GENERAL CONDITION OF SALES
1. APPLICATION FIELD
These General Conditions of Sale govern all supply, sale and payment relations between Novelettra Srl (hereinafter referred to as Novelettra) and the Customer. Any derogation and / or supplementary agreement with respect to the text of these General Conditions of Sale will not be valid if it is not formulated in writing and expressly approved by Novelettra and the Customer. Any nullity of one or more clauses of these General Conditions of Sale does not affect the validity of the same as a whole and will have no effect on the validity of the remaining clauses. Any general conditions of purchase drawn up by the Customer will not be applied in the relations between the parties unless expressly accepted in writing by Novelettra and in any case will not invalidate the effectiveness of these General Conditions, with which they must be coordinated. Any tolerance to violations of these General Conditions cannot in any way be interpreted by the Customer as a waiver by Novelettra to exercise the rights and / or faculties provided therein. The purchase of Products by the Customer from Novelettra, in any way carried out, involves the application and automatic acceptance of these General Conditions of Sale. Offers made by Novelettra agents, representatives and commercial auxiliaries are neither binding nor binding.
The prices of the Products are expressed in Euro (€) per single Pc or Mt and are to be understood as Transport, VAT and Taxes excluded. Novelettra informs that multipliers can be applied to calculate the price (D = 10 / C = 100 / M = 1000) depending on the Products purchased. The prices of the Products indicated in the order confirmations are purely indicative and may undergo variations in the event of a change in the price indicated in the current price list, in the event of an increase in supply costs made by the parent company and in the event of a change in actual availability. of the Products themselves.
3. PRODUCTS – USE LIMITATION AND INDEMNITY
Products are not provided as proof of use, except for the possibility of acknowledgment pursuant to point no. 7 (Goods on display). Novelettra assumes no responsibility for the truthfulness and completeness of the technical and functional characteristics relating to the Products it markets as they come from other and different suppliers and / or directly from the manufacturers of the Products. The Customer is responsible for the choice of the Products ordered and for the correspondence and conformity to their needs of the specifications indicated by each manufacturer. The Customer undertakes to use the Products sold by Novelettra only and exclusively for the purposes indicated by the original producers. These purposes, as a rule, do not include the use of the Products in systems of protection and / or support of human life, where a malfunction of a product can cause damage to life, body and human health or loss of large and unusual sums of money. In the event that the Customer should use or resell the Products purchased from Novelettra Srl for one or more of the aforementioned purposes, any consequent liability will remain with the Customer, who thus undertakes to keep Novelettra and the Manufacturer of the Product absolutely harmless from all damages (direct and / or indirect), costs and responsibilities that could derive from the use of the Products in violation of this clause and / or the reservations and precautions for use made by the original manufacturers. All cables are subject to a percentage margin on the total length. In particular: a) for originally packaged skeins, reference is made to the single percentage indicated by the manufacturer; b) for internally cut cables, a percentage of +/- 5% of the quantity ordered is applied, with a margin always applied in compliance with the quantity ordered.
Any requests for quotations do not in any case represent an executive order of sale. In the event of quotes out of validity, Novelettra, in case of acceptance of the quote by the Customer, reserves the unquestionable right to make changes to the prices in the event of changes in the prices referred to in its price list and in the price lists applied by manufacturers.
Orders acquired by the sales organization are subject to the approval of Novelettra Srl, which in any case reserves the right not to accept them. Orders for some specific Products must comply with the minimum packaging / minimum purchase quantities indicated in the estimate and may be subject to any shipping costs charged to the Customer. The timing for the fulfillment of an order varies depending on the availability in stock or at the manufacturer / distributor of the ordered Product. All the material ordered and set aside for the Customer, if not collected within 30 days, will be automatically billed to the Customer.
Any cancellation of the order must be sent to Novelettra by simple written and / or telephone communication and provided that the same has not yet been processed. The cancellation of the order will not be possible in the case of items not managed in stock and specifically ordered from the manufacturer and / or distributor. In case of cancellation of orders, a penalty equal to 15% of the gross value of the canceled goods may be applied depending on the quantity ordered. The Customer authorizes Novelettra as of now to withhold the amount of any penalties from the amounts paid as a down payment at the time of the order.
7. MATERIAL'S VISION
After 30 days from the delivery to the Customer of Products with the purpose of "goods on display", in the absence of confirmation of the return with the relevant delivery note, the material will be automatically invoiced to the Customer. The Product with the purpose of "goods on display" returned by the Customer to Novelettra must maintain all the characteristics of "saleability", must not have been installed, must be in the original intact packaging, must be complete with accessories, instructions, etc. and packaged in such a way that it cannot suffer any damage, under penalty of billing the Product itself at the expense of the Customer. For any damage to the Product found by Novelettra Srl at the time of return, the Customer will be held solely responsible.
Reels charge: where it is agreed that reels owned by the distributor are made available to the Customer, they will be invoiced according to the amounts indicated by the producers. Other packaging: the supply of pallets, slats and / or other packaging will be subject to the possible request for contributions to be calculated according to the amounts indicated by the producers.
9. DELIVERY TERMS
The delivery terms indicated by Novelettra in the order confirmation are purely indicative and have no contractual, essential or binding value. In the event of non-delivery within the terms indicated in the order confirmation, Novelettra cannot be held liable for damages or any penalty and the Customer will not be entitled to any refund or compensation or compensation of any kind. Novelettra reserves the right to make partial deliveries, resulting in the issue of invoices to be paid within the terms agreed in the order confirmation. The delivery of a lower quantity of Products than what was ordered does not release the Customer from the obligation to accept delivery and pay for the Products delivered. Unless expressly agreed in writing to the contrary, the fulfillment of the order by Novelettra beyond the expected delivery terms will not entitle the Customer to request termination of the Contract.
For the transport of the ordered Products, a contribution equal to 3% of the price paid by the Customer is applied, with a minimum of € 3.00 for transport carried out within the province of belonging. Any Product must be considered sold at the Novelettra store and, therefore, the relative transport remains under the exclusive responsibility of the Customer. The customer has the responsibility of verifying, before collection, the integrity of the packages and the quantities of goods received. Special conditions of transport and delivery times must be agreed in advance between the Customer and Novelettra. Novelettra has the right to deliver the Products (also relating to the same order) in several successive deliveries, without prejudice, in this case, to a single charge to the Customer by way of transport costs. Any additional transport costs will be borne by the Customer and communicated in advance by Novelettra.
11. PAYMENT AND UNSOLVED
Any disputes relating to invoices must be received by written communication to Novelettra within 8 (eight) days of receipt of the invoice. After this deadline, the invoices will be considered accepted without reservation. Payments must be made to Novelettra on the established deadline and for the agreed amount. Discounts, rounding and / or allowances are not allowed upon payment of invoices unless previously agreed between the Customer and Novelettra. In case of issuance of draft or bank receipt, the related costs will be charged to the customer. The Customer will not be able to make any offsets with any credits, however originating, against Novelettra. The payment of invoices and / or receipts and / or tax receipts exceeding € 2999.00 must be made exclusively by bank transfer, Riba, Paypal, Check, Pos. All accompanying invoices below € 30.00 must to be paid upon delivery and in cash. Bank checks are not accepted for payment, unless authorized by the administrative office. Any delay or irregularity in payments, even for reasons beyond the control of the Customer, gives Novelettra the right to: a) suspend supplies in progress, even if not related to the payment in question; b) vary the methods of payment and discount for subsequent supplies, also requiring advance payment or the issuance of additional guarantees; c) request, starting from the due date for payment and without the need for formal formal notice, the default interest on the amount still due, to the extent equal to the rate established by the law currently in force for commercial transactions (in in particular, Legislative Decree 231/2002, as amended by Legislative Decree 192/2012 and subsequent additions), without prejudice in any case to the right of Novelettra Srl to request compensation for the greater damage suffered. Furthermore, in the aforementioned cases, any sum due for any reason to Novelettra will become immediately due. The Customer will be required to pay in full for the Products even in the event that exceptions, disputes or disputes arise which will be defined only after the payment of the amount due. In the case of outstanding payments, the sum of € 40.00 will be charged as compensation for recovery costs pursuant to art. 6 of Legislative Decree 231/2002 and, at the discretion of Novelettra Srl, supplies may be suspended.
12. VERIFICATION AND COMPLAINT
The Customer is required to check the goods upon delivery as required by law. Complaints for defects and faults in the Products and / or non-compliance with the order must be reported immediately and in any case within 8 (eight) days of receipt, in accordance with Articles 1495 and 1497 of the current Civil Code. After these terms the Products are considered accepted by the Customer. In the event of complaints for defects and faults in the Products and / or non-compliance with the order, Novelettra reserves the right to carry out any appropriate checks by means of its own representative. Any complaints or disputes on the Products being sold will not entitle the Customer to suspend, or in any case delay, payments before verification by Novelettra.
13.DELIVERY SUSPENTION E DISSOLUTION OF CONTRACT
Novelettra reserves the right to suspend deliveries if the Customer omits even a single payment at the established deadline, is in default with respect to other contracts in general, or to any other obligation contracted towards Novelettra. After the conclusion of the Contract, if the Client's economic conditions change as a result of bills of exchange protests, and / or compulsory enforcement of the Client's assets and / or bankruptcy proceedings initiated against the same, or in the event of non-payment or late payment on the part of the Customer, Novelettra, in addition to what has been specified above, reserves the right to terminate the Contract with immediate effect and communicate the forfeiture of the benefit of the term pursuant to art. 1186 of the Italian Civil Code, also requesting the immediate payment of the overdue and overdue invoices by means of a registered letter with acknowledgment of receipt.
14. PRODUCTS' RESTITUTION
The Products to be returned must maintain all the characteristics of "saleability", must not have been installed, must be placed in the original intact packaging, must be complete with accessories, instructions, etc. and packed in such a way that they cannot suffer any damage, under penalty of billing the Product itself at the expense of the Customer. For any damage to the Product found by Novelettra Srl at the time of return, the Customer will be held solely responsible. Returns must be sent to the Novelettra store where the Products were purchased and / or ordered. In no case will the return of Products without intact original packaging, tampered and / or damaged and / or recovered from systems already assembled, or used improperly, be accepted. In no case will the return of any product which during the sale phase has been subject to "cut by the meter at the customer's request" be accepted, for example electric cables, sheaths, copper braid. The Products found not conforming to the standard specifications and / or in the conditions specified above will be invoiced to the Customer. Returns are not accepted for an amount less than € 20.00. In the case of the return of managed Products (these are the Products normally in the distributor's warehouse), without prejudice to the above conditions, a maximum charge of 15% will be applied, with a minimum of € 10 for each return made. Unmanaged Products cannot be returned (for these we mean products specifically ordered from other suppliers on order of the Customer), unless accepted by the supplier and under the conditions imposed by these. After 60 days from the date of purchase, returns of any kind will no longer be accepted, with the exception of cable reels. For cable reels not returned within the same month of purchase, the following write-down rates will be charged to the Customer: From 1st to 3rd month = 10% - From 4th to 5th month = 15% - From 6th to 12th month = 30% From 13th to 18th month = 60% - From 19th to 24th month = 90% - Beyond 24 months = 100% The credit will not be issued if the returned reels show defects such as to preclude them reuse. A - Sale Through Electronic Invoicing The return of Products sold by invoice must be previously authorized by Novelettra using the appropriate R.M.A. (Return Material Authorization) available in stores and on the website www.novelettra.com. Returns must be accompanied by a regular transport document containing all the details of the purchase document and equipped with a return authorization number. No return, even if authorized, will be accepted without the presence of the document accompanying the goods and if the document itself does not contain the following information: • Personal details of the customer • n. of Material Return Authorization, communicated to the Customer by Novelettra Srl. • code of the returned product and quantity. • reason for return. B - Sale by receipt The return of Products sold by receipt will be accepted only if done within 8 (eight) days from the date of purchase and only upon presentation of the receipt. After the aforementioned term no returns of any kind will be accepted. The return of the Products that occurs on the same day as the receipt will result in the obligation for Novelettra to return the price paid for the purchase to the Customer. The return of the Products that occurs after the date of issue of the receipt will entitle the Customer to receive a Voucher of value equal to the price paid, which can be spent in the same point of sale in which it is issued, within 90 (ninety) days from the date of issue, Beyond this date the voucher loses the terms of validity.
Novelettra does not provide any guarantee regarding the suitability of the Product purchased by the Customer with regard to the type or field of use for which it is used. All legal warranties will be considered void if the operating and use conditions prescribed by the manufacturer are not respected. Defects attributable to normal wear and tear, insufficient maintenance, incorrect treatment, excessive stress or tampering and / or actions by third parties are excluded from the guarantee. Novelettra does not provide any additional warranties on the Products other than those provided by the manufacturer and those provided by law.
16. DAMAGE AND REPARATION
In case of return by the Customer of defective and / or faulty Products, they are bound by the contractual conditions of return and repair provided by the Manufacturer. In any case, upon return, the Customer will be required to attach to the Product, packed in the original packaging, a complete description of the alleged defect. For all Products with a guarantee issued directly by the manufacturer, Novelettra Srl undertakes to provide the Customer with the contact details closest to the manufacturer's assistance network. In no case may the Customer require Novelettra to replace the defective and / or faulty Product returned with another new one from stock, unless authorized by the manufacturer / distributor of the same. Likewise, in no case will it be possible to request a new Product to replace the defective and / or faulty one before returning it. Novelettra informs that waiting times for repairs and / or replacements may vary depending on the manufacturers / distributors. Under no circumstances can Novelettra be held responsible for any delays and / or problems related to repair times. Any transport costs for shipping the defective and / or broken Products to the manufacturers' assistance centers will be charged to the Customer.
17. FORCE MAJEUR
Novelettra will not be liable, except for gross negligence, for the non-execution of the Contract and / or for any delay in the fulfillment of its obligations under these General Conditions. The Customer will not have the right to request termination and / or compensation for damages, if the non-fulfillment derives from: a) causes not reasonably attributable to Novelettra; b) need to comply with laws, regulations, orders, acts or requests of any governmental, civil or military authority, or body or organization that depends on them; c) actions or omissions of the Customer; d) causes of force majeure, such as, but not limited to, fires, floods, bad weather, strikes or similar, demonstrations, lockouts, closures or changes to the factory, embargoes, wars, popular riots, delays or deficiencies in transport, impossibility of obtaining labor or material from the usual suppliers of Novelettra Srl or other similar causes.
18. DAMAGES COMPENSATION
Any liability of Novelettra, whether deriving from the execution or non-execution of the contract, from the guarantee, from an unlawful act or whether it derives from strict liability, cannot in any case exceed the value of the product to which this liability is connected. Under no circumstances can Novelettra be held responsible for loss of profit or loss of profit, or for the lack of use or technical stoppage of the product or any associated machinery, for complaints from the Customer and / or third parties relating to the aforementioned damages or for any other even indirect or consequential damage.
Novelettra and the Customer undertake not to use and not to disclose, disclose and / or disseminate directly, indirectly to third parties, through a third party, organization or company, by any means and in any way, the news and / or information that is objectively or subjectively confidential. of which it became aware on the occasion and / or in the fulfillment of the contractual relationship between them.
20. PRIVACY INFORMATION D.lgs. n. 196/03 e GDPR 679/2016 art.13
In compliance with Legislative Decree n. 196/03 and GDPR 679/2016 art.13 Novelettra informs that the personal data collected will be processed with paper and computer tools at all stages and for all related contractual and law fulfilments, during visits and / or telephone calls; requests via e-mail, telephone, written; acquire commercial data and information; manage and control risks; prevent possible fraud, insolvency or default; carry out the operations necessary to fulfill orders and other requests; prevent and manage any disputes; take legal action in case of need; manage accounting and tax obligations; manage administrative, accounting, civil, fiscal obligations, prepare and submit civil and fiscal declarations and documents, provided for by laws, regulations, community and extra-community laws and directives.
21. INTELLECTUAL PROPERTY
If the object of the sale is software or other intellectual property, the same will be provided by Novelettra to the Customer together with the copyright and use license, the conditions of which are stipulated in accordance with the license agreements that accompany the software or intellectual property. Nothing contained in this clause may be construed as recognition of any right or license to use any software or other intellectual property and / or as authorization to use it for a purpose not expressly permitted by the license agreement.
22. PROPERTY RESERVE
Novelettra remains the owner of the Products until full payment of the same by the Customer.
23. COMPETENT COURT
These General Conditions and the related supply contracts will be governed by Italian law. For any dispute relating to purchases, orders, including in the matter of drafts and / or bank receipts, and / or in any case connected to the relations between Novelettra and the Customer governed by these General Conditions, the Court of Alessandria is exclusively competent. Notwithstanding the foregoing, Novelettra reserves the right to act at the Customer's court. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the relations between Novelettra and the Customer governed by these General Conditions.
Any document issued and / or transmitted (and any attachments) by Novelettra remains the property of the latter and cannot be communicated to third parties or reproduced without the prior written consent of Novelettra. Novelettra reserves the right to assign any credits deriving from the contract to third parties at any time, upon written notice to the Customer.
Novi ligure, 1st January 2021