively in the field of Intellectual Property - will be in the area of ​​enterprise - at the Court of Catania for all disputes referred to in Article 2 of Decree Law January 24, 2012 n. 1 converted with amendments by Law 24 March 2012 n. 27.

14 International Sale. Jurisdiction and applicable law.

 

If the sale on international characteristics, any dispute or question concerning the existence, validity, effectiveness, interpretation, termination, compensation for the damage and the implementation of the proposed order and / or the Contract, expressly governed by Italian law.

In the case referred to in the preceding paragraph, the Italian court has jurisdiction in any event in disputes concerning the existence, validity, effectiveness, interpretation, termination, compensation for damage and the execution of the proposal order and / or the Contract, with express exception of any other jurisdiction.

The choice of the applicable law and the agreement on jurisdiction referred to in the preceding points is expressly considered accepted by the customer with the dispatch of the Order Form.

These general conditions of sale derogate expressly to corresponding rules of the Vienna Convention of 1980 on the international sale of goods that are inconsistent with them.

 

15 Agreement with the consumer.

 

If the customer is a consumer pursuant to Legislative Decree. 6 September 2005. 206 (Consumer Code) and ss.ii.mm. and the 1980 Rome Convention on the law applicable to contractual obligations, are subject in its favor the more favorable provisions of those regulations, with disapplication of the provisions or of the clause elements that are possibly inconsistent and permanence of the effect of the other clauses .

Clauses or aspects of terms of these conditions that may fall within Article. 33, paragraph 2 of Legislative Decree no. 206/05, are not unfair where it results from the Order Form, or otherwise, the respective individually negotiated between the consumer customer and the Seller.

 

16 Reference to industry regulations.

 

Although not specifically derogated from by this Agreement, in addition to the Legislative Decree no. 6 September 2005. 206 (Consumer Code) and ss.ii.mm. for the respective field of application, reference should be made to other regulations applicable with express, but not limited to, reference to Legislative Decree no. 9 April 2003 n. 70 (Implementation of Directive 2000/31 / EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market) and ss.ii.mm.