General conditions of sale
ART. 1 ORDERS
1.1 These general conditions of sale, available on the website https://www.sabart.it under the GENERAL CONDITIONS OF SALE section (at the address https://www.sabart.it/condizioni-generali-vendita or any other specific address that may be adopted by Sabart s.r.l. - hereinafter the "Website") for the user's reproduction and retention pursuant to art. 12 of Legislative Decree no. 70/03 and subsequent amendments, govern the online distance sale of Sabart s.r.l. products through the electronic network via the Website belonging to the same Sabart s.r.l., a company incorporated under Italian law, with registered office in Reggio Emilia, Via Zoboli n. 18, VAT number and fiscal code 02493410357, registered in the Chamber of Commerce of Reggio Emilia under no. RE-286471, e-mail [email protected].
1.2 These general conditions apply exclusively to B2B (Business to Business) online sales, as described above, between Sabart s.r.l. and individuals or legal entities purchasing products for purposes related to their entrepreneurial or professional activity (hereinafter "Customer"). These B2B online sales of Sabart products are governed, in addition to these general conditions, by the specific conditions of sale such as, by way of example, the price, methods of payment and delivery, product type, etc., selected from time to time by the Customer on the Website.
1.3 These general conditions of sale must be reviewed by the Customer prior to each purchase and are understood to be fully known and unconditionally accepted by the Customer checking the relevant box for review and acceptance on the Website. Therefore, an indispensable condition for the purchase is the prior registration of the Customer on the website https://www.sabart.it, with the simultaneous review and acceptance of these general conditions as well as the assignment of an identification code and password to be subsequently entered in the appropriate fields before each purchase.
1.4 The Customer acknowledges that Sabart s.r.l. will not accept orders submitted (i) by entities that are not registered Customers as defined above, (ii) by entities that are not B2B customers as defined above, or (iii) via ordinary e-mail by Customers without their prior registration on the website https://www.sabart.it.
1.5 Sabart s.r.l. is free to update, supplement, or modify these general conditions of sale, with efficacy for sales finalized subsequent to their publication on the Website, which constitutes notice of the modifications to Customers, registered or otherwise.
1.6 The Customer declares that the completion of the registration form and subsequent purchases will be carried out by individuals with the power to bind the Customer.
1.7 The Customer undertakes not to assign their identification code and password to third parties and to keep them with the utmost care and diligence, remaining solely responsible for their custody and use.
1.8 The Customer must submit the purchase order by diligently and scrupulously following the instructions and procedures described on the Website.
1.9 The Customer undertakes not to assign their identification code and password to third parties and to keep them with the utmost care and diligence, remaining solely responsible for their custody and use. The Customer, therefore, accepts as their own all orders sent to Sabart s.r.l. using the Customer's identification code and password, as well as the invoice that will be issued using the data entered by the Customer.
1.10 The sales contract shall be deemed finalized between the Customer and Sabart s.r.l. upon the Customer's activation of the "submit order" command at the completion of the procedure. Sabart s.r.l. reserves the right, in any event, not to execute the Customer's order if, following checks subsequent to its receipt, payment delays or other breaches by the same Customer relating to previous orders emerge; Sabart s.r.l. shall notify the Customer of such suspension via e-mail, advising that the suspension will remain in place until the Customer's debt position is regularized. If, following receipt of the order, no payment delays or other grounds justifying the suspension of order execution emerge, or following regularization of the Customer's debt position, Sabart s.r.l. shall send the Customer, to the e-mail address indicated by the latter, a confirmation e-mail of the completed sale summarizing the specific conditions, these general conditions, and the privacy policy.
1.11 The Customer acknowledges the possibility of downloading these general conditions from the Website and consents to Sabart s.r.l. sending a copy of these general conditions via the aforementioned summary e-mails.
1.12 The order form will be archived in the database of Sabart s.r.l. for the period of time necessary to process the order.
1.13 Unless expressly waived, communications between the parties that modify the contractual conditions, as defined above, or affect the execution of the sales contract, shall always take place in writing, which expressly includes e-mail communications sent from and received by the e-mail inbox of the sales office of Sabart s.r.l.
ART. 2 - RISKS AND LIABILITY
2.1 The Customer remains solely and exclusively responsible for the correctness and completeness of their identification data and any data entered on the Website and/or in the order form, particularly with reference to the ordered product, to the exclusion of any liability on the part of Sabart s.r.l.
2.2 Sabart s.r.l. declines any liability for information, documents, and materials potentially introduced by third parties on the Website, even if such content is made available to the Customer within the framework of an advertising service offered by Sabart s.r.l.
2.3 The Customer acknowledges that Sabart s.r.l. cannot be held liable in any way to the Customer for the suspension or interruption of the Website's operation independent of its will.
ART. 3 - DELIVERY
3.1 Delivery of the products to the Customer will take place according to the methods and timelines indicated by Sabart s.r.l. in the order summary e-mail pursuant to art. 1.10. Delivery terms are always indicative and never of the essence for Sabart s.r.l. or for the Customer. Further conditions and timelines for transport are indicated in Annex "A" to these general conditions of sale.
3.2 Sabart s.r.l. (i) will perform deliveries compatibly with its production, supply, and shipping needs and (ii) may split the products of a single order into multiple deliveries or merge products indicated in different orders into a single delivery.
3.3 Sabart s.r.l. may suspend the delivery of products sold in the event of non-payment or irregular payment of the price by the Customer, pursuant to the subsequent art. 4.1.
3.4 In the execution of orders, the maximum compliance with the specific requirements resulting from the catalog on the Website will be observed. Sabart s.r.l., within the scope of its production and commercial choices, or in compliance with newly enacted regulatory provisions, may nevertheless carry out partial adjustments or modifications to the product regarding aesthetic, construction, and functional characteristics. Such modifications do not require prior communication to the Customer.
3.5 Transport of the products from the warehouse of Sabart s.r.l. to the destination is the responsibility of the Customer, who shall indicate to Sabart s.r.l. the forwarder or carrier appointed by them. In the absence of such indication, Sabart s.r.l. will arrange the shipment by the means deemed most suitable, with loading operations, risks, and charges remaining in any case borne by the Customer.
3.6 Products are packaged in standard, intact packaging suitable for loading onto transport vehicles and unloading onto the ground with appropriate and approved equipment; Sabart s.r.l. declines all liability for any damage to the goods caused as a consequence of moving and lifting the goods performed with incorrect maneuvers or unsuitable means.
3.7 Sabart s.r.l. will provide insurance for the products on behalf of the Customer only upon timely written request from the latter, who will assume all relative expenses and liability.
ART. 4 - PAYMENTS
4.1 Payment of the full price for the purchase of Sabart products must be made according to the methods and timelines indicated in the purchase order or in the sales invoice, if different.
4.2 Failure to pay or incomplete timely payment within the term provided by the preceding art. 4.1 shall constitute a material breach by the Customer and shall entitle Sabart s.r.l. to terminate the contract by sending a registered letter with acknowledgment of receipt (racc. a.r.) or PEC, without the need for a formal notice of default.
4.3 In the event of default, without prejudice to greater damages pursuant to art. 1224 of the Italian Civil Code, default interest shall automatically accrue in favor of Sabart s.r.l. at the legal rate ex Legislative Decree 231/2002 and subsequent amendments.
ART. 5 - WARRANTY
5.1 Without prejudice to what is specified regarding potential improvements or adjustments to the product compared to the characteristics expressed on the Website that do not affect its quality, Sabart s.r.l. guarantees the conformity of the products to the declared technical characteristics and their freedom from flaws and defects, as well as their safety according to the standards in force at the time of their commercialization.
5.2 Acceptance of the products by the forwarder, carrier, or anyone else appointed by the Customer to collect them, serves as proof of the good condition of the packaging, and all liability of Sabart s.r.l. in this regard ceases upon delivery. The Customer is also required to check upon arrival that the products conform to the order. Failing this, they are deemed conforming and accepted.
5.3 Sabart s.r.l. declines all liability for damages of any kind, both direct and indirect, caused to property or persons that do not pertain to the use that could legitimately be expected at the time the products were manufactured.
5.4 Sabart s.r.l. grants the Customer a warranty of 12 (twelve) months for lack of conformity of the products ; said warranty runs from the date of delivery of the products, and its operation is conditional upon the defect being reported within 8 (eight) days of its discovery.
5.5 Complaints regarding defects in the products, as well as qualitative or quantitative discrepancies and any other visible non-conformity, must be communicated to Sabart s.r.l. in writing within 8 (eight) days of delivery. For hidden defects verified by the Customer prior to sale to their successor in title, the term runs from the day of discovery duly proven by the Customer. Complaints regarding any discrepancies from the accompanying transport documents, damage, or shortages attributable to the transport itself, must be communicated to Sabart s.r.l. via PEC or e-mail within 24 (twenty-four) hours of receipt of the products.
5.6 The dispute of the defect or non-conformity must be accompanied, under penalty of inadmissibility, by a description of the defect or non-conformity, the sales invoice number, the serial number of the product, and the Customer's data. Obvious defects such as breakages, abrasions, scratches, or lack of conformity regarding quantities, qualities, or declared aesthetic characteristics that are not immediately visible prior to purchase (as in such case they are understood to be accepted by the Customer and/or final user and do not fall within the scope of the warranty) are presumed to be knowable at the time of delivery.
5.7 Any dispute of flaws and defects or lack of conformity raised by the final user or by the Customer by way of recourse with respect to claims coming from their own successor in title, forwarded beyond the aforementioned warranty period, will be entirely borne by the Customer to the exclusion of any right of recourse or recovery.
5.8 In the face of justifiably and timely proposed complaints accompanied by the requested information, Sabart s.r.l. will carry out warranty interventions within a reasonable term at its premises or, at its sole discretion, at a trusted assistance center. To this end, the product must be delivered, at the Customer's care, to the premises of Sabart s.r.l. or the assistance center indicated by the same.
5.9 Sabart s.r.l. reserves the choice, at its sole discretion, between replacement or repair of products that Sabart s.r.l. itself recognizes as defective, provided that the defects are not linked to transport, misuse and/or improper storage, incorrect assembly, or an irrational or inappropriate use of the same, and generally to liabilities of the Customer, their successors in title, or third parties.
5.10 Repairs carried out under warranty do not involve any extension of the duration, nor the renewal of the warranty itself.
5.11 The warranty does not apply if the product is combined with components not marketed by Sabart s.r.l. or if the warnings and instructions provided or expected according to a normal standard of diligence have not been observed.
5.12 During the warranty period as established in the preceding art. 5.4, Sabart s.r.l. ensures that the products are free from defects or flaws in materials and workmanship, provided, however, that the products are under normal conditions of use and maintenance.
5.13 The warranty does not cover parts subject to normal wear and tear, operating defects or discrepancies, and damage originating from improper use or incorrect maintenance of the products as provided for in the user and maintenance manual or any other warning, instruction, or prescription by Sabart s.r.l. Nor is anything originating from tampering with the products or from any fact, conduct, or omission exclusively attributable to the Customer or their successors in title subject to warranty.
5.14 Sabart s.r.l. shall in no case be liable for damages caused by defective or non-conforming products, and this is in express derogation from art. 1494 of the Italian Civil Code.
ART. 6 - RETURNS
6.1 Any return of products purchased online must be previously agreed with Sabart s.r.l., which will assign a return authorization number to which the Customer will refer in the return document and/or accounting documents. Sabart s.r.l. reserves the right to provide from time to time for replacement, repair, or reversal by means of a credit note.
6.2 All communications in this regard will take place electronically via e-mail or PEC.
6.3 Returns relating to goods and accessories not produced or marketed by Sabart s.r.l. or lacking the authorization reference number will not be accepted.
6.4 In any case, returned products that, also due to a lack of adequate protective packaging, are not intact in some of their parts will not be replaced or reversed.
6.5 Further conditions governing potential returns are indicated in Annex "B" to these general conditions of sale.
ART. 7 - PROHIBITION OF ASSIGNMENT
The Customer is expressly prohibited from assigning to third parties the contract finalized pursuant to art. 1.10, save for the prior written consent of Sabart s.r.l.
ART. 8 - JURISDICTION
Any dispute, including those of a non-contractual nature or for reasons of connection, arising between the Customer and Sabart s.r.l. relating to the validity, execution, interpretation, and termination of the sales contract finalized by virtue of these general conditions, shall be referred to the exclusive jurisdiction of the Court of Reggio Emilia, without prejudice, however, to the right of Sabart s.r.l. to initiate actions before the Court of the place of residence of the Customer.
ART. 9 - PERSONAL DATA
The Customer declares to have reviewed the disclosure policy pursuant to arts. 13 and 14 of Regulation (EU) 2016/679 (GDPR) available on the Website, and with the acceptance of these general conditions provides consent to the processing of their personal data for the purposes and according to the methods indicated in the aforementioned disclosure policy. The personal, corporate, and fiscal data of the Customer, acquired directly or indirectly by Sabart s.r.l., will be collected and processed in paper, computer, or electronic form, exclusively for the purpose of allowing the execution of purchase orders. Data acquired by Sabart s.r.l. will be kept for a period of time no longer than necessary for the purposes for which they were collected and subsequently processed. Their removal will in any case take place securely. For anything not expressly provided for herein, reference is made to the aforementioned disclosure policy which the Customer declares to have received, reviewed, and understood.