GENERAL CONDITION OF SALE
- 1.1. Unless otherwise agreed by contract, WERTECH's offers, offers and price lists are those published; however, they may be modified by WERTECH without prior notice.
- 1.2. Orders, even if confirmed, are considered accepted unless there is a possible increase in the prices imposed by the suppliers or deriving from circumstances beyond the control of WERTECH sas., In this case it will be entitled to increase the sales prices charged to the Customer in proportion to the increase which it undergoes.
- 1.3. In the event of a price increase of more than 10% between the order confirmation date and the actual delivery date, the Customer will be informed and can terminate the contract, communicating it in writing within 5 days.
- 1.4. The applied prices are ex warehouse, expenses, packaging, cash on delivery, I.V.A. and taxes not included; all shipping costs and any additional services (fullfillment, min.order fee, configuration) are charged to the Customer.
2. CONCLUSIONS OF THE CONTRACT, TRANSPORT AND PRODUCT WITHDRAWAL
- 2.1. The contract ends with the confirmation by WERTECH of the order issued by the Customer or with the start of the execution; in this case, WERTECH will immediately notify the Customer. In both cases, the products are considered received and accepted at WERTECH warehouses by the Customer, who from that moment becomes responsible, without prejudice to the retention of title pursuant to art. 12, Priority reservation.
- 2.2. In the event that the product is transported to a different place, the products travel at the risk of the recipient, even in the event of a sale or delivery effected "free port". All exceptions or reservations regarding the status of the goods transported must be made to the carrier by registered post to be sent within 48 hours of receipt of the goods.
- 2.3. Unless otherwise indicated, the goods are sent via our DHL subscriber, with a minimum transport cost of 15 euros plus any additional costs (eg cash on delivery, insurance). The goods travel at the Customer's risk. Insurance available upon payment, at the request of the customer.
3. TERMS OF DELIVERY AND MODES OF EVASION OF THE ORDER
- 3.1. Delivery terms are indicative non-essential.
- 3.2. Every single order or delivery will be considered independent and independent of any other order or delivery.
- 3.3. WERTECH s.a.s reserves the right to fulfill the order also through partial deliveries. If the Customer intends to refuse any partial delivery of the goods, he must declare it in writing in advance.
- 3.4. WERTECH s.a.s reserves the right not to accept a Customer order containing the complete and unique request for fulfillment of the ordered goods. In this case, the acceptance of the order by WERTECH s.a.s will be considered binding only if made in writing.
- 3.5. In the event that the delivery of the ordered goods is made impossible or in any way more burdensome due to causes beyond the control of his will, WERTECH sas may terminate, by means of a simple written communication to the Customer, the contract concluded by confirming the order by part of WERTECH sas .
- 3.6. Unless otherwise expressly agreed in writing, the fulfillment of the order by WERTECH s.a.s beyond the delivery terms provided will not entitle the Customer to request the termination of the contract, unless it is such a delay as to materialize a serious breach of contract.
- 3.7. If the Customer wishes to terminate the contract due to a delay in delivery, he will have to invite WERTECH s.a.s in writing to process the order, or the part of the order not dispatched, within a reasonable period of not less than 15 days. The contract will be considered terminated if WERTECH s.a.s has not made the delivery within the assigned term.
- 3.8. Unless the Customer has previously communicated, according to the art. 5.3, which intends to accept only the complete fulfillment of the order, in no case the Customer can refuse or delay the payment of the goods delivered to him on the basis of an order even partially executed.
- 3.9. WERTECH s.a.s is not obliged to accept returns of the products supplied. Unless prior written consent of WERTECH s.a.s., No return will be accepted if it is not intact, in its original packaging, and without abrasives or labels other than the original ones. A return number (RMA) obtained from the Customer Service will be valid for 15 days from the date of issue and must be clearly stated on the package at the time of return. After this deadline the return number (RMA) will automatically cease to be effective and the return will no longer be accepted. Shipping costs will always be charged to the Customer. WERTECH s.a.s reserves the unquestionable right to totally or partially reject the returned products in the following cases: missing or tampered packaging, incomplete shipment of the goods, goods with alterations with respect to its original state.
4. GUARANTEE OF THE MANUFACTURER / OWNER OF THE SOFTWARE
- 4.1. The parties acknowledge that WERTECH s.a.s is a merchant of products manufactured by third parties; therefore, the guarantee relating to the proper functioning of the products delivered by WERTECH s.a.s is limited to that granted by the manufacturer and / or owner of the software.
- 4.2. If and only to the extent that this is provided for by the manufacturer's and / or product's owner of the product software marketed by WERTECH s.a.s., In the event of proven material defects of the product WERTECH s.a.s will replace the defective components. The validity of this last guarantee is however strictly subject to the exact use of the product supplied as specified in the catalogs, warnings and instruction booklets made available to the user.
- 4.3. Complaints regarding the products delivered by WERTECH s.a.s to the Customer must be received via a PEC message, e-mail within 8 days of receipt of the goods, attaching a copy of the bill, the invoice or the accompanying document, clearly explaining the reasons for the complaint. After this deadline, the complaint cannot be accepted.
- 4.4. In no event will WERTECH s.a.s guarantee that the products supplied are suitable for the specific needs of the user's activity.
- 4.5. In no case shall WERTECH sas be obliged to indemnify the user or third parties for the consequences deriving from the use of the product, for direct or indirect damages, accidents to persons, damage caused to goods other than the material, loss of benefit or loss of profit, damage caused or will be caused by deterioration or loss of user-recorded data.
5. WARRANTY OF WERTECH s.a.s.
- 5.1. If the Customer proves that the defect in the functioning of the computer product is due to a defect of custody payable to WERTECH sas, the latter will answer if the defect is such as to render the product unsuitable for the use for which it is intended, appreciably decrease the value or if it lacks the qualities promised or essential to use.
- 5.2. In this case, the complaints concerning the products delivered by WERTECH sas to the Customer must be received via a PEC message, within 8 days of receipt of the product, attaching a copy of the bill or invoice or the accompanying document, clearly explaining the reasons for the complaint and the reason why the functional defect is attributable to WERTECH sas. Once this deadline has passed, it can no longer be accepted.
- 5.3. Except with the prior written consent of WERTECH s.a.s., And unless the defect is known by opening the packaging, no return will be accepted unless it is intact, in its original packaging, intact, and without any stickers or labels other than the original ones.
6. CLAIMS CONCERNING INVOICES
- 6.1. Any complaints relating to the invoices issued by WERTECH s.a.s must be brought to the attention of WERTECH s.a.s via a PEC message sent within 10 days of receipt of the invoice. In default, the invoices are considered accepted without any reservation.
- 6.2. No claim can, in any case, justify the delay or non-payment.
7. LIMITATION OF LIABILITY
- 7.1. Should WERTECH s.a.s be held responsible for the total or partial non-fulfillment of its obligations deriving from the contract, the total compensation due to the Customer may in no case exceed 10% of the price of the goods that caused the damage.
8. SOFTWARE RIGHTS
- 8.1. The rights on the software marketed by WERTECH s.a.s remain the property of the manufacturers and / or holders of software rights, which only grant the user a license to use. All rights to the software are reserved and it is absolutely forbidden for the Customer to transfer to third parties, grant a license, pledge, or otherwise dispose of the rights to the software, whether in return for payment or free of charge.
- 8.2. The Customer undertakes not to remove or alter the indications of rights shown on the material supports of the programs and on the user manual, not to modify the products in any way and to make them only legitimate and / or permitted uses.
- 8.3. The Customer also undertakes to keep the products with due diligence, strictly applying all the instructions of the manufacturer or retailer; in particular, the Customer may not counterfeit computer products, nor allow or favor in any way their counterfeiting.
- 8.4. The intermediary customers between WERTECH s.a.s and the end users of the software must include in their sales conditions the paragraph reported in point 11.1 or a text with the same meaning.
9. MISSING PAYMENTS
- 9.1. Failure to pay on the expiry of the invoice or debit note, any request for deferment of payment or any other fact that determines the non-fulfillment of the Customer, causes the forfeiture of the terms agreed for the payment of the products, making each credit of WERTECH sas to the Customer immediately payable; in this case, moreover, WERTECH s.a.s will have the right to suspend the delivery of products not yet delivered.
- 9.2. In the event of non-payment or late payment by the Customer, WERTECH s.a.s has the right to immediately terminate any ongoing contract, without any compensation for the Customer or other formality that the simple notice through a PEC message.
- 9.3. Any order or delivery is to be considered autonomous and independent of any other order or delivery, any dispute between the Customer and WERTECH s.a.s cannot, in any case, give rise to suspension of payment of other invoices or of the non-disputed part of the invoice.
- 9.4. The incomplete provision of an order will not entitle the Customer to refuse payment of the goods delivered.
- 9.5. Except for the case envisaged by art. 3.3, WERTECH s.a.s is entitled to issue partial invoices according to the deliveries made.
- 9.6. Even if the Customer asks WERTECH sas to carry out additional services for the sale, such as the installation and / or the installation of the products, the payment of the invoices relative to the price of the products cannot under any circumstances depend on the completion of the installation services or installation of the equipment.
- 9.7. Unless otherwise expressly agreed in writing, failure to pay all or part of the agreed maturity will result in the application of default interest at the rate of the prime rate plus 2 points, plus bank charges, subject to greater damages.
10. JURISDICTION AND APPLICABLE LAW
- 10.1. The Court of Turin has exclusive jurisdiction over any dispute.
- 10.2. The contract between WERTECH s.a.s and the Customer, and so as not expressly provided for in these general conditions of sale, is governed by Italian law.