Parcop S.r.l., in the person of its legal representative pro tempore, with registered office in Monte Di Procida (NA) Via Filomarino III Tr. 13 (VAT code/fiscal code. 08668021218), email: firstname.lastname@example.org, certified email email@example.com, registered at the Register of Companies of Naples
(also merely as the “Seller”)
- Parcop S.r.l. is the owner of the wiautomation.com website, which may not be reproduced in whole or in part, transferred by electronic or conventional means, modified, linked and used without the prior consent of Parcop S.r.l.
- Parcop S.r.l. does not act as authorized Reseller of the products present on the site or subject to quotation. Therefore, the products may have codes with an older date or belong to an earlier production than that available from the official manufacturer and/or authorized dealers. Any production years and/or specific versions must be indicated when ordering.
- All brands, logos, names of suppliers and services mentioned are trademarks belonging to their respective companies and are property of their respective right owners. The use of third-party logos does not constitute an endorsement of or association of any kind with the respective companies holding intellectual and industrial property rights.
- On this site, Parcop S.r.l. sells products for industrial and naval automation, (for example, Programmable Logic Controllers, HMI Operator Panels, Motors, Drives, Motion Systems, Electronic Components, etc.).
- The Seller accepts orders from Customers who are both consumers and customers who are not consumers. Consumer is any natural person acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out. The entry of the Sales Tax Number during the purchase procedure is considered an indication that the purchase was made for purposes related to the entrepreneurial, commercial, craft or professional activity carried out.
- If one or more sales are made to a party who does not qualify as a Consumer, these general terms and conditions of sale and the Italian Civil Code shall apply, since the protections provided in favour of the Consumer, which reflect or comply with mandatory provisions of law, shall not be effective towards that party;
- Only individuals aged 18 years or over may purchase products.
- The premises form an integral and substantial part of this Contract and the Customer declares that it has read and accepted their content without reservation.
1. CONDITIONS OF USE
- The legal conditions applicable to the Seller-Customer relationship are those in force on the date of transmission of the purchase order. They may be amended at any time. Any amendments and/or new conditions shall be considered in force from the moment of their publication on the Site.
- Before placing and, therefore, proceeding with the payment of the order, the Customer is required to read these terms and conditions carefully. The placing of an order implies full knowledge and express acceptance of both these terms and conditions and of what is indicated in the purchase procedure.
- For any kind of request or communication, the Customer may contact the Seller using the contacts at the URL https://au.wiautomation.com/contact-us as well as via the live chat dedicated to customer support at the same address.
- The Customer takes note, accepts and gives its consent that all communications, notifications, information, reports and in any case any documentation on the operations performed, referring to the purchase of Products, will be sent to the e-mail address provided at the time of registration or transmission of the order, with the possibility of downloading the information on a permanent medium in the manners and to the extent provided for by the Site.
- The purpose of this Contract is to define the contractual conditions applied to the sale in the mode of electronic commerce that has as its object exclusively the products offered and made available by the Seller on the site www.wiautomation.com in favour of both Customers who hold the status of Consumers and Customers who do not hold that status.
- The Customer may purchase exclusively the products displayed on the site at the time of browsing. It should be noted that the picture accompanying the descriptive sheet of a product has a purely illustrative function and may not be exactly representative of its characteristics but may differ in colour, size or in relation to any accessory products in the picture due to the settings of computer systems or devices used by Customers. Therefore, for the purposes of the purchase contract, the description of the Product contained in the description sheet/product and, subsequently, in the order form transmitted by the Customer shall be deemed authoritative.
- The contract is executed towards the Customer identified by the data entered in the order form that is transmitted electronically upon acceptance of these General Conditions of Sale.
- Products sold on the site can be delivered in the national territory and in the countries specifically listed on the site (when the country of shipment is chosen). In the case of choosing delivery to the user or other person indicated by the user in the purchase flow, the inclusion of shipping addresses outside the countries specifically listed on the site invalidates the purchase process and the contract is not concluded.
3. PURCHASING PROCESS
- It is possible to make the purchase through the website https://www.wiautomation.com/ or offline.
- Regarding the latter option, it is possible, in fact:
1) to make, through a special form ("quick quote"), present on the website, at the URL https://au.wiautomation.com/quotation-request , a specific request for a quotation, in relation also to products that cannot be purchased or are not visible online, entering all the relevant details (by example, company name, email, product code, brand and quantity required);
2) receive the so-called "quick quotation" by contacting the number present at the above URL. After that, the negotiation will continue offline and the contract will be considered concluded with the receipt by Parcop S.r.l. of the order confirmation duly signed by the buyer and sent through official channels (email, or in the additional ways that may be specified on the site). Even in the case of offline purchase, these terms and conditions of sale will apply, and they will be attached or recalled to each quotation and duly accepted with appropriate signature. It is possible that the prices in the quotation differ from those online, due to variables such as, but not limited to, type of product, quantity and availability of the same.
- Regarding online purchasing, it is not required to register to make purchases. Accordingly, the Customer may opt to make purchases on the Seller's website as a Registered User or as an Unregistered User. Registration avoids the need to enter address and shipping information each time a purchase is made on the Site.
If the Customer is registered, its billing and delivery information will be displayed automatically and can be changed as needed. If the Customer is not registered, he/she is required to enter this data with each purchase.
- Following the placement of one or more products in the shopping cart, the Customer will see a summary of the details and may choose to continue with the confirmation of the order. Subsequently, to finalize the contract and definitively transmit the order, the Customer is asked, on a single page, to enter the information regarding the delivery address (which may differ from the billing address) and the payment method along with the relevant data. After that, following the Customer's confirmation of the order summary ("buy" button), the Seller processes payment for the order.
- Correct receipt of the order is confirmed by the Seller through a confirmation notice by e-mail, sent to the e-mail address provided by the Customer when completing the order form. From this moment on, the contract between Seller and Customer is finalized. This e-mail message contains the date and time of receipt of the order, a 'Customer Order Number', to be used in any further communication with the Seller, the link to the page of the site containing the 'Terms and Conditions' of Sale accepted by the Customer, the strictly necessary information to summarize the essential characteristics of the product purchased, an indication of the price, the means of payment used, delivery charges and any additional costs. The message also repeats all the data entered by the Customer at the time of confirmation of the order, which is committed to verify the correctness and promptly communicate any corrections by email to the addresses indicated above and present at the URL https://au.wiautomation.com/contact-us or through live chat present at the same URL.
- The Customer, if registered, can check the status of the order by going to the web area dedicated to it under "My Orders".
- The Seller must be enabled to request more information by e-mail or telephone, especially in order to properly fulfil contractual obligations. Therefore, it is the Customer's obligation to enter real data in the order form.
- The Seller reserves the right not to fulfil purchase orders that do not give sufficient guarantees of solvency, or that are incomplete and incorrect. In such cases, the Seller undertakes to promptly notify the Customer. In case of order form submission and payment of the price, the Seller shall refund the amount already advanced.
4. AVAILABILITY AND CANCELLATION OF THE ORDER
- All product orders are subject to product availability. The Site is constantly and automatically updated in order to ensure maximum correspondence between the Seller's availability and the availability indicated on the Site.
- The site does not display the quantities of product available at the time of the order, as the simultaneous access of many user-customers, the simultaneous possibility of "offline" orders as well as the variable quantity of each product that depend on the supplying company, change the availability of the products, the Seller does not guarantee the certainty of allocation of the ordered goods.
- For certain products, which are subject to price promotions, the Seller reserves the right to accept orders by reducing their quantities, subject to prior notice and acceptance by the Customer, failing which the order shall be deemed cancelled.
- The Seller may cancel the order in case of products unavailability. In such cases, it shall inform the Customer by e-mail that the contract is not concluded and that the Seller has not followed up the order stating the reasons. In such cases, the Seller proposes, before proceeding to refund, replacement with similar product or other available solution (surplus rush service, product under other conditions) as a solution which must always be expressly accepted by the Customer. In case of non-acceptance of the replacement product, the amount previously committed to the Customer's means of payment is refunded. Notice of the refund is given by e-mail.
- In any case of cancellation of the order by the Seller, therefore for any reason whatsoever, it is intended that the Seller cannot be held liable for any damages arising from the cancellation.
- The order may also be cancelled as a result of the Customer's request to be sent to the email address firstname.lastname@example.org preventively evaluated and approved by the Seller - without charge in the only cases in which the latter has not initiated the order preparation, found via the "my orders" section or through email communication of initiation of the order preparation. The refund of the price paid shall be made in accordance with the instructions to be provided, from time to time, by the Seller.
- In the event that the conditions for cancellation referred to in the preceding points do not apply, the cancellation may still be requested by the Customer, upon confirmation of Parcop S.r.l. against payment of the (i) administrative management fee, (ii) the cost of purchasing back-order components, (iii) transport costs, (iv) customs charges, (v) collection and currency exchange fees possibly already borne by Parcop S.r.l. in relation to the cancelled order, of a possible penalty equal to 40% on the value of the products subject to the request for cancellation, plus an additional decrease in value in the case of returning goods with conditions different from those in which they were sold. The total costs will be communicated to the Customer following the cancellation request. The cancellation will become effective upon the Customer's express confirmation of the costs communicated by Parcop S.r.l. In the absence of acknowledgement no later than 72 hours (effective), the confirmation of cancellation will be considered to have been tacitly provided. Any cost for the return shipment of the cancelled order shall be borne by the customer and must always be made by trackable shipment and must always be insured in case of value of the goods exceeds € 500.
5. PRICES AND PAYMENTS
- All posted prices exclude the due Sales Tax. In the case of purchases made as a Consumer, the Sales Tax of the destination country will be paid, which will then be recalculated again before payment is made; while the Customer who does not hold the status of Consumer, the Sales Tax will not be charged. Once the order has passed into "shipped" status, it will not be possible to claim the Sales Tax refund through a change in billing information (the change in billing header cannot be retroactive for the purpose of applying or eliminating the Sales Tax).
- The Seller may change the selling prices of the Products at any time without prior notice and without any need for justification and specification.
- In case an erroneous and/or clearly ridiculous price is posted, for whatever reason (systems error, human error, etc.), the order is cancelled, even in case of initial validation.
- The validity of prices is always and only the one indicated in the order confirmation which is sent to the Customer following the submission of the order.
- The prices of the Products shown in the individual product sheet do not include shipping costs that are, instead, always displayed in the order summary at the moment of adding the product to the cart and in any case before the request for confirmation from the Customer. Shipping costs can be changed at any time by the Seller, but changes are not applied to orders already sent and accepted.
- The Customer may be subject to import duties and/or taxes, payable once the products have reached the specified destination and, therefore, cannot be quantified or in any way determined by the Seller. Such costs shall be borne by the Customer and cannot be refunded by the Seller under any circumstances. The amount of international duties and/or taxes charged by the country of destination cannot invalidate this contract or constitute grounds for termination by the Customer, who will be made aware of the presence of additional and undetermined costs at the time of payment or, more precisely, at the time of selection of the country of destination at the check-out stage.
- All purchases made on the site are secure, since they are guaranteed by SSL certification and respective HTTPS protocol. The proposed payment methods involve only multi-referenced circuits.
- The Customer may make payment via PayPal, via credit card through PayPal, via bank transfer, via credit/debit card through Stripe, as indicated in the purchase procedure. It is intended that the Seller remains uninvolved in the contractual arrangements that the Customer undertakes with payment companies. In addition, the Customer warrants to the Seller that he/she has the necessary authorizations to use the payment method chosen for the order at the time of the placing.
- All orders are payable in U.S. dollars, including taxes and mandatory contributions. Bank charges are the sole responsibility of the Customer, even in the event of a refund.
- At no time during the purchase process is the Seller able to know the Customer's credit card information, which is transmitted via encrypted protocol-protected connection directly to the site of the party handling the electronic payment.
- Under no circumstances, therefore, can the Seller be held liable for any fraudulent and improper use of credit and prepaid cards by third parties
- For each placed order, and if the Customer has made an express request to do so by ticking the appropriate box on the order submission form and has provided the necessary details (valid Sales Tax Number), the Seller shall issue an invoice for the shipped order, sending it by electronic mail to the Customer in whose name the order was placed. For the details given when issuing the invoice, the information provided by the Customer at the time of order processing shall apply. No change to the invoice is possible at any time after the invoice is issued in electronic format.
- For Customers who have already successfully concluded at least 3 orders with Parcop S.r.l., the Seller may reserve, at its discretion and upon agreement between the parties, the payment of the amount of the new and additional order in an alternative mode than the advance payment (e.g. payment 30 days after the order, payment when the goods are ready to ship... etc).
6. MODE OF PROCESSING, DELIVERY AND ENFORCEMENT OF PENALTY
- The Seller can only accept orders with a delivery to the countries included within the site indicated at this URL https://wiautomation.com/
- Purchased products may be delivered to the address indicated by the Customer in the order by the date indicated in such Shipping Confirmation.
- Delivery periods for the ordered products are purely indicative, as they may be subject to variations due to force majeure or to traffic conditions and road conditions in general or may be subject to the act of the Authority, as well as to delays attributable to the carrier and/or the company supplying the products. No responsibility can therefore be attributed to the Seller in case of delay in the processing of the order or in the delivery of the goods.
The approximate delivery time for goods in "In Stock" status is usually 1 to 10 business days.
Indicative delivery times for goods "Available on Order" range up to 10 weeks, in alternative case notification of delivery time will be made via e-mail. Cancellation of an "Available on Order" order occurs as in section 4-g of this documentation, "Availability and Order Cancellation." Delivery times are subject to change depending on delays on production by the manufacturer or delays on processing by the supplier.
- The products are shipped with packaging made by the Seller which varies depending on the products ordered, the number of products and their weight/volume.
- Unless otherwise specified in the order summary prior to purchase, shipping charges, where applicable, are the responsibility of the Customer and detailed prior to payment. The Seller reserves the right to change shipping policies at any time and give appropriate notice to the above URL. The Customer pays for the goods using the method chosen when placing the order.
- The delivery shall be deemed to have taken place, or the order delivered, by means of the acquisition by the Customer or the addressee of the order other than the Customer or, in any case, by a third party indicated by it or forming part of its company who qualifies as such at the time of receipt of the goods (ex multis, employee, collaborator, etc.) of the material availability of the product which is proven by the signing (by one of the aforementioned parties) of the receipt of the order at the agreed shipping address. Once the declaration of the person to whom the goods are entrusted/delivered is acquired, no liability in connection with the non-receipt of the same can be attributed to the Seller.
- It is the responsibility of the Customer - or the aforementioned parties - to make themselves available throughout the course of the day on the specified dates to collect the products from the address specified at the time of purchase.
- If at the passage of the courier on the days and/or time slots indicated, the Customer - or whoever for it or the recipient of the products - was not present, the courier makes no. 2 (two) delivery attempts following the first (unsuccessful) attempt. If it fails to deliver the products despite the three attempts made, it will arrange for the practice of storage. The goods may be held in storage for up to 7 working days at no additional cost for the Customer. Failure to withdraw the products at the end of this period will result in the cancellation of the order by the Seller and the refund of the full amount previously paid, less the costs of the unsuccessful delivery, the costs of returning the goods to the Seller and any other costs incurred from the day after the day on which the courier left notice of attempted delivery. The termination of the contract, the amount of the refund and the deducted expenses are communicated to the Customer by e-mail to the address entered at the time of the order.
- Upon delivery of the products, the Customer is required to check:
- that the number of packages being delivered corresponds to what is stated in the transport document;
- that the packaging is intact, undamaged, or otherwise altered and with intact seals.
- Any external damage or any mismatch in the number of packages must be immediately objected to the delivering courier by marking "withdrawal with reservation". In the specific case of a damaged package, the following must be noted on the courier's waybill: "withdrawal with reservation as the package is damaged".
- Once the courier's document has been signed, the Customer may not object in any way to the external characteristics of what has been delivered.
- In the event that the Customer provides an incorrect shipping address, the order will be delayed and additional shipping and handling charges will be assessed for returned or re-addressed orders. It is not possible, in such a case, to request a refund.
- The Customer who purchases one or more products will have the opportunity to evaluate the product, after receiving it, by leaving a review ("Review"). The Review must be about the product received and not about the services (e.g. delivery) and will be posted under a pseudonym chosen by the Customer.
- The Customer warrants that any information, messages, text, data, made available on the Seller's site via Review is original and does not violate any third party's rights, including but not limited to copyright, intellectual property rights.
- The Customer acknowledges that he/she is the author and is solely responsible for any and all Reviews transmitted, disclosed, exchanged or otherwise made available by it to Seller and agrees to indemnify and hold Seller harmless from any third-party claims and/or demands arising from its Reviews.
- The Customer agrees not to disclose and "post" Reviews containing sensitive data, as well as enter/post content of a pedo-pornographic, pornographic, obscene, blasphemous, defamatory, offensive, contrary to public order or morality, promoting or inducing illegal activities or containing viruses or other software damaging the functionality of others' computer systems.
- The Seller declares that it does not, in any case, perform editorial control over the Reviews and does not perform any activity of control over the lawfulness, truthfulness, substantiation, accuracy, non-deceptiveness, and non-offensiveness of the Reviews. In any event, the Seller reserves the right to reject and/or delete Reviews not deemed suitable at its discretion.
- Seller disclaims any liability for damages, claims or losses, direct or indirect, arising to Customer or third parties from the transmission, disclosure, exchange or making available of Reviews provided by Customer.
- The Customer who accesses the Site declares that he/she is aware of the possibility that the Reviews may have content deemed by it to be inappropriate or that may offend the sensibilities of certain persons, and in any case acknowledges that the responsibility for the Reviews does not lie with the Seller but with their respective authors.
- RIGHT OF WITHDRAWAL, LEGAL WARRANTY OF CONFORMITY AND SELLER'S WARRANTY
- Right of withdrawal
In application of the provisions of the Uniform Commercial Code, unless otherwise specified by the regulations of the State of residence of the Consumer Customer, for products of the Seller and purchased by the Customer who holds the status of Consumer (the one who purchases as Private individual, without therefore entering a Sales Tax Number) -- there is a right of withdrawal within 14 days from the delivery of the products. For customers purchasing as a Company or Individual Firm, the right of withdrawal is never enforceable.
Specifically, the Consumer should write to the following email address: email@example.com, indicating:
— Recipient [name, geographical address and, if available, telephone number, fax number and e-mail addresses must be entered by the professional]:
— I/we () hereby give notice of withdrawal from my/our () contract of sale of the following goods/services (*)
— Ordered on ()/received on ()
— Name of consumer(s)
— Address of consumer(s)
- Seller's Liability
In the event of receiving the wrong product with regard to what was ordered (to be understood as the only instance in which the error is attributable to the Seller) or damaged (due to causes attributable to the Seller or the courier) or altered or, in general, nonconforming, the Customer who holds the status of Consumer has the duty to report such errors and defects within the time limits provided by the Uniform Commercial Code and the legislation of the State of residence of the Consumer Customer, in the case of the provision of digital content or digital service. This paragraph also applies to goods bearing digital elements.
In the case of a purchase by a Customer who does not hold the status of Consumer, the rules of the Italian Civil Code, specifically Article 1495 of the Civil Code, which requires the reporting of flaws within 8 days of their discovery, shall apply with regard to the reporting of flaws. The action is limited to one year from delivery. Therefore, under these Terms and Conditions, the manufacturer's warranty of the purchased goods does not apply, since Parcop S.r.l. does not hold the status of authorized reseller.
b.1 Refurbished products are covered by the same legal warranty that applies to new products. However, it should be noted that, due to the inherent characteristics of refurbished (used) products any aesthetic and non-functional flaws, such as scratches, signs of wear and tear, lack of accessories not essential for the functioning of the product, will not be covered by the legal warranty. The Customer who purchases the refurbished product, that is, aware of the purchased product, in all its characteristics, cannot claim as a lack of conformity what is inherent in the product itself and accurately described.
In any case, the Customer has the burden of attaching, to the return email, for the consumer or, to the return form, for the company, appropriate photographic and/or video documentation from which the error or flaw is clearly evident.
This is without prejudice to the additional conventional warranty granted by the Seller for refurbished products, for a duration of up to 12 (twelve) months from purchase, where provided for and, therefore, specified in the relevant product sheet.
b.2 In the case of goods bearing digital elements, in the contractual relationship between the seller and the consumer (b2c), the seller is bound to keep the consumer aware of available updates, including security updates, necessary for the purpose of maintaining the conformity of such goods, and to provide them to the consumer, in the period of time:
- a) that the consumer can reasonably expect, given the type and purpose of the goods and digital elements, and taking into account the circumstances and nature of the contract, if the sales contract provides for a single act of supply of the digital content or digital service;
- b) if the sales contract provides for a continuous supply of the digital content or digital service over a period of time.
If the consumer does not install the provided updates within a reasonable period of time, the seller shall not be liable for any lack of conformity resulting solely from the lack of the relevant update, except in the cases provided for in (a) and (b) of this Article, paragraph 2.
There is no lack of conformity if, at the time of the conclusion of the sales contract, the consumer was specifically informed that a particular characteristic of the goods deviated from the objective conformity requirements set forth in these standards, and the consumer expressly and separately accepted this deviation at the time of the conclusion of the sales contract.
In any case, for goods bearing digital elements - such as but not limited to Allen-Bradley PLC products - Parcop S.r.l. does not guarantee the presence of any firmware or any necessary level of firmware, nor can it otherwise provide it. Therefore, in such cases, no liability whatsoever can be attributed to Parcop S.r.l. It is the Customer's obligation to abide by the terms of any License Agreement relating to obtaining or installing firmware where present. Following receipt of the email and/or form and related documentation, the Seller evaluates the error, flaws and any on-conformity reported by the Customer and decides whether to authorize the return of the Products by providing a feedback, containing the "Return Code," via email to the address provided during the transmission of the order.
- The authorization to return the products does not constitute in any way recognition of flaws or non-conformity, the existence of which must be ascertained after the return through the inspection and technical analysis of the product(s), which may take: from 1 to 7 working days from the arrival of the goods in the warehouses of Parcop S.r.l. in the case the user holds the status of Consumer; or from 1 to 15 days if the user does not purchase while holding the status of Consumer.
- To this purpose, therefore, the Customer is urged not to handle the product beyond what is strictly necessary and must wrap the original packaging of the products with other protective packaging that preserves their integrity and protects them during transport even from writing or labelling;
- The products, of which the Seller authorizes the return for the aforementioned reasons, must be returned by the Customer through a carrier with traceable and always insured shipment in case of a value exceeding € 500, together with a copy of the return authorization notice bearing the "Return Code", to the following address within:
-14 (fourteen) days from the reporting of the flaw or non-conformity;
- In such case, before proceeding to the refund, where it is not impossible or excessively burdensome for the Seller, the latter will suggest repair or replacement with similar product as a solution that must always be expressly accepted by the Customer. In case of non-acceptance of the replacement product, the amount previously charged on the Customer's means of payment will be refunded. Any refund of the price paid and related shipping costs is made, where possible, through the same means of payment used by the Customer when purchasing the Product. Otherwise, the Customer is requested to provide IBAN code of its bank account so that the Seller can execute, by means of bank transfer, the relevant refund.
- In the event that, as a result of the inspection checks reveals any tampering with the product, the Seller will not return the amount paid by the buyer and will promptly notify the Customer of such decision.
9. EXPRESS TERMINATION CLAUSE
The Seller has the right to resolve the contract entered into by simply notifying the Customer and stating its reasons; in this case, the Customer is entitled solely to the return of any amount already paid with no further claim whatsoever.
The obligations assumed by the Customer, as well as the guarantee of the successful completion of the payment that the Customer makes by means referred to in Article 5, are essential in nature, so that by express agreement, the failure by the Customer to perform the services underlying the execution of the contract and the quality of the service (ex multis, conduct that hinders or does not facilitate the shipment of products by the Seller) may result in the termination of the contract by right under Article 1456 of the Italian Civil Code, without prejudice to the right for the Seller to take legal action for compensation for further damage.
10. LIMITATION OF LIABILITY
- The Seller, in the event that it fails to execute the order in the time stipulated in these general terms and conditions of sale, shall not assume any liability if the non-performance or defective performance results from inefficiency due to the act of a third party, the fault of the Customer or attributable to force majeure or fortuitous event or any other event that is not under the direct and exclusive control of the Seller (including, but not limited to, catastrophic natural events, acts of terrorism, wars, popular uprisings, power failure, general strike of public and/or private workers, strikes and/or restrictions on courier and airline routes, holiday periods (e.g. Christmas season), delays or lack of production of the products by the supplier.
- The Seller shall in no way be liable for any damages, caused to the Customer or third parties, resulting from improper use of the products.
- The Seller is in no way responsible for the misuse and/or disclosure to third parties of the Customer's registration/log-in information.
- The Seller shall accept no liability for any direct or indirect damages, whether foreseeable or not, resulting from and/or related to the Customer's use of the Site. If Seller is held liable for an injury suffered by Customer and attributable solely to the transmission of an order, such liability shall be limited to the amount of the order actually paid by the Customer to the Seller.
- The Seller accepts no liability for any fraudulent and unlawful use of credit cards and other means of payment that may be made by third parties, when payment is made for the Products purchased, if it can prove that it has taken all possible precautions in accordance with the best available technology and experience at the time and in accordance with ordinary diligence.
11. JURISDICTION AND COURT OF LAW
These General Conditions of Sale are ruled by Italian law and shall be interpreted in accordance to it, without prejudice to any different prevailing mandatory rule of the Customer's country of habitual residence if the latter is qualified as a Consumer.
For any dispute arising from the application, execution and interpretation of these General Conditions of Sale, the Court of Naples shall have exclusive jurisdiction if the Customer has made the purchase for purposes related to entrepreneurial, commercial, professional or craft activity.
For any dispute arising between the Consumer and the Seller the State of residence of the Consumer and the court in whose district the Consumer has its residence or domicile shall have jurisdiction.
(to be substituted for placing online with pop-up or point and click)
According to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Customer declares that he/she has carefully read the contract and expressly approves the following clauses:
Art. 4 (availability of products and tacit confirmation of cancellation as per g));
Art. 5.f. (duties and taxes of the destination country);
Art. 6 (limitation of liability for late delivery and non-receipt of goods, penalties);
Art. 9 (express termination clause);
Art. 8.b2 - 10 (limitations of liability);
Art. 11 (exclusive jurisdiction for Customer who is not a Consumer).