GENERAL CONDITIONS OF SALE
The commercial relations between ECOSERVICE DI SANTARELLI PAOLO and Customers are governed exclusively by the following general conditions of sale, excluding any other agreement, unless agreed in writing; placing an order online through the CUSTOMER'S RESERVED AREA (www.es-ecoservice.it/www.es- ecoservice.com), or the order confirmation sent by e-mail or PEC, or the signing and forwarding of pro- forma note or any other equivalent document indicating the type and quantity of goods ordered, implies acceptance of the following conditions.
ECOSERVICE DI SANTARELLI PAOLO sells exclusively to resellers and parties who have, pursuant to current trade regulations, the authorization, resulting under the “Activity” item in the Chamber of Commerce Registration, for the resale of office, computer and consumable material. Registration requests received from parties other than those mentioned above may be accepted or rejected at the sole discretion of ECOSERVICE DI SANTARELLI PAOLO. In any case, registration requests without indication of the Customer's identifying VAT number and/or Tax Code shall be rejected.
Orders are accepted only and exclusively if sent in writing or received electronically.
The Customer who sends the order “online”, at the end of the procedure shall receive a confirmation message by e-mail stating that the order has been received, the summary of the order made including prices and quantities with the attribution of the relative “order number”. The confirmation of the order by ECOSERVICE DI SANTARELLI PAOLO involves in turn sending an email notification to the email address provided by the user at the time of registration. It should be noted that depending on the actual availability of products found by the reference Salesperson of ECOSERVICE DI SANTARELLI PAOLO and/or prior agreement reached with the Customer through any channel (telephone, e-mail, etc..): products, quantities and related prices indicated in the Order Confirmation may vary from those entered at the time of the order by the Customer. It should also be noted that at the time of Order Confirmation or even at subsequent stages of order processing by ECOSERVICE DI SANTARELLI PAOLO, the Customer may be charged additional ancillary costs, such as by way of example, the cost of shipping or even partial execution of the order may occur. ECOSERVICE DI SANTARELLI PAOLO, at its sole discretion, reserves the right not to take charge, not to accept and / or cancel orders for goods received through any channel that are of a total amount less than 100 Euros (excluding VAT). At the express request of the customer, orders for an amount less than 100 Euros (excluding VAT) may be taken over by ECOSERVICE DI SANTARELLI PAOLO, but shall be processed only against additional orders from the customer and until the total amount is not less than 100 Euros (excluding VAT).
All prices included in the catalogue on the website www.es-ecoservice.it/www.es-ecoservice.com or communicated through other channels to the Customer are intended to be dealer prices - excluding VAT. The selling price is as stated in the order confirmation. Prices and any discounts may be changed at any time, without prior notice, unless otherwise agreed in writing or by agreement between the parties. In the event that an incorrect price is published, for any reason whatsoever (information systems error, human error, etc.) the order may be cancelled even in the event of initial validation and the product may not be delivered, unless the ordering party decides to proceed with the order and accepts payment of the correct price.
In the Catalogue of products published on the website www.es-ecoservice.it/www.es-ecoservice.com, in the space relative to the "availability" information, the quantities of product present in prompt delivery at ECOSERVICE DI SANTARELLI PAOLO's warehouse are highlighted, updated at most every 6 hours, as an alternative to the indication of the actual quantities, qualitative information relative to the availability of the products can be indicated with the indication of: high, medium, low, no availability. Since the access and the possibility of placing orders “online” change product availability in real time, ECOSERVICE DI SANTARELLI PAOLO does not guarantee the certainty of allocation of the goods ordered, until the order itself is visible in the area “My orders” with the status “on delivery” and / or “delivered”.
SHIPPING AND DELIVERY
Product shipments, with delivery throughout Italy in the purely indicative terms of 24 - 48 working hours from order confirmation and in Europe in the purely indicative terms of 5 - 7 working days, unless otherwise agreed between the parties, shall be made by carriers chosen by ECOSERVICE DI SANTARELLI PAOLO and shipping costs will normally be charged to the Customer on the invoice. The indicative delivery time mentioned above may be subject to changes due to force majeure or due to traffic and road conditions in general or by act of authority. Delivery, unless otherwise agreed in writing between the parties, shall take place by truck and during office hours: from 8:30 a.m. to 12:30 p.m., 2 p.m. to 6 p.m. on all working days, Monday to Friday. ECOSERVICE DI SANTARELLI PAOLO performs - upon request - a drop- shipping service on behalf and in the name of the customer. For orders handled with this service and for an amount less than 100 Euros (excluding VAT), in addition to the relevant Shipping Costs, additional management costs (Handling Fees) of a fixed amount of 4 Euros (excluding VAT)shall be charged to the Customer.
Assuming that the carrier is chosen –for any reason - by the Customer, ECOSERVICE DI SANTARELLI PAOLO shall not be liable for the loss and/or damage of the product from the time of delivery of the goods to the carrier at its warehouses.
The goods are shipped in a free port, insured and charged to the invoice; in the event that the goods are shipped in the assigned port, upon the Customer's instructions, the risk shall be understood to be borne by the Customer from the delivery of the goods to the carrier from its warehouses. Upon delivery of the goods, the Customer must verify the integrity of the packages and the quantitative and qualitative correspondence with what is indicated in the accompanying document (DDT). In case of discrepancy, the same must be reported on the same accompanying document and confirmed within 10 calendar days by fax or by registered mail with return receipt to ECOSERVICE DI SANTARELLI PAOLO. Even if the packaging is intact, the goods must be checked within 10 calendar days of receipt. Any anomalies resulting from damage, or transport must be reported in writing to ECOSERVICE DI SANTARELLI PAOLO within 10 calendar days of receipt. Any report, beyond these terms, shall not be taken into consideration and shall not be effective. For each statement, the Customer assumes full responsibility for what is declared. The supply is made with the reservation of title clause in favor of ECOSERVICE DI SANTARELLI PAOLO pursuant to art. 1523 of the civil code and subsequent amendments. If the customer/purchaser delays in the payment of the amount due, the company ECOSERVICE DI SANTARELLI PAOLO, owner of the goods supplied, may terminate the contract and request the immediate return of the goods.
The goods supplied must be paid for in the manner agreed with ECOSERVICE DI SANTARELLI PAOLO. The payment conditions agreed with the Customer are made available for viewing by the Customer in his Reserved Area. ECOSERVICE DI SANTARELLI PAOLO reserves, at its sole discretion, the right not to proceed with the shipment of the goods, even after accepting the order, to those Customers who are “out of credit”, or with “outstanding” or in “litigation” or even with non-irrevocable and / or confirmed bank transfer.
The return of flawed and/or defective goods that are not in accordance with the contract and unsuitable for their normal use, to ECOSERVICE DI SANTARELLI PAOLO, must be requested by filling in the Return Form (RMA) downloadable in the download area of the website www-es-ecoservice.it, with the detailed indication of the specific reasons for the request itself, citing the references of the invoices and/or DDT and must be expressly authorized by ECOSERVICE DI SANTARELLI PAOLO, after verification of the goods and possible issuance of credit note; in this case the costs of returning and redelivery of the goods shall be understood to be borne by ECOSERVICE DI SANTARELLI PAOLO. The return of the goods with the issuance of a credit note is always expressly excluded if the purchaser complains of the lack of functionality of the same in the face of the updating of the firmware of the machinery where it is installed; in this case Ecoservice di Santarelli Paolo shall provide for the withdrawal of the goods at the purchaser’s expense, the free updating of the chip and the redelivery of the same at the purchaser’s expense, without the issuance of a credit note. The return of the goods must be made after authorization and assignment of the Return ID number. The return of merchandise also remains excluded in the case of items that are still sealed, undamaged and unused, as well as used for more than 50% of their capacity, unless otherwise agreed commercially.
Any shipping errors or missing materials must be reported, in writing and/or online within 10 days of receiving the goods.
The Product Warranty has a duration of 1 year from the date of purchase of the product itself, a period beyond which ECOSERVICE DI SANTARELLI PAOLO is considered free from any obligation to the Customer. For the entire duration of the Warranty, the Customer has the right to request and return and obtain the replacement of the defective product (with the exclusion of any non-functionality better described in point 10), without any charge whatsoever, subject to notification to be made within 8 days of receipt of the goods. The Warranty shall not be recognized on empty or otherwise used products. The Warranty shall also not be recognized for defects caused by improper use or mishandling of the product by the Customer or End User. All Warranty claims of the Customer with insolvencies, even partial, on overdue payments, even referring to different supplies, shall be rejected. It will be possible, at the sole discretion of ECOSERVICE DI SANTARELLI PAOLO, to accept the return under Warranty, attaching proof of payment at the same time as sending the Return Form (RMA).
Pursuant to Legislative Decree No. 196 of 30 June 30 2003 and subsequent amendments and additions, the Customer acknowledges that “personal data” communicated and/or exchanged, even during pre- contractual information, shall be processed in accordance with the decree itself, for the effects and purposes referred to in art. 24, paragraph 1, lett. b) and subsequent amendments and additions thereof. It is also understood that the Customer expressly consents to the transfer of “personal data” pursuant to and for the purposes of Article 43, paragraph 1, lett. b) of Legislative Decree 196/2003 and, in any case, to their communication and dissemination.
For any disputes that may arise, the Court of Macerata shall have exclusive jurisdiction.
The conditions contained herein may be changed, without prior notice, and shall be effective from the date of publication on www.es-ecoservice.it/www.es-ecoservice.com.
Pursuant to and in accordance with Art. 1341 of the Italian Civil Code, the Customer declares that he/she has carefully read the General Terms and Conditions of Sale in all their points and, after careful rereading, expressly accepts all their clauses, including, specifically, the following clauses: Art.3 (Orders), Art.4 (Prices); Art.5 (Product availability); Art.6 (Shipping and Delivery); Art.8 (Risk and Ownership); Art.9 (Payments); Art.10 (Return of goods); Art.11 (Complaints); Art.12 (Warranties); Art.14 (Disputes).