GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE
1.1 Dear User, the Website www.negrilame.com (hereinafter, the “Website”) is owned and run by Negri Lame Srl. (hereinafter, “Negri Lame”), whose operational and legal headquarters are located in Via Bernina 19, 21, 23, (27010) Siziano (PV) – Italy, VAT Number 01894200185.
1.3 With the expression “online sales contract” we refer to any distance contract concluded between Negri Lame and a CUSTOMER whose object is a legal transaction of movable assets.
1.4 For certain categories of Users the use of some specific services offered on this site, could involve the application of the present Use Conditions but also the application of the General Sale Conditions.
1.5 The access to the Website or to any of the information therein contained, as well as the access to any service offered, implies that the User accepts and agrees to comply with the Use Conditions and the General Sales Conditions. With the access to the Website, all the Use Terms and all the other General Terms and Sale Conditions, are considered as known and accepted: hence, the User is required to carefully read, print and save this document before accessing the Website.
1.6 Negri Lame reserves the right to modify and/or update all or part of the Use Conditions and Sale Terms and Conditions at any time by publishing new terms or conditions. By using the Website, the User implicitly accepts all amendments and updates to the aforementioned conditions. In case of disagreement with any of the points of the Conditions, the User should immediately discontinue the use of the Website.
2. User Status
2.1 The use of the Website grants the status of User.
2.2 Registration is not required for simple navigation.
2.3 Registration is necessary for the execution of orders and in order to visualize the applicable prices of the products. The registration will be carried out through the form provided on the Website.
3. Registered Users
3.1 For the registration Users must:
• Be at least 18 years old;
• Possess all the necessary requirements to be able to enter into legally binding contracts;
• Be a professional/company and therefore possess a valid VAT number;
• Possess a valid email address;
• Possess a valid bank account / PayPal account for payments.
3.2 The login credentials (User Name and Password) of each registered User, provided during the registration procedure, will be safely stored by the User and will not be disclosed to third parties. All the information is considered to be strictly personal and may not be transferred to third parties.
3.3 All Users declare, under their sole responsibility, that the information provided during the registration process is complete, correct, and truthful. Negri Lame will not be held liable for any consequences which may derive from the insertion of false, incorrect, or incomplete information during the registration process.
4. Business Users
4.1 Customers registering on the Website should be professional users/business Users. Business Users are those who use the Website for professional purposes in the pursuit of their profession. These users possess a VAT number. The category includes, by way of example: sole proprietorships, professionals and partnerships or limited companies.
4.2 All Users are responsible for entering their correct data upon registration (in particular, their VAT number). The insertion of incorrect data will prevent the order from being fulfilled.
4.3 Foreign companies, which do not have a VAT number, must contact Negri Lame’s customer service before making a purchase.
5. Applicability of the General Use Conditions and the other General Terms and Conditions of the Website.
5.1 The Terms and Conditions of the Website will be applied to all Users, as established in the introduction.
5.2 All contracts for the sale of goods made through the Website with a User will be disciplined by the General Conditions of Sales (hereinafter GCS).
5.3 The contracts for the sale of goods made through the Website will be archived in Negri Lame’s database for the time necessary for their execution and, in any case, in accordance with the law. The Users can access the contract for the sale of goods through their personal account in “My Orders” section.
6. Guarantees provided by the User
6.1 The User declares and ensures that:
– The information provided through the registration process is correct, truthful and accurate.
– The User will update the information provided at the registration through the specific User-profile editing function.
– The User will use the Website correctly, in compliance with the General Conditions of Sale and any other instruction published from time to time on the Website.
6.2 The User assumes all responsibilities to Negri Lame and to third parties with regard to the accuracy and conformity with the truth of the information published.
6.3 Negri Lame declines every responsibility for any consequences which may derive from the insertion of false, wrong, incorrect or incomplete information during the registration process.
7. Restrictions on the Use of the Website
7.1 When accessing or using this Website, the User agrees not to:
• use automatic devices, software, or other systems intended to damage the Website, the catalogue of the Website or any information therein contained;
• use automatic devices, software, or other systems to interfere or attempt to interfere with the functions and services of the Website;
• use the Website Contents or perform framing activities of the Website, also and especially with the aim of creating or filling in databases or other types of information gathering or engaging in any competitive activities in regard to Negri Lame;
• upload, post, transmit, send advertising material, messages or commercial spam information, invitations to tender or competitions, junk email, surveys, or other any other type of unrequested solicitation;
• use the Website or any content of the Website in a way that could be considered, at Negri Lame’s discretion, not reasonable and/or contrary to the purposes for which it has been made available;
• violate any rights, including the right to copyright, trade secret, privacy, or any other intellectual property rights or other reserved rights;
• forge his/her/its identity or perform acts with the purpose of obtaining money, passwords or personal information;
• violate any applicable legislation provision;
• publish, sell, trade, or exploit the Website and/or its content in any way unless under express authorization by Negri Lame;
• upload or try to upload viruses, worms, codes, files or other elements that could eventually cause damage to the Website, or to software, hardware, and other telecommunications tools of third parties.
8. Right to limit the Website use to Users
8.1 At its sole discretion, Negri Lame reserves the right, under its own absolute discretion, to block the functionality of a registered User account, in case of a violation of one or more General Use Conditions of the Website, of the GCS and any instruction published from time to time on the Website.
9. The Website
9.1 The Website allows its Users to buy industrial knives and other related or accessory products.
9.2 A support line is available to provide information and explanations with regard to the products and purchasing procedures. The CUSTOMER Service line is active from Monday to Friday, from 8.00 a.m. to 5.00 p.m., at the following e-mail address email@example.com or the following telephone number +39 0382610490.
10. Prices and Rates
The prices indicated do not include the VAT, the costs of preparation and packaging of the goods and the shipment costs are related to a specific number of products. By selecting the different quantities of products, the User will be able to see the relative prices and fees.
10.2 Shipping costs
The shipping costs can be calculated by the User through the specific features available on the Website and they will be specified separately before the User completes the purchase.
10.3 VAT, DUTIES AND CUSTOMS DUTIES
The User should be made aware that, in case of shipments to countries outside the European Union, the price is not inclusive of VAT (which may eventually be charged by the destination country), customs fees and duties imposed by the country of destination. The Customer will eventually have to pay such customs fees in accordance with the modalities and rates of the country at the delivery of the goods.
Users will not be charged with the VAT in the event of the goods being shipped to a foreign country. Users will in anyway be charged with the VAT in the event of goods being shipped to Italy.
The User is hereby reminded that, pursuant to articles 3 and 4 of the Website General Terms and Conditions, failure to enter correct data (in particular the VAT number) will prevent the order from being fulfilled. Moreover, Users, who do not have a VAT number (for example, foreign companies), must contact the Supplier’s customer service before making a purchase.
11.1 All payment processes on www.negrilame.com are managed in order to minimize the risk of fraud.
11.2 Whatever method of payment the User chooses, PAYPAL or ADVANCE BANK TRANSFER, all data will be managed on a secure and encrypted server.
11.3 PAYPAL PAYMENTS
In case of payments via PayPal, all the financial data of the User will be handled directly by PayPal and will never be shared or shown to www.negrilame.com, which will only receive the confirmation that a payment has been made to its PayPal account.
If the order is cancelled (either by the CUSTOMER or by www.negrilame.com) the amount will be refunded to the User’s PayPal account.
11.4 ADVANCE BANK TRANSFER PAYMENTS
The bank transfer must be done to:
Negri Lame S.r.l.
Banca Nazionale del Lavoro
Fil. di S. Giuliano Milanese (MI)
IBAN IT27 Q 01005 33730 000000001839
As purpose of the credit transfer, the User must write the number and the date of the order, indicated in the confirmation e-mail. The amount transferred must correspond to the total amount of the order, if not, the goods will not be shipped.
For payments made by bank transfer, Negri Lame reserves the right to cancel the ORDER if the payment is not credited within 3 days from the date of purchase.
Users choosing this payment method will be granted a 2% discount on the amount of the order (net of tax, shipping costs and other additional fees). The discount will be automatically calculated and applied at checkout.
12. INTELLECTUAL PROPERTY
12.1 All contents that are published or accessible through the Website are protected by the laws on Copyright and industrial property currently in force.
Negri Lame is the owner of the Website and is in any case entitled to using the Website, the Website pages, and the information or any other element contained in texts, documents, pictures, drawings, graphics, softwares, codes, logos, brands, brand names or any other distinctive marks protected by intellectual property and industrial rights.
12.2 The User, without a prior authorization from Negri Lame, is not allowed to reproduce, change, decode, distribute, copy and disclose any of the aforementioned elements or information.
13. Third Parties Links, Banners and advertisement
13.1 The Website may contain links to other websites managed or owned by Third Parties, banner ads directly or indirectly connected to websites that are owned or managed by third parties and advertising material in general.
All Users, by accessing such websites, recognize and accept that they are leaving the Website at their own risk, being well aware that the General Conditions on the use of the Website, the applicable GCS and any instructions published from time to time on the Website, do not regulate the entry and browsing on the aforementioned websites owned by third parties.
All ads shown on the Website do not entail adhesion or recommendation by Negri Lame.
13.2 The Website may contain references and contact details of third-party companies offering complementary services: all relationships between them and the User will be managed by the User in full autonomy and will be regulated by specific agreements between the User and the aforementioned third parties. Negri Lame declines all responsibilities and excludes any warranties for the services offered by third parties on the Website.
14. Disclaimer of liability
14.1 Negri Lame publishes information on its Website www.negrilame.com, nevertheless Negri Lame declines all responsibilities in case of potential technical inaccuracy and/or typographical errors.
Once made aware of any mistake that may have occurred, Negri Lame will immediately correct it. Negri Lame furthermore reserves the right to correct and amend the Website, if necessary, without providing any notice.
14.2 Negri Lame does not guarantee the conformity of the information published on its Website with the laws of the competent jurisdiction for the User.
14.3 Negri Lame declines every responsibility for potential problems, damages, viruses or risks that may have occurred to the User while using the Website and further declines all responsibilities for potential anomalies in its functioning, for the deactivation of the cookies in the browser on behalf of the User. The User is invited to read and expressly accept the Privacy Notice relative to the management of the cookies.
14.4 Negri Lame does not assume any responsibility as to the incorrect use made by third parties of the log-in credentials of the registered Users, which remain the only subjects responsible to Negri Lame and third parties of the correct use of the aforementioned log-in credentials.
14.5 Negri Lame does not grant continuous and uninterrupted access to its Website and services, which can be subject to factors, also of technical nature, that are out of the control of Negri Lame.
14.6 Negri Lame declines every responsibility with regard to the management of priced services and of any possible reimbursement demanded by third parties.
14.7 Negri Lame declines every responsibility with regard to any consequence that the User or third parties may suffer consequently to the insertion of false, incorrect or incomplete information during their registration.
14.8 In all the cases mentioned above, Negri Lame excludes every warranty and will not in any way be subject to responsibility in case of economic losses, start-up losses, commercial reputation damages, direct, indirect or consequential damages which may derive from the use of the Website and the services offered therein.
14.9 Any eventual refund to the User or to third parties consequent to the assessment of the responsibility of Negri Lame will not in any case exceed the amount of Euros 1.500,00.
15. Applicable Law and Jurisdiction
15.1 The access and use of the Website by the User are subject to Italian law.
15.2 In case of a dispute concerning the access and/or use of the Website by a User, the Court of Milan (Tribunale di Milano) will have exclusive jurisdiction over the matter.
These Website terms and conditions were last updated on 30/12/2021.
GENERAL CONDITIONS OF SALE
1. SUBJECT – EFFECTIVENESS
1.1 As defined in the General Terms and Conditions of Use of the Website, these General Conditions of Sale (hereinafter, GCS) are applicable to all orders placed through the Website www.negrilame.com (hereinafter the “Website”) by any User (hereinafter the “CUSTOMER”) towards Negri Lame S.r.l. (hereinafter the “SUPPLIER”) and they completely regulate all current and future supply relationships and possible disputes between the CUSTOMER and the SUPPLIER.
1.2 The present GCS are published in the section “Conditions of sale” of the Website in favor of the CUSTOMER for their reproduction and conservation in accordance with Art. 12 of Leg. Dec. No. 70/2003. The GCS are considered as known and accepted, even if not subscribed, as a consequence of the simple access to the Website or the submission of an order through the features of the Website.
1.3 If one or more of the clauses contained in the GCS were declared null, invalid, ineffective or illegitimate, in whole or in part, by the judicial authorities or by court of arbitration, there would be no consequences as to the validity and effectiveness of the other clauses or the remainder of that clause.
2.1 Each order must be sent through the specific section of the Website, where the CUSTOMER will have to specify the quantity of the products it intends to buy.
2.2 The Supplier will accept orders up to the maximum number of pieces available indicated for each item, for the standard items indicated on the Website. For orders of larger quantities or non-standard products, the CUSTOMER will have to contact Negri Lame S.r.l. through the appropriate section of the Website.
2.3 In any case, the SUPPLIER will not be bound to selling the products to the CUSTOMER before the receival of a confirmation of payment or the total amount of the payment. Ownership of the goods passes to the CUSTOMER when the corresponding monetary amount is received by the SUPPLIER.
2.4 All orders become irrevocable and binding on the CUSTOMER immediately after they have been placed.
2.5 Orders will be confirmed and become binding on the SUPPLIER after the CUSTOMER receives a confirmation of the order, which follows the receival of the payment, in accordance with the provisions of Art. 4. All CUSTOMERS are hereby informed that pressing the “Submit your order” button will send a binding purchase order which commits the Users to paying the price of the goods included in their “cart”.
2.6 If the payment is not received within 3 days from the placement order or if the User pays an incorrect amount, the order will be suspended and the goods will be made available for sale to other CUSTOMERS. Consequently, Negri Lame does not guarantee the availability of the ordered goods in case of payments made beyond 3 days from the Order confirmation. Late-paying CUSTOMERS must wait for the goods to become available again without this entailing any breach on Negri Lame’s part.
2.7 The CUSTOMER may check the status of the order in the section of the Website dedicated to such purpose:
– when a Customer choses the advanced bank transfer as payment method, the order will appear as “pending” until payment is received by the Supplier. Once payment is received the status will change to “processing”.
– when a Customer choses Paypal as payment method, and therefore payment is immediately received, the status of the order will be “processing”.
Once the order has been carried out by the Supplier the status will change to “entrusted to DHL”.
Every time the status of the order changes, the Customer is notified by email.
3. DELIVERIES – QUANTITY
3.1.1 Once an Order is complete, the products will be shipped by courier (DHL).
Deliveries to the carrier are made within 3 days from the receival of payment for the order. When the carrier receives the goods, the goods travel at the CUSTOMER’s own risk.
18.104.22.168 The arrival times of the goods depend on the times of transit of the shipments on the basis of their destination.
22.214.171.124 The dates of delivery and arrival of the goods are not binding and serve only as a reference for the parties. The Supplier will make sure to undertake all reasonably possible actions to ensure that they respect the fixed terms. The fixed delivery dates are merely indicative and the delivery deadline is not essential. The SUPPLIER will not in any way be responsible for eventual delays in the delivery of the products caused by (i) force majeure causes as defined in Article 10, or (ii) inadequate instructions for the delivery of the products of the CUSTOMER or of any other instruction relating to the sale of Products, (iii) delays of the subcontractors of Negri Lame.
3.2 If the SUPPLIER fails to deliver the products, its liability will be limited to the difference between the price originally provided and the cost sustained by the CUSTOMER to obtain, at the lowest available price on the market, the same amount of substitutive products, of the same features and quality.
3.3 Irrespective of what is established in article 3.1, the terms of delivery will not be effective until the receival by the SUPPLIER of the payment made by the CUSTOMER.
3.4.1 The minimum order quantity (MOQ) is of five (5) units. Orders of higher quantities of products, will be subject to a discount, as specified below:
– at least 10 units – 5% discount on net amount
– at least 20 units – 10% discount on net amount
– at least 50 units – 20% discount on net amount
The discount will be automatically applied at checkout.
3.4.2 Each delivered and invoiced order of more than 50 unites cannot exceed or be lower than 5% of the agreed quantity of the order. The CUSTOMER accepts this tolerance limit. Within the limits of these variations (+/-5%), the CUSTOMER it not entitled to raising any objection or complaint.
4 PRICE – PAYMENT
4.1 The products are billed in accordance to the price indicated on the Website by the Supplier, after deduction of any applicable discount, if any.
4.2 The prices do not include the costs of preparation and packaging, the VAT and the shipping costs. The User is hereby informed that he/she/it can calculate the shipping costs through the specific features available on the Website.
4.3 The total price of the supply, including the shipping costs and the preparation and packaging costs, will be indicated in the “cart” section, as well as any applicable discount.
4.4 VAT NUMBER, CUSTOM DUTIES AND CHARGES
In case of exports towards non-EU countries, the indicated price will not include the VAT (which should be payed by the User with the methods and rates of the country of destination, upon delivery of the goods), custom charges and duties. In case of a shipment of goods towards a third country, the User will not be charged with the VAT. In case of shipments towards Italy, the User will in any case be charged with the VAT.
Please be aware that, pursuant to articles 4.2 and 4.3 of the General Terms and Conditions of Use of the Website, failure to enter correct data (in particular the VAT number) will prevent the order from being fulfilled. Users, who do not have a VAT number (foreign companies) are hereby reminded that they must contact our customer service before making a purchase.
4.5 Available Payment Methods:
-Advance Bank Transfer.
4.6 The payment will be confirmed only after the receival of the exact amount indicated in the order.
4.7 In case of a payment via advance bank transfer, the Supplier reserves the right to cancel the order should the payment not be accredited within 3 days from the purchase date.
4.8 In the event that the payment is not received within 3 days from the order or if an incorrect amount is paid, the order will be suspended and the goods will be made available for sale to other customers. Negri Lame does not guarantee the availability of the ordered goods in case of payments made beyond 3 days from the order.
Late-paying CUSTOMERS must wait for the goods to be available again without this entailing any breach on behalf of Negri Lame.
5 RETENTION OF TITLE- RISKS
5.1 The CUSTOMER will become the owner of the products only after the receival by the Supplier of the total amount of the payment. The payment is considered as fulfilled when the relative sums are available for the Supplier, in accordance with art. 4.6.
The SUPPLIER is entitled to undertaking all the available legal actions required or necessary to preserve and ensure its rights under the applicable national law.
5.2 After the goods have been shipped, under Art. 3, the risks related to the damage or loss of the products fall on the CUSTOMER.
5.3 The SUPPLIER is entitled to requiring the payment of the price of the products, regardless of the fact that the possession of the goods has passed on to the Customer.
5.4 Any down payments made by the CUSTOMER can be retained permanently by the SUPPLIER.
6.1 From the date of delivery up until twelve (12) months later, the SUPPLIER guarantees that the products will be:
6.1.1 in compliance with all the specifications described on the Website;
6.1.2 free from defects of materials and fabrication.
6.1.3 of satisfactory quality.
6.2 The SUPPLIER does not grant the suitability or adaptability or compatibility of the products with CUSTOMER’S needs and requirements, for the manufacturing of finished, semi-finished and intermediates products, for the incorporation of products in other products, for the use of the products with any machinery or instruments.
6.3 Any technical advice provided by the SUPPLIER, orally or in writing, does not change the fact that the CUSTOMER will have the sole responsibility to select products that are suitable for the use they are intended for, to check with all available means the compatibility and suitability of the products.
6.4 The Supplier’s warranty of the products is expressly excluded in case of:
6.4.1 Changes or alterations of the Products made by the CUSTOMER.
6.4.2 Incorrect use, irregular conservation of the products (in particular the violation of the instructions received from the SUPPLIER regarding the preservation and the use of the products)
6.4.3 Negligence or omitted custody of products by the CUSTOMER;
6.4.4 Products deterioration or wear.
6.4.5 Complaints non-compliant with the methods and time-frames established in art. 7
6.5 The warranty is expressly excluded in case of:
– shade discrepancies, lack of uniformity, small irregularities in the shape of the knives, which are considered acceptable in accordance to the standards commonly used in the sector.
6.6 The CUSTOMERS commit to informing their customers, suppliers or contractors/subcontractors with adequate means about the conditions and limitations related to the conservation, deterioration/wear of products.
6.7 The Customer is aware that the products are dangerous, especially if used by non-professionals, incorrectly and irresponsibly. In any case, the Supplier expressly declines any responsibility which may derive from damages to individual and objects because of the products.
6.8 Within the limits established by law, any ulterior warranty is excluded with reference to what is established in the present GCS.
7. CHECKS AT ARRIVAL – COMPLAINTS
7.1 All products must be examined and checked by the CUSTOMER when the delivery takes place, in order to control the integrity of the packaging and the product. In case of damages to the packaging or products the CUSTOMER must immediately notify that to the carrier and to the SUPPLIER.
7.2 The CUSTOMER, under penalty of forfeiture, within 5 (five) working days from the receival of the goods (as provided for in Art. 7.1) shall inform the SUPPLIER in writing of any defect or element of difformity of the products that is recognizable after a reasonable control (obvious defects), without prejudice to any claims in respect of the carriers. The shipment will otherwise be considered as accepted by the CUSTOMER and the SUPPLIER will no longer be responsible for any possible defect and difformity of the delivered products.
7.3 If the delivered products are deformed or faulty for reasons not depending on the CUSTOMER, and the defects and divergence are not immediately recognizable after a reasonably accurate check, (“vices and hidden defects”), the CUSTOMER has to inform the SUPPLIER within three (3) working days after the discovery of the defect or non-compliance. The SUPPLIER will not otherwise respond of vices and hidden defects.
7.4 In no case the SUPPLIER will be held responsible for defects or difformities of the products recognizable or discovered after more than twelve (12) months from the date of Delivery.
7.5 The CUSTOMER as soon as a defect or an element of difformity is discovered has to take all the necessary measures, including the immediate interruption of production, in order to limit any harmful consequences that could derive from such defects.
7.6 If the CUSTOMER detects an element of difformity or a defect in the product, he/she/it has to activate the procedure to return the goods as explained in Art. 9.
7.7 It is intended that any variation found in the products with respect to the drawings, brochures, images published on the Website and advertising (which constitute a mere reference) should not be considered a defect. The Customer will only be able to lodge a complaint when the defect or difformity element have been identified with regard to the technical sheets available on the Website.
7.8 The SUPPLIER will repair or replace the defective Product within the terms necessary for the production and delivery of the new products. If the SUPPLIER does not intend or is not able to repair or replace the product, or if, for any reason, the repair or replacement is unsuccessful, the CUSTOMER can terminate the contract or cancel the order. A product in considered not repaired or replaced only after two repairal or replacement attempts.
The eventual right of the CUSTOMER to a compensation for damage will be subject to the terms referred to in Article 7. The CUSTOMER will keep the defective products that have been replaced at the disposal of the SUPPLIER or he/she/it will return them to the SUPPLIER after proper authorization, in good condition, and as far as possible in their original packaging. The costs associated with the transport of such products as well as the transport of the products delivered as replacement or after repairal will be sustained by the SUPPLIER.
The CUSTOMER will destroy all the defective products only after receiving express declaration of consent by the SUPPLIER. The operation will be carried out at the expense of the SUPPLIER, in accordance with the applicable laws and regulatory requirements for waste disposal. The CUSTOMER will have to prove the destruction of the products with a certificate of destruction.
7.9 The remedies disciplined in Articles 7 and 8.2 constitute the only available remedies for the CUSTOMER and the only and exclusive case of responsibility for the breach of warranty of the SUPPLIER referred to in Article 6.1.
7.10 It is hereby specified that the shipment of any document other than those available in the Website (certificate of conformity, technical drawers, etc.) to the CUSTOMER will take at least 30 days from the date on which the CUSTOMER has requested it.
8.1 The liability of the SUPPLIER is not excluded in case of:
8.1.1 Intent or gross negligence;
8.1.2 Damages or death caused by intent or gross negligence of the SUPPLIER;
8.2 With no prejudice to what provided in Articles 8.1 and 8.3, and within the limits imposed by the law with regard to article 8, the liability of the SUPPLIER (arising from or in connection to the present conditions and to any order, whether contractual or non-contractual, in accordance to law or to any other title, for any reason, and/or resulting from the violation, omission or delayed implementation of any debt borne by the SUPPLIER within the meaning of the conditions or the order and/or any defect in the products) is limited to the price of the products from which such liability has originated.
8.3 Within the limits of what is established by Article 8.1, the SUPPLIER is not in any way liable to the CUSTOMER under contractual or non-contractual liability for any damages including, by way of example:
8.3.1 The loss of components and costs of production of finished, semi-finished or intermediates products of the CUSTOMER;
8.3.2 The costs sustained by the CUSTOMER to obtain substitutive products;
8.3.3 Loss of profit;
8.3.4 Impairment of goodwill;
8.3.5 Reputational damage;
8.3.6 Third-party claims against the CUSTOMER or other compensation or sums payed by the CUSTOMER to its customers;
8.3.7 Incidental or consequential damages caused or arising from responsibility within the meaning of Article 7.2.
8.3.8. Damage and liability for defective product requested by consumers and final buyers. In this case, the CUSTOMER will be the only subject responsible for the compliance with the current regulations and with the marketing of the finished products that incorporate semi-finished products.
8.4 The CUSTOMER releases the Provider from all costs, expenses, allowances, damages, whether direct or indirect, and all consequential damages, which include the actual loss, the loss of profit, the impairment of goodwill, damages, claims, demands, legal and procedural costs and convictions incurred by the Supplier as a consequence of a violation of the present GCS.
9. RETURNED GOODS
9.1 To return the goods CUSTOMERS should apply for authorization from their account page the within 5 (five) working days after receiving the shipment (as provided for in Art. 7.1) in case of defect or divergence of products that is recognizable to a reasonable control (obvious defects) or within 3 (three) working days after the discovery of any defects and divergence that are not immediately recognizable at a reasonably accurate check, (“vices and hidden defects”):
Login to their account and go to the section “My Account”;
Select “request return” from the menu;
Fill in the form that is shown with the number of the order that they would like to return, and specifying in the notes which of the articles they would like to return and whether they prefer a return with refund, the change of the items or the creation of a credit note to use for future purchases.
9.2 Alternatively, in the case of obvious defects they can send a request within 5 (five) working days directly via e-mail to the address firstname.lastname@example.org indicating the order number (provided in the order confirmation email), name and surname they used to place the order. In case of hidden defects such request should be forwarder within 3 working days after a defect or element of difformity has been found.
9.3 After the receival of a request of return, the SUPPLIER will send a written confirmation to the CUSTOMERs, containing the Return Authorization Number (R.A.N.). The return must be made using the waybill attached to the e-mail; The CUSTOMERS will also have to indicate the Return Authorization Number (R.A. N.) outside of the box
9.4 In case of defective products, the return shipment will be FREE (Initially charged to the CUSTOMER and later refunded)
9.5 In case of an exchange of non-defective goods, the delivery will be charged to the Customer.
9.6 In any case, any customs duties will be charged to the CUSTOMER. The customs duties will be charged differently depending on the return procedure chosen by the CUSTOMER in the form mentioned in art. 9.1:
– return with refund: the SUPPLIER reserves the right to withhold the amount of customs duties from the refund amount;
– change of the items: the SUPPLIER will charge the amount of customs duties to the new item change order;
– credit note: the SUPPLIER reserves the right to withhold the amount of customs duties from the amount of the returned order.
9.7 The return of the items must be sent to Negri Lame’s address, within 5 days from the receival of the R.A.N.
The items must be returned in the same condition they were received by the Customer, unused and in their original packaging.
9.8 No request of return or replacement of goods will be accepted, for any reason, for the sample items ordered by the Customer.
10. FORCE MAJEURE
10.1 In case of Force Majeure or Fortuitous event the SUPPLIER has the right to cancel the order, to suspend its execution or postpone the delivery data, without entailing any right for the Customer to ask for compensation, delete or entrust third parties with the execution of the Order. The term force majeure refers to all events beyond the control of the SUPPLIER that objectively prevent him from delivering the goods.
Example of majeure force: technical failure, suspension of the provision of electricity, water, natural gas or fossil fuels, pandemics, strikes, at the production plant – also of third parties – where the products are actually manufactured, sudden deficiencies and unavailability of raw materials. In addition to this, strikes in the transport sector, delays in the arrival of ships, airplanes and means of transport of any kind, regardless of cause; revolts, riots, wars or revolutions that have occurred or will take place in the countries of production of the goods or in any of the countries in which the goods need to transit in order to reach the place of delivery.
10.2 The SUPPLIER will promptly inform the CUSTOMER and will try to find a solution with him in case of a force majeure event.
In case of an event of force majeure which makes the execution of the order impossible or commercially and economically disadvantageous for more than 6 (six) months, the SUPPLIER shall have the right to terminate the contract, and nothing shall be due to the CUSTOMER.
11.1 For a period of minimum 5 years from the date of delivery of its last order, the CUSTOMER accepts to maintain as strictly confidential all the information provided to him/her/it orally, in writing or in any other form during the negotiation and at placement of an order.
11.2 The obligation of confidentiality does not extend to publicly available information or information that has become such for causes other than a breach of the confidentiality obligations imposed on the CUSTOMER, which were legitimately disclosed by third parties, and to the extent that the CUSTOMER is obliged to disclose such information pursuant to a provision of law or an administrative or judicial order.
12. INTELLECTUAL PROPERTY
12.1 The SUPPLIER does not transfer to the CUSTOMER any know-how or right of intellectual property in relation to the products.
12.2 Unless explicitly prohibited by the CUSTOMER in writing, regardless of the existence of any intellectual property rights reserved for the CUSTOMER related to finished products incorporating the Products and/or related components of these finished products, the SUPPLIER will be able to expose in all public events such as, by way of example, fairs, events, exhibitions, and/or commercial documents and advertising, the finished products of the CUSTOMER incorporating Products and/or products manufactured for the CUSTOMER. The exhibition of the finished products of the CUSTOMER will be strictly functional and aimed at being used for the promotion of the products of the SUPPLIER.
13. TREATMENT OF PERSONAL DATA
Please refer to what is provided in the specific section of the Website.
14. APPLICABLE LAW – JURISDICTION
14.1 The GCS are governed and construed in accordance with Italian law.
14.2 Any dispute relating to the application, execution, interpretation and breach of contracts of purchase stipulated through the Website is subject to the jurisdiction of the Court of Milan.
These Sales terms and conditions were updated on 30/12/2021
For the purposes of Art. 1341-1342 Civil Code the CUSTOMER expressly and separately agrees with all the clauses contained in the articles: 2 (ORDERS), 3 (DELIVERIES – QUANTITY), 5 (RETENTION OF TITLE-RISKS), 6 (WARRANTIES), 7 (CHECKS AT ARRIVAL – COMPLAINTS), 8 (LIABILITY), 9 (RETURNED GOODS), 11 (CONFIDENTIALITY), 14 (APPLICABLE LAW – JURISDICTION ).