GENERAL CONDITIONS OF SALE
These General Conditions of Sale regulate the wholesaling of products between RUBINETTERIE RITMONIO (hereinafter “RITMONIO”) and the customer
(hereinafter the “Buyer”). Sending an order implies the full acceptance by the Buyer of these General Conditions of Sale.
1.Products: marketing materials (illustrative catalogues, pricelists and other advertising materials) provided by RITMONIO are solely indicative of the
type of products that are subject to change without prior notice at any time. Marketing materials are prepared by RITMONIO in good faith to ensure
that information is correct and therefore, RITMONIO shall not be held liable for any errors.
2. Orders: orders must be forwarded in writing to the following email comm@ritmonio.it and must include the respective individual product with the
respective purchase price which will be considered “as is” with “all faults”. Any changes or deletions must be noti
fied in writing within 8 days after
receipt of order and must be confirmed in writing by RITMONIO. Prices are in Euro net of VAT and include packaging costs. RITMONIO is not liable for
any errors if a written order is not provided.
3. Concluding the contract: the sales contract is finalised upon receipt of order confirmation by RITMONIO.
4. Payment of price: the Buyer must pay RITMONIO the net price according to the conditions agreed and speci
fied in the invoice. Non-payment or late
payment of the price will result in the automatic application of default interest pursuant to Legislative Decree 231/2002, effective as of the day after the
due date of the payment, without having to issue the Buyer a formal notice of default.
5.Transfer of risk: the Buyer assumes the risk of loss or damage of the products as of the time of the delivery to the carrier, unless agreed otherwise
in writing otherwise between the Parties or upon request of the Buyer (e.g. insurance). RITMONIO shall not be liable for any damages to the products
during shipping.
6.Delivery of products: the products shall be delivered within the terms and conditions set out in the order confirmation. RITMONIO shall not be held
liable, directly or indirectly, for damages caused due to a late delivery. Upon the delivery, the Buyer assumes the obligation to check the exact quantity
and ascertain the quality of the products. any complaints for damages caused by transportation, tampering of the package or for shortage of goods,
must be notified to the carrier upon delivery with a written confirmation to RITMONIO within 8 days following receipt of the products.
7.Installation and maintenance: all products are built pursuant to the supply specifications defined between the Parties. Installation instructions, as
well as use instructions of accessories and proper equipment and the non-observance of any technical and maintenance instructions may condition the
technical and aesthetic outcome of the product, addition to conditioning its duration over time. Installed products may change in relation to wear and
tear or operating conditions. RITMONIO shall therefore not be held liable if said instructions are not observed.
8.Warranty: RITMONIO warrants that the products are free from any defects and undertakes to remedy any flaw, lack of quality or conformity defect of
the products that are attributed to RITMONIO thereby providing the Buyer a legal warranty regarding the conformity of the products.
In order to be valid, defects must be reported to RITMONIO in writing within 8 days after receipt of goods or within 8 days after discovering defects that
could not be detected with a careful check upon receiving the products or in any case by no later than 12 months after receipt thereby specifying the
product and the type of defect.
RITMONIO shall verify the defect and if valid, RITMONIO shall provide the instructions to return the product. RITMONIO will not accept returns that are
not authorised beforehand.
The products shall be returned within 20 days after the above authorisation along with a copy of the formal purchase document. RITMONIO shall replace
or repair the products or its parts, at its own discretion.
For products that are returned to RITMONIO beyond the above term of 20 days, RITMONIO will inform the Buyer of the invalid warranty and notify the
costs for repairs, replacement or for returning the products.
The warranty under discussion does not cover damages resulting from:
a) incorrect installation of the product;
b) improper use of the product;
c) incorrect maintenance of the product;
d) transportation and collisions;
e) wear and tear of the parts;
f) tampering and repairs made by personnel unauthorised by RITMONIO and the use of non-original spare parts;
g) frost or foreign parts present in the systems;
Except for cases of wilful misconduct or gross negligence, in case of defects, RITMONIO shall be liable solely for repairing the goods or supplying
products to replace the defective ones. It is understood between the Parties that the above warranty replaces the warranties and liabilities required by
law and excludes any other liability for RITMONIO (whether contractual or out-of-contract liability) that is in any case caused by the supplied products
(e.g. compensation for damages, lack of pro
fits, recall campaigns, etc.).
9. Force majeure: whenever executing these General Conditions of Sale is impossible or reasonably burdensome due to an unforeseen impediment
beyond the control of the Parties (e.g. strikes, fires, late delivery of components or raw materials), each Party may suspend the contract by informing the
other Party beforehand. If the suspension lasts more than 6 weeks, each Party shall be entitled to terminate the contract with a prior notice of 10 days.
10. Intellectual Property Rights:
a) RITMONIO has exclusive ownership of all rights and titles for the trademark RITMONIO, as well as for any other type of distinctive mark or other
intellectual property rights (in particular, but not limited to: design, models, utility models, invention patents, copyrights) related to the RITMONIO
products, to their shape or technical solutions applied thereof;
b) The sale of products does not in any way grant the Buyer any intellectual property rights of RITMONIO as described in section 10.a.
c) No intellectual property rights of RITMONIO may be used without the written consent of RITMONIO. In particular, for trademarks, it is strictly
forbidden to reproduce the image of the trademark or alter the image without the express consent of RITMONIO.
d) In case of unauthorised use, RITMONIO will reserve the right to report it to competent authorities and request the discontinuance of the violation of
its industrial rights and therefore claim for compensation of the damages suffered, in addition to other related fines.
11. Notices: for any information or complaint or for any notice regarding this General Conditions of Sale, the Buyer shall contact in writing to the
following email info@ritmonio.it .
12. Competent Court: this sales contract is governed by Italian law and any dispute that cannot be settled amicably shall be resolved by the Court of
Vercelli.
13. Unilateral amendments: RITMONIO reserves the right to amend these General Conditions of Sale at any time in compliance with applicable laws.
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