GENERAL SALES CONDITIONS EcoTech GTS S.r.l.
- IN GENERAL
These general sales conditions govern the contractual relationship resulting from acceptance by EcoTech GTS S.r.l. (hereinafter “ECOTG”), with registered office at Via del Plan del Sant, 24 Fraz. Mollaro, 38012 PREDAIA (TN), registered in the Trento Business Register, n. REA TN – 233045, CF and P.IVA 02553340221 of the client’s proposal / purchase order and replace the versions contained in previous catalogs, as well as any other agreement reached between the parts, except as may be agreed in writing and with express reference to these conditions general sales policies, derogating from the contents, on ECOTG headed paper duly signed by a legal representative of the same. These general conditions of sale were issued in JULY 2019. ECOTG reserves, however, the right to modify, from time to time, in its sole discretion, its general sales conditions.
The most updated version of the same will in any case be published on the website in the dedicated section.
The customer is therefore obliged to check the text of the general sales conditions in force at the time the proposal / purchase order is sent, which will be applicable to the contract with ECOTG in case of acceptance of the purchase order / proposal. All descriptions and illustrations contained in the ECOTG online catalog section (the “Catalog”), or in other ECOTG commercial documentation have the sole purpose of providing the customer with a general idea of the products or items and will not form part of the contract between ECOTG and the customer. These general conditions of sale do not apply to exports of products or items outside the Italian and European territory, for which different contractual conditions are provided. Moreover, in the event that the products or items supplied to the customer in Italy are subsequently exported by them, it will be customer’s responsibility to obtain, at their own expense, all necessary licenses and authorizations, also complying with the export regulations between Italy and the destination country, with particular reference to the rules for the export of high-tech products.
The prices shown in the Catalog or on the web portal are exclusive of VAT, which will be applied at the rate in force on the invoice date. The prices indicated in the Catalog and on the website may undergo variations.
In the event that the price of the product or of the ordered item reported in the ECOTG price list in force at the time of receipt of the order is different from that indicated by the customer in the order form, ECOTG will promptly contact the customer, who will have the right to confirm or not the purchase order. Where the prices are not expressly indicated or in the case of supplies relating to items not present in the Catalog, the prices must be specifically agreed and confirmed in writing by ECOTG before shipment of the product.
- PURCHASE ORDERS
Purchase orders can be sent by the customer according to the methods indicated in the introductory pages of the Catalog, or via the Internet. The order will be considered as a contractual proposal, since the Catalog and the display of the products or items on the virtual showcase of the ECOTG site have only an informative function and, therefore, an invitation to offer. Unless otherwise indicated with regards to online orders, the acceptance of ECOTG may also take place by direct execution of orders, without the need for prior formal acceptance of the order.
The shipping and handling costs of the product are charged to the customer unless different delivery service specifically requested by the customer and agreed with ECOTG. Same-day shipping, regardless of the transport system used and, where possible, will be carried out, as a rule, only for orders received on working days between 8.00 and 12.00. ECOTG is usually able to deliver in Italy with average times of 24/48 hours. It is however understood that the delivery terms must be considered as non-essential. For orders not transmitted online, the relative amount will be communicated by ECOTG to the customer before shipment, which will take place only after the customer has accepted the new amount within 3 (three) days of the ECOTG communication. If ECOTG expects to be unable to comply with the delivery terms indicated, without this implying any responsibility towards the customer, it will communicate the new delivery conditions of the item to the customer, who will have to confirm the order, as modified, within 3 (three) days of the ECOTG communication. Unless otherwise agreed, delivery will be made to the address specified by the customer in the order.
- EXAMINATION OF PRODUCTS, DELAYS AND NON-DELIVERY
The customer is required to examine the goods received accurately at the time of delivery and to communicate in detail to ECOTG, within 8 (eight) days of delivery, any defects found on the outcome of this examination, or to propose any other complaint in relation to the products. In the event that the customer does not make the aforementioned communication, the items will be considered definitively accepted and compliant with what was requested in the order, without prejudice to the possibility, which can be exercised within 1 (one) year of delivery, to assert any non-apparent defects, provided that the related complaint was made within 8 (eight) days of their discovery (in accordance with the provisions of article 1495 of the civil code). It is understood that the customer must refuse delivery by the carrier of packages with damaged packaging and must, in this regard, immediately inform ECOTG of the incident; otherwise, the goods delivered will be considered accepted in full in the state in which they are at that time. For the purposes of examining the products or items, the customer acknowledges that ECOTG is not the author of the software that may be contained therein, nor has it viewed them. The customer must therefore carry out, under his own exclusive responsibility, before using the product or article, any reasonable control to verify that the software contained in the products purchased make them suitable for use or are not affected by computer viruses or from other defects that could damage the item or the goods that come into contact with it.
- TRANSFER OF RISK AND OWNERSHIP
The ownership of the goods passes to the customer when the goods are delivered to the carrier for delivery at the customer’s home or at the address indicated by the customer at the time of the order. The goods travel in any case at the risk of the customer, it being agreed that every shipment is carried out for precise assignment and account of the customer and that, therefore, ECOTG is exempted from any responsibility with the delivery of the same to the carrier or the customer in the case in which this last decides to collect the goods personally or through a person in charge. In the event of non-payment, ECOTG will have the right to use, at its incontestable discretion, of the express termination clause referred to in the following section “Payments and Expressed Resolution Clause” or any other remedy provided by law, including coercive execution or the repurchase of the possession pursuant to article 1519 of the civil code. If it is necessary to allow ECOTG to exercise and protect its rights, the customer will allow ECOTG, its employees and agents, to access its premises, for the sole purpose of proceeding with the withdrawal of unpaid products. It is also understood that ECOTG will in any case have the right to request full compensation for any damage suffered as a result of the customer’s breach.
ECOTG will replace or repair the products or items supplied, or refund the relative price, if, despite a correct and diligent use by the customer, defects are detected, which must be asserted against ECOTG no later than 12 (twelve) months from the date of delivery, or within that different term from time to time indicated by ECOTG for specific articles, or established by law. The articles, or the components or parts of them to which the claim refers, must be returned to ECOTG within the time period referred to in the preceding paragraph, adequately packaged, with shipment by the customer and in compliance with the particular instructions ECOTG has possibly given at the time of supply or later. The items, or the components or parts of them returned must be accompanied by a note showing the description of the defect, as well as any other information indicated or requested by ECOTG at the time of supply or subsequently. All products or articles or parts of them replaced by ECOTG will become the exclusive property of the same. This warranty replaces any warranty or other provision established by law regarding the quality or suitability of products for specific uses, except those provisions which by law cannot be waived.
7.2 EFFECTIVENESS OF WARRANTY / EXCLUSIONS
ECOTG guarantees the quality and proper functioning of its products, thus responding to the elimination of any defect relating to material or construction defects.
The Guarantee is carried out with the repair or with the replacement of the defective elements or of the defective parts or of the entire product, at the discretion of ECOTG.
In the event of repair or replacement of the product or part of it, the warranty term does not change.
In the case of purchases for entrepreneurial or professional activities (sales with invoice or VAT number) the warranty has a duration of 12 months; in case of purchase by end user (consumer) the Guarantee has a duration of 24 months from the documented purchase date; ECOTG can grant conventional warranties of different duration on some specific articles.
No guarantee is given for damage to parts subject to normal wear or damage or defects caused by tampering, improper use and / or maintenance.
The warranty does not include work on the pneumatic system, hydraulic system, electrical system or other accessory parts not supplied by ECOTG.
The Guarantee can be asserted as follows: by sending ECOTG a report on the damages found; this report must be sent within 8 days of the discovery of the malfunction and within the Warranty period; if deemed necessary by ECOTG, sending the product free of charge to the ECOTG office in Predaia (TN), subject to a return authorization; providing ECOTG with a copy of the documents proving the purchase of the product and in which the product model and serial number can be clearly and unambiguously identified.
The Customer is not authorized, unless prior specific ECOTG written authorization, to intervene on the Product in case of malfunctions or in the presence of defective elements; the intervention in the absence of authorization entails, as a consequence, the cancellation of the Guarantee. It is expressly agreed between the Parties that the obligation of intervention and the supply of spare parts by ECOTG during the Warranty period refers exclusively to products that are sold and installed on the Italian territory.
Any form of ECOTG Warranty is therefore excluded for products sold in Italy which are subsequently exported or resold to foreign third party or at production sites of Italian companies abroad.
In such cases, in the presence of non-conformity of the product that requires repair of the product at the ECOTG headquarters, it will be the responsibility of the end customer to bear the costs related to transport, shipping, insurance and customs operations up to the ECOTG office in Predaia (TN ), Italy.
In the event that it is considered sufficient to supply spare parts in place of defective parts, these will be made available by ECOTG, at the Customer’s site in Italy and nothing will be due by ECOTG for the relative restoration operations.
Any derogation must be expressly agreed in writing with ECOTG. Product malfunctions and / or non-conformities attributable to the following causes are excluded from the Guarantee: transportation activities; failure to highlight and carry out the maintenance operations required by the use and maintenance manual; failure to observe the instructions and warnings relating to installation and / or use provided by ECOTG; tampering, interventions, maintenance performed by unqualified or authorized personnel; abnormal or improper use of the product, failure to comply with its purpose and scope; increased damage caused by further use of the device by the user once the malfunction has occurred; use of spare parts, components and accessories that are not original or not recommended by ECOTG and damage caused by them; incorrect or anomalous functioning of the electric and / or hydraulic power supply, pneumatic; corrosion, scale or breakage caused by stray currents, improper water hardness, limestone deposits, sludge deposits, condensation, aggressiveness or acidity of the substances in contact with the product, improper descaling treatments carried out in an improper way; force majeure such as frost or overheating (outside the conditions of intended use), fire, lightning, theft, vandalism, accidents, unforeseeable circumstances etc. .
However, this Warranty refers to Directive 99/44 / EC and the applicable national legislation.
- PRODUCT INFORMATION AND ITS AVAILABILITY
Unless otherwise indicated, the methods of use of the purchased item or product, with particular reference to its safety, are indicated in the “technical documents”. Dimensions and other physical characteristics are subject to normal commercial tolerances. It will be the customer’s responsibility to verify, beforehand, the suitability of the product or article for the use he wants to make of it. In any case, ECOTG reserves the right to cease the offer of any product, or to make changes to the specifications of the products or items, at any time, even without notice and without having to provide justifications for such a decision. ECOTG recommends that customers check the dimensions and other data relating to the products published in the Catalog or on the virtual showcase of the site as well as their future availability, before using them for particularly important uses.
The information contained in the Catalog is, as far as ECOTG is aware, correct at the time of printing. If the customer intends to sell the purchased products to third party, it will be his responsibility to ensure that these items are complete with all the accessory elements such as warnings, labels, instructions, manuals and other useful information, supplied with the items themselves.
- LIMITE DI RESPONSABILITÀ
Le presenti condizioni generali delineano l’intero ambito di responsabilità di ECOTG riguardo agli articoli, con esclusione di qualsiasi altra garanzia, condizione e termine, espressi o impliciti, stabiliti per legge, anche con riferimento alla qualità o idoneità degli articoli per usi specifici, salve comunque quelle garanzie che, per legge, non possono essere derogate, con riferimento in particolare a quanto disposto dall’articolo 1229 del codice civile e in tema di responsabilità per danno da prodotti difettosi e di tutela del consumatore. Resta peraltro inteso che in nessun caso ECOTG sarà responsabile per la perdita di profitto o per qualsiasi danno indiretto subito dal cliente per un fatto, atto od omissione imputabile a ECOTG ai sensi delle presenti condizioni generali o comunque in relazione alla compravendita oggetto delle stesse. Le applicazioni descritte nelle schede presenti nel Catalogo e la combinazione di componenti per la loro realizzazione, non rappresentano l’unica soluzione tecnica possibile. ECOTG non si assume alcuna responsabilità sul corretto funzionamento di tali applicazioni, né sulla rispondenza delle stesse alle specifiche finalità cui potrebbero essere destinate.
- LIMIT OF LIABILITY
These general conditions outline the entire scope of ECOTG’s responsibility with respect to the articles, with the exclusion of any other guarantee, condition and term, expressed or implied, established by law, also with reference to the quality or suitability of the articles for specific uses, except however, those guarantees that, by law, cannot be waived, with particular reference to the provisions of article 1229 of the civil code and in terms of liability for defective products and consumer protection. It is also understood that under no circumstances will ECOTG be liable for loss of profit or for any indirect damage suffered by the customer due to a fact, act or omission attributable to ECOTG pursuant to the present general conditions or in any case in relation to the sale of the same. The applications described in the cards present in the Catalog and the combination of components for their realization do not represent the only possible technical solution. ECOTG assumes no responsibility for the proper functioning of such applications, nor for their compliance with the specific purposes for which they could be intended.
- PAYMENTS AND EXPRESS TERMINATION CLAUSE
Payments can be made according to the following methods reported on the ECOTG website: by bank transfer, by cash, to the extent permitted by applicable laws, by credit card.
For any further information or clarification, please contact our Administrative Office – phone +39 0463 461049.
However, ECOTG reserves the right to request payment in cash, within the limits permitted by the laws in force, or to propose further and different payment methods. Any payment conditions other than those mentioned above must be agreed in writing with ECOTG, before placing the order. All payments will be made to ECOTG without the customer being able to offer any compensation, deduction or counter claim. In the event of failure to pay the price due by the customer, the sales contract will be considered terminated as of right pursuant to and for the purposes of article 1456 of the civil code. In the event that payments are not made within the agreed timeframe, from the day following the deadline for payment, the default interest provided for by Legislative Decree 231 of 9 shall take effect on the amount due, without formal notice being required. October 2002, as last amended by Legislative Decree 192/2012. In this regard, unless otherwise agreed with ECOTG, the terms of payment of the fees due by the customer are those provided for by Article 4 paragraph 2 of Legislative Decree 231 of 9 October 2002 on the starting date of default interest. ECOTG, within the limits allowed by the law, reserves the right to claim compensation for any further damage, as well as the reimbursement of any costs or expenses incurred for the recovery of its credit, including legal fees. In the event of any delay in the payment of the consideration, all sums due at that time due by the customer to ECOTG, also in relation to other supplies, will become immediately due for the whole, for which purpose it is deemed to have revoked any delayed payment granted by ECOTG.
Payments must be made in Euros; other currencies may be agreed in writing between the parts, within the limits permitted by law.
- COUNTRY OF ORIGIN
Unless otherwise notified in writing to the customer, the information contained in the Catalog does not constitute, nor must it be understood as a declaration of the country of origin, preferential origin, processing, production or assembly of the products or any part of them.
- RETURN OF ECOTG PRODUCTS
No items will be returned without the prior written consent of ECOTG, except as provided in the previous paragraph “Warranty”. After obtaining the consent of ECOTG, to be entitled to a refund, the customer must return the items, according to the following conditions:
the items must not have been used and must be returned in the same conditions in which the customer received them,
the return must take place within 15 (fifteen) days from the date of the purchase invoice
if the sales conditions do not contain specific instructions (and these have not subsequently been indicated by ECOTG), all parts or components that may have been added to the product or article by the customer must be removed before being returned to ECOTG; otherwise, ECOTG will be authorized to remove and / or remove all additional parts the return is not allowed for software, for products marked with the symbol “C” (description of the article code with letter C “CUSTOM”) or for other articles which, although provided by ECOTG, were not available on the Catalog and, therefore, were specifically ordered at the customer’s request, the items are returned to ECOTG, expense and risk of the customer. The products to be returned to ECOTG must be properly packaged and shipped to the ECOTECH GTS S.R.L. in Via del Plan del Sant, 24 Fraz. Mollaro, 38012 PREDAIA (TN).
- CANCELLATION OF ORDERS
Orders placed with cash payment, within the limits allowed by the laws in force, bank transfer or credit card that cannot be completely fulfilled on the basis of warehouse stocks, will be partially cancelled and the relative sums repaid. ECOTG reserves the right not to entertain commercial relations with specific subjects. Furthermore, ECOTG reserves the right not to accept or cancel any orders, regardless of whether the payment has been received or not, notifying the customer by fax, telephone or e-mail within 48 (forty-eight) hours (excluding Saturdays and public holidays) from receipt of the order. In the event that ECOTG does not accept or cancel an order for which payment has already been made, ECOTG will promptly reimburse the entire amount received, in the manner that will be indicated for this purpose by ECOTG by the customer. It remains, however, understood that the return of the price represents the only burden on ECOTG for the non-acceptance or for the cancellation of the order, being in this regard excluded any form of responsibility against ECOTG. The customer can cancel or revoke purchase orders only within the limits allowed by law, remaining, in any case, understood that, unless required by law, orders relating to the purchase of items cannot be revoked or canceled. although provided by ECOTG, they were not available in the Catalog offer at the time the customer placed the purchase order.
- FORCE MAJEURE
In the event that the execution of orders by ECOTG is hindered or prevented by force majeure or unforeseeable circumstances, or by the impossibility of obtaining the services, materials or items necessary for the fulfilment of the order, if not at increased prices, ECOTG may delay the order fulfilment and, in this case, notify the customer of the delay; these, within 3 (three) days of receipt of the communication by ECOTG, will have the right to cancel the order in whole or in part. In none of the aforementioned cases, ECOTG can be held responsible for the delay, cancellation or impossibility to deliver.
- AUTHOR RIGHTS AND PATENTS
ECOTG warns the customer that the items presented in the Catalog or on the ECOTG website may be the subject of a patent, trademark, copyright or other intellectual or industrial property rights owned by ECOTG or third party. ECOTG is the owner of the copyright relating to the Catalog, whose reproduction in whole or in part is prohibited, without the prior written consent of ECOTG.
- CONTRACTS CONCLUDED WITH CONSUMERS
If the customer qualifies as a consumer, the provisions on consumer protection will be applied, including those referred to in the Consumer Code (Legislative Decree 6 September 2005, No. 206 and subsequent amendments), which are not intended to be waived by these general conditions. In particular, in the event that the consumer customer has concluded the contract outside the business premises or through remote bargaining, he will have the right to withdraw from the contract without penalty, by sending, within 14 (fourteen) working days from the date of receipt of the articles purchased, specific communication, by letter sent by post, to ECOTECH GTS SRL in Via del Plan del Sant, 24 Fraz. Mollaro, 38012 PREDAIA (TN) or by e-mail to firstname.lastname@example.org. The withdrawal letter, indicating “with the present notification the withdrawal from the contract of sale of the following goods …”, must also contain the following information: ECOTG order confirmation number, customer identification data (including the tax code ), telephone number and / or customer’s e-mail address.
In case of exercise of the right of withdrawal, the purchased products will be returned to ECOTG, intact and properly packaged, within 14 (fourteen) working days from the dispatch of the aforementioned communication, at the customer’s expense, to the following address: ECOTECH GTS SRL, Via of the Plan del Sant, 24 Fraz. Mollaro, 38012 PREDAIA (TN). In consideration of the exercise of the right of withdrawal, ECOTG will promptly return to the customer the compensation received.
- LEGAL GUARANTEE OF CONFORMITY
The Legal Guarantee of Conformity (or Legal Guarantee) is provided for by the Consumer Code in articles 128-135 and establishes the responsibility of the seller for the lack of conformity of the goods sold through its own sales channels. The legal guarantee referred to in the Consumer Code is reserved for consumer customers. All products that present a lack of conformity existing at the time of delivery and that manifest themselves within 24 months from the date of purchase are covered by the Legal Guarantee. The lack of conformity must be reported to the seller within 2 months following the discovery of the defect itself.
- ORGANIZATION MODEL PURSUANT TO LEGISLATIVE DECREE NO. n. 231/2001
The customer declares to be aware of the current legislation on the administrative liability of the legal person and, in particular, of the provisions of Legislative Decree 8 June 2001, n. 231. In this regard, the customer declares that he or she behaves according to the principles of transparency and correctness, in strict compliance with the provisions of the law, to be aware of the documents concerning the Code of Conduct, as well as the other policies adopted by ECOTG. For any information on this subject, the mail box email@example.com is available.
- TREATMENT OF PERSONAL DATA
For any information on this subject, the mail box firstname.lastname@example.org is available.
The Court of Trento will have exclusive jurisdiction over any dispute arising from these general sales conditions and the related product supply contracts. If the customer qualifies as a consumer, any disputes arising from these general conditions will be devolved to the jurisdiction of the judge of the place of residence or domicile of the consumer. These general sales conditions are governed by Italian law.
For information on these general sales conditions, contact ECOTG – email@example.com.
Predaia, July 2019