1) GENERAL SALE CONDITIONS – APPLICABLE LAW – The following general sale conditions are an integral part of all our product sales contracts, even when orders are placed by telephone, verbally and e-mail. Acceptance of these general conditions will be requested only once and the copy signed by the Customer will be retained and archived by Atep Italia srl (hereinafter also the “Seller”) and will be valid for all future purchases of Atep Italia branded products srl until a new and/or different edition of these general conditions. The execution of the order and/or contract which contains an explicit reference to these general conditions will determine implicit acceptance even in the absence of signature by the Customer.
In no case will the Seller be bound by any general contract conditions of the Customer, even if they are referred to or reported in the orders or in any other documentation transmitted to the Seller by the Customer. No behaviour of the Seller may – in this context – be interpreted or used in order to express tacit acceptance of the Seller with respect to the general contract conditions of the Customer.
By signing these general conditions, the Customer declares that the purchase of Atep Italia srl products take place for exclusively professional purposes, i.e. relating to his/her work activity. The relationship between Atep Italia srl and the Customers will therefore not be governed by consumer protection regulations, including, by way of example, the so-called “Consumer Code” (Legislative Decree no. 206/2005 and Legislative Decree no. 21/2014).
These general conditions, as well as each sales contract concluded between the Seller and the Buyer, are governed by Italian law.
2) PRICES – The prices in Atep Italia srl price list are expressed in Euros (€), and are subject to VAT where due.
3) PAYMENT – The payment method will be communicated directly by Atep Italia srl. In case of late payment beyond the agreed terms, the default interest referred to in the Legislative Decree will be charged. n. 231/02 (as subsequently integrated and amended) as well as all other expenses and/or costs reimbursable pursuant to this legislative decree.
4) SHIPPING – The shipment of the goods take place in Italy and abroad to the address specified by the Customer at the time of the order, with the related costs charged on the invoice based on the shipping methods. Any delivery terms communicated by Atep Italia srl at the time of the order must be considered merely indicative and not binding for Atep Italia Srl itself. Therefore, the latter will not be responsible for damages resulting from any delays with respect to the delivery terms indicated in the time of order.
5) COMPLAINTS AND COMPLAINTS – Any disputes and complaints relating to the supply of products must be expressed by the Customer no later than eight days from delivery of the same, by registered letter or e-mail. After this period, the goods are considered accepted and the Customer loses the right to make complaints. In the event that the anomaly is found at the time of delivery, it must also be reported immediately to the carrier, as well as to Atep Italia srl within the terms indicated above.
6) GENERAL WARRANTY CONDITIONS – Atep Italia srl provides a general 12 month warranty from the delivery date for all its products for material and/or manufacturing defects. Without prejudice to the above time limit, for the validity of the guarantee it is essential that all the following conditions occur:
– the use of the product is correct, based on the operational instructions provided by Atep Italia srl.
– no technical interventions of any nature, repairs and/or incorrect maintenance and/or modifications are carried out on the product either by the Customer or by third parties
– the product is returned to Atep Italia srl intact, complete with all constituent parts and not otherwise tampered with
– the defect is not due to falls, tampering, improper use, malicious and/or negligent behaviour by the Customer, acts of vandalism, violent impacts, atmospheric phenomena and/or natural disasters.
The return of the products will take place subject to authorization from Atep Italia Srl and in any case the return will take place carriage paid and paid by the Customer: the parties agree that, following the return of products not covered by warranty, all transport costs, customs charges and other charges will be borne by the Customer.
The defect must be reported by registered letter or email no later than eight days from its occurrence and for the validity of the guarantee it is necessary that all the conditions indicated above are satisfied. In the case of exercise by the Customer of the warranty right in relation to a product, Atep Italia srl may proceed, at its discretion, with the repair, maintenance, replacement of the product (ensuring in any case the supply of a product with the same or higher) or to the refund of the amount paid for it by the Customer.
7) RESPONSIBILITY – The Customer, with reference to the provisions of the previous art. 1, also has the obligation not to use Atep Italia srl products for illicit purposes and/or in illegal ways. Therefore, the Customer will hold Atep Italia Srl harmless from any illicit use on its part. Atep Italia srl is never responsible for events (e.g. death, damage to people or things, etc.) caused by incorrect and/or unsafe use of Atep Italia srl products. Atep Italia srl is equally not responsible for direct or indirect damages deriving from the Customer’s act, wilful misconduct or fault. The Customer will be required to compensate Atep Italia Srl for any damage of any nature, expense, loss of profit, damage to its image, criminal and/or civil proceedings (including legal expenses), promoted by third parties, due to or as a consequence of the failure compliance by the Customer with these general conditions.
8) SUSPENSIVE CONDITION – This contract is considered concluded “subject to approval by the house”.
9) INVOICES – Any complaints or disputes on invoices will be taken into consideration provided that they reach the headquarters of Atep Italia srl by registered letter. with return receipt or e-mail within eight days from the date of receipt of the invoice.
10) PENALTIES AND EXPENSES – Atep Italia srl reserves the right to accept returns of products that do not comply with all the above conditions. In the case of acceptance of such returns Atep Italia srl reserves the right to apply, towards the Customer, a penalty up to a maximum amount equal to the purchase price of the returned goods.
11) COMPETENT COURT – The Court of Brescia has exclusive jurisdiction for any dispute that may arise in relation to contracts subject to these General Conditions of Sale, Repair and Warranty applied by Atep Italia srl as well as in relation to the interpretation and application of the same.