Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, the Customer declares to have specifically read, and expressly approve, the following clauses:
1. GENERAL PROVISIONS
d) The Customer releases the Company from any responsibility for any shortfall in the products in terms of quality or functionality, or related to compatibility or accessories that are not expressly indicated in the relevant technical data sheet, or for any discrepancy between the Products and their appearance/image on the Site.
e) The Company is in any case excluded from any liability for the failure of the Products to meet the needs of the Customer, or to otherwise meet any purposes and objectives set by the Customer.
f) The Customer assumes any and all responsibility both in relation to the choice of the Products, and in relation to the achievement of the objectives and results intended through the purchase and use of the Products, and, finally, in relation to the adequate technical expertise of its employees and/or collaborators.
7. AVAILABILITY OF PRODUCTS
d) In the event that the Product ordered is no longer available after the order has been sent by the Customer, the Customer shall be promptly notified by e-mail and the order will be cancelled, without, for any reason, compensation, damages or penalties being due to the Customer.
8. DELIVERY
g) The delivery terms are those indicated in the purchase order as it appears in the "orders" section of the account or in the "check your order" section on the Site, as well as in the order confirmation. These terms shall be considered indicative only: any delays in delivery with respect to the delivery timeframe indicated will not, in any event, entitle the Customer to compensation, refunds, indemnities or damages.
9. ABSENCE OF RECIPIENT
a) The Company will not in any case be held responsible in case of non-delivery due to the absence of the recipient at the address indicated in the order, on the days and at the times indicated. Any additional costs for a second delivery attempt will be charged to the Customer in the next order or, alternatively, must be paid by the Customer after the Company has issued the appropriate invoice.
10. DISPUTES
a) Any disputes related to the condition of the Products delivered must be raised by the Customer upon their receipt.
b) In the absence of any complaint, the Product will be considered definitively accepted for all purposes with the signature of the Customer or their delegate, without prejudice to any warranty arising by law by the Company and with the limits referred to in Article 11 below.
11. WARRANTY: LIMITATIONS AND EXCLUSIONS
a) Any compensation payable by the Company to the Customer or any third parties for any losses related to the delivery or use of the Products, or related to the execution of the Service and any other service provided by the Company, as well as for defects or faults in the Products, is subject to a limit of 10% of the total amount of the purchase price of the product paid by the Customer, and shall not exceed this amount.
b) The warranty for defects is excluded if: i) the Customer has carried out or attempted to carry out, directly or indirectly, any interventions or work to repair defects or malfunctions of the Products without the prior authorization of the Company; b) the Customer has not correctly followed the instructions contained in the technical documentation of the Products, or has in any case used the Products incorrectly or in a manner incompatible with their function; c) the defects or malfunctions depend on, or are in any case connected with, defects or malfunctions of equipment, systems, materials, equipment or other property of the Customer, or in any case used by the latter.
12. WAIVER OF LIABILITY
a) The Company shall not be liable for damages, of any nature whatsoever, arising from the use of the Products in an improper manner and/or not in accordance with the instructions given in the user manual or in any other way communicated to the Customer, as well as in the case of damages arising from unforeseeable circumstances or force majeure.
b) The Company will not be in any case responsible for loss of revenues, profits, business opportunities or any other indirect damage of any kind suffered by the Customer, including the additional expenses that the Customer may incur, arising from or related to the Products, any defects and faults of the same, as well as to contracts to which the General Conditions are applicable.
c) In the event that, with the consent of the Customer, the intervention of the Manufacturer of the Products is requested by the Company, the Company will not be held in any case responsible either in relation to any failure of the Manufacturer in the execution of the intervention requested, or in relation to any damages that the Manufacturer may cause to the Products, to the activity of the Customer, to things or to people, damages that therefore the Company will not be required in any case to compensate the Customer.
d) In no case the Company will be held responsible for the non-fulfilment of any of the obligations deriving from the contracts subject to the General Conditions in the hypothesis in which the non-fulfilment is caused by unforeseeable circumstances and/or force majeure, including, by way of example but not limited to: natural disasters, terrorist acts, strikes, failure/malfunctioning of the internet and/or blackout.
18. APPLICABLE LAW
b) The Customer, by signing these General Conditions, releases the Company from any and all liability arising from the untruthfulness of the declaration referred to in paragraph a) above, and in any case from the lack of the requirements referred to in paragraph a) above on the part of the Customer.
21. COMPETENT COURT
Any disputes relating to the acceptance, validity, interpretation, execution and non-fulfilment of these General Conditions and of the individual contracts for the purchase of Products, and in any case for any dispute arising from and in any way connected with the obligations and services set forth in the General Conditions and in the individual contracts for the purchase of Products, shall be settled exclusively by the Court of Treviso.