General Sales Terms and Conditions
Last Updated September 2023
Before proceeding with your purchases, we invite you to carefully read the following Terms and Conditions of Sale. These terms govern the use of our website and your interaction with us during the purchasing process. Accessing and using our site implies your acceptance of these Terms and Conditions of Sale. Please take the time to carefully read this information, as it contains important details about your rights and obligations during the purchase process. If you have any questions or doubts, please do not hesitate to contact us before placing your order.
1. Identity and Contact of the Data Controller
- 1.1 These General Conditions govern the contracts for the sale or supply of SoLink products (hereinafter referred to as the 'Seller') with its own brand or SoLink brand indicated in the Seller's catalogs.
- 1.2 The catalogs do not constitute an offer and can be modified at any time. Furthermore, the technical characteristics and performance indicated in the aforementioned catalogs are purely indicative and do not in any way bind the Seller, who reserves the right to make construction changes to the products at any time.
- 1.3 Any changes to these conditions will not be valid unless expressly and specifically accepted in writing by the Seller.
- 1.4 The reference price list is the one in force at the date of sale.
2. Orders and Conclusion of the Contract
- 2.1 Orders must be made in writing and sent to the Seller, who reserves the right to accept or reject orders at its sole discretion.
- 2.2 The contract is only concluded with the Seller's acceptance (written order confirmation) and is subject to these General Terms and Conditions of Sale.
3. Prices and Offers
- 3.1 Product prices are those listed in the Seller's Price Catalog, unless otherwise specified in the specific conditions.
- 3.2 Prices do not include packaging, transportation, insurance, installation, and/or assembly costs, nor any other additional charges (taxes, taxes, etc.), unless otherwise specified in the specific conditions.
- 4.1 Payment is made by bank transfer unless different methods are agreed upon in the 'commercial conditions' in force. The goods remain the exclusive property of the Seller until full payment is received.
- 4.2 Advances must in any case be considered unproductive and can be made directly to the Seller, by bank transfer payable to *HDEMIA SRL.
- 4.3 Payment of the balance is provided upon notice of ready goods and must be received within 7 days from the receipt of such notice.
- 4.4 In case of non-payment, in whole or in part, the Buyer must pay interest on the outstanding amount at a rate equal to the official discount rate in force during the period of default, without prejudice to the Seller's right to declare the contract terminated.
- 4.5 Any partial payment does not give rise to any right of the Buyer to the goods themselves, and the same partial payment remains acquired by the Seller as compensation, without prejudice to the action for further damages.
- 4.6 Payment terms, whatever their form, are mandatory.
- 4.7 The Seller may immediately suspend the execution of any sales contract concluded with the Buyer until the Buyer has made full payment of the due price.
5. Express Resolutory Clause
- 5.1 Without prejudice to the above, if the delay in payment terms exceeds 60 days, the sales contract is automatically terminated, or even in writing, by the Seller, who may avail himself of this express resolutory clause.
6. Delivery Terms
- 6.1 The agreed delivery terms begin upon receipt of the order confirmation at the Seller's premises and are not mandatory, unless expressly provided for. Delivery terms are calculated in working days and, in no case, may be less than 7 days.
- 6.2 If an advance payment is provided for in the order or a payment by a financial company, the delivery terms will begin from the date of receipt of the advance payment or approval of the financial company.
- 6.3 In the event that delivery cannot be made due to force majeure or fortuitous event or other unforeseeable cause (delays or non-deliveries by its suppliers, interruption or suspension of transport or energy, availability or scarcity of raw materials, strikes or labor disputes) or, in any case, for causes not attributable to the Seller, the delivery terms are automatically extended from the date of communication by the Seller for a period equal to the duration of the impediment. After 60 days from the receipt of the aforementioned communication without the impediment having ceased, each of the parties may terminate the contract by written communication to the other party, by registered mail with return receipt requested.
- 6.4 In none of the cases considered by point the Buyer may avail himself of the right to renounce the purchase and may not resort to the right to compensation for damages.
7. Delivery and Transfer of Risks
- 7.1 The risks related to the purchased Products pass to the Buyer at the time of delivery to the carrier, with the loading of the goods on the means of transport at the Seller's warehouses, also peripheral.
- 7.2 The choice of the carrier is the responsibility of the Seller, and the delivery date to the carrier is the one on which the travel documents are issued.
- 7.3 The risks of damage, loss, or theft of the goods during transport are entirely borne by the Buyer, who can, however, insure the value of the transported goods at his own expense.
- 7.4 It is the responsibility of the Buyer to carry out the necessary checks upon receipt of the goods to verify their conformity in quantity and type with the order. Any non-conformities must be reported immediately on the accompanying document for the goods. No claims regarding quantity and type can be made after the goods have arrived at the Buyer's premises or at the location indicated in the respective order.
- 7.5 In case of replacements, the goods must be returned to the Seller within 3 months from their first delivery and must be intact and in their original packaging.
- 8.1 The Seller provides a warranty for the Products and component parts, relating to materials and their workmanship, in the event of inherent defects that render them unsuitable for the intended use or that diminish their value, in accordance with Articles 1490 et seq. of the Italian Civil Code.
- 8.2 The warranty period for inherent defects is 1 year from delivery, but the Seller is not obliged to provide the above-mentioned warranty if the buyer does not report the defect within 8 days of its discovery, in accordance with Article 1495 of the Italian Civil Code.
- 8.3 The warranty is excluded in the following cases:
-Incomplete payment of the price or one of its installments, if payment is made in installments.
-Defect not attributable to non-compliance with materials or workmanship, but dependent on the following causes: damage during transport; Non-compliance of the plant with laws and regulations; Incorrect installation; Damage resulting from force majeure, such as fires, lightning, etc., from weather conditions or in any case from causes not attributable to the Seller;
-Tampering and interventions carried out by unauthorized personnel; Defects due to anomalies in the electrical network; Omission or incorrect maintenance; irregular use and/or failure to observe the instruction manual and warnings; Normal wear and tear; Defects due to incorrect and diligent custody;
-Corrosion or breakage caused by: wandering currents, condensation, water aggressiveness, incorrectly performed decalcification treatments, frost, lack of water, deposits due to mud or lime deposits, acidity, overheating;
-Use of non-original or unauthorized spare parts by the Seller.
- 8.4 Preconditions for the warranty are:
-Installation carried out in accordance with the rules of the art, by a specialized company recognized as such and in possession of all the technical-professional requirements, according to the assembly instructions attached to each product or downloadable from the website and in the valid version;
-the Seller or one of its representatives must be given the opportunity to check the complaint 'in situ', immediately after the occurrence of any defects;
-a written confirmation of correct commissioning as well as of the recommended periodic check by the Seller must have been presented through one of its representatives appointed by a specialized company to which such assignment has been given.
- 8.5 This warranty is provided free of charge, and removed prices become the property of the Seller. Any transport, packaging, and labor costs are at the Buyer's expense for the indicated period.
- 9.1 In the event of serious non-compliance by the Buyer, such as cancellation of the order before the deadline, failure to collect the products, etc., the selling party may withhold the amounts already paid and demand an additional amount equal to 20% of the value of the purchase order as a penalty, without prejudice to the right to compensation for further damages.
10. Applicable Law - Competent Jurisdiction
- 10.1 The contract is governed by Italian law.
11. Shipping and Transportation Costs
- The transport costs of the goods will be invoiced by the Seller to the Buyer for each order, and the amount of the transport will be communicated to the Buyer through the order confirmation.
12. Reservation of Ownership
- The Seller retains ownership of the Products until full payment is received. It is expressly agreed that if they are not paid in full, they cannot even become, for any reason or effect, an appurtenance to the building in which they have been installed. The reservation of ownership does not affect the transfer of risk, as governed by art 7.
13. Privacy Data Notice
- With this notice, we inform you that *HDEMIA SRL will process the personal data acquired, in compliance with current regulations, for commercial, promotional, managerial, and statistical purposes. Failure to provide the data will make it impossible to complete this contractual relationship and will result in delays in complying with the warranty conditions, and you will waive receiving commercial proposals and information about our company's products and systems. The data acquired will also be processed by computer systems, in any case suitable to guarantee their security and confidentiality. The Data Controller for personal data is *HDEMIA SRL, located in Merate, Via Mameli 6 23807 Merate.