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Terms and Conditions

General Terms and Conditions of Online Sales

Section 1 – General Provisions and Definitions 

These General Terms and Conditions of Online Sales (hereinafter referred to as Terms and Conditions) are valid exclusively between Generon S.p.A. with head office located at Via San Geminiano 4, 41030 San Prospero (Modena), VAT Number 02993600366, REA (Economic Administrative Repertoire) Number MO-348856 and any individual or entity with a VAT number that carries out online purchases on the website (hereinafter referred to as “the Customer”). These General Terms and Conditions of Online Sales may be amended and the date of such publication on the website will be considered as the date of their entry into force. These Terms and Conditions govern purchases carried out on the website and are valid for all purchases in Italy.

The term “online sales contract” refers to the purchase and sales agreement regarding the Supplier’s tangible moveable goods, entered into between the Supplier and the Customer in a context of distance selling carried out by means of telematics organised by the Supplier. The term Customer refers to business entities or professional individuals. The term Supplier refers to the entity cited above, that is the party providing the information services, or in other words, acting in the course of its business and trade activity.

Section 2 – Subject

With these Terms and Conditions, Generon S.p.A. shall sell and the Customer shall purchase online the tangible moveable goods described and offered on the website. The Customer undertakes to read these Terms and Conditions before placing any order, acknowledging acceptance of them by ticking the appropriate box. In the subsequent order confirmation email, the Customer will receive the link so that these Terms and Conditions can be downloaded and saved.

Before the purchase agreement is completed, the Customer will be informed about the characteristics of the goods, described in the product specifications, the total price of the goods, including taxes, with detailed information regarding delivery costs and any other costs, payment method, existence of a legal guarantee of conformity for the goods purchased, commercial guarantees, Generon S.p.A.’s geographical address, telephone number, fax number, email address.

The Parties shall refer to the online characteristics and specifications of the goods and the online catalogue price lists, unless otherwise agreed by the Parties.

Section 3 – Completion of Contract 

The sales contract will be considered as being completed once a confirmation email of the order has been sent by Generon S.p.A. to the Customer. Said email will include the Customer’s data, the order number, the price of the goods purchased, the delivery costs and the delivery terms. The Customer undertakes to check the accuracy of the personal data contained in the email and to promptly inform Generon S.p.A. regarding any corrections/amendments to be made. 

Section 4 – Customer Registration 

When the Customer requests the creation of a user profile on the website for the first time, the Customer will be asked to choose a username and a password. The Customer acknowledges that this identification data is the validation system for the user to access the services and it is the only system apt at determining that the activities carried out when accessing the site will be attributed to and binding for the Customer. The Customer undertakes to keep its access data confidential and to safeguard it with due care and diligence and not to divulge it, not even temporarily, to third parties.  

Section 5 – Prices

Generon S.p.A. may modify its prices at any time, however, the goods will be invoiced on the basis of the prices stated on the website at the moment the order is placed and specified in the confirmation email sent to the Customer. The prices stated on the website do not include VAT and do not include delivery costs.

Section 6 – Delivery Terms

Generon S.p.A undertakes to dispatch the goods within 15 working days from the order confirmation date, subject to warehouse availability. Delivery costs are at the Customer’s expense and are explicitly stated at the moment the order is placed. For every order carried out on the website, Generon S.p.A. shall invoice the dispatched goods. A courtesy copy of the invoice will be sent in digital form to the email address specified by the Customer, the electronic invoice will be sent by means of an Exchange System Code (SDI) or certified email stated by the Customer in accordance with the law in force. The invoice will contain the information provided by the Customer during the purchasing process. Once the invoice has been issued, no amendments may be made to the data stated on the invoice itself. Delivery will be carried out during normal working hours at the address specified by the Customer. The Supplier will not be held responsible for mistakes in delivery caused by inexact or incomplete data due to the incorrect completion of the purchase order form by the Customer, nor will it be responsible for any damages to the Products subsequent to delivery to the carrier nor for delays in delivery attributable to the carrier. The Supplier will not be held responsible for any damages deriving from the decision made by the Customer for a particular use of the goods and/or for events that occur, even as a result of the goods supplied, in the exclusive competence of the Customer and/or upon which the Supplier in not able to exercise its power of control  or which, however, cannot be unequivocally ascribed to the direct and exclusive responsibility of the Supplier itself for the lack of the promised quality of the goods.

Section 7 – Payment Method

All payments will be made exclusively by the credit cards specified on the website, by means of nexi and Paypal payment methods. Notifications regarding payments and the data provided by the Customer when payments are made, are all carried out by means of specific protected communication lines.

Section 8 – Quality of Consumable Goods 

Products that are subject to quality guarantee refer to consumables, described as non-capital goods, or rather those products that are not designed for reuse. Upon receipt of the Products, the Customer shall both immediately check that all the Products received comply with the relative dispatch documents and promptly carry out tests to verify that the actual quality and quantity correspond to that promised. The Customer must report, in writing (, any defects in quantity and/or quality of the Products (specifying the defects or Products not delivered) to the Supplier within 8 (eight) working days from the date of delivery or from the discovery in the event of hidden defects. The Supplier is not responsible and cannot be charged in any form or manner for costs and/or expenses sustained by the Customer or by third parties regarding tests, consultations and inspections.

Within a reasonable time period, the Supplier shall verify the complaints expressed and, in the event the complaints are deemed to be valid, the Supplier shall replace at its own expense the missing or faulty Products, within the limits set forth in section 9. 

In the event that before or during use the Customer discovers or believes that defects or faults may reasonably be considered present in the Products purchased, the Customer must immediately stop using the Products in question and adopt all necessary precautions in order to reduce and/or not worsen the defects and any damages caused by the Products themselves. 

The Customer, unless otherwise instructed by the Supplier, must return the rejected goods (in the best state of preservation possible and in the correct packaging) sustaining, on a provisional basis, the costs. The Supplier shall refund these shipping costs only after having verified, with a positive outcome, the correctness of the conditions of transportation and, subsequently, the existence of the reported defects, carried out with standard materials. In the event the Customer receives a faulty Product or one that does not comply with the order placed the Customer has the right to have the Product repaired or replaced, without sustaining any costs.

Section 9 – Quality of Capital Goods

The Supplier assures the Customer that upon delivery and for a period of 12 (twelve) subsequent months (“Warranty Period”), its Products are free from design or manufacturing faults as well as from defects relating to materials used (“Warranty”). The Products that are subject to such warranty are non-consumable goods, described as capital goods, that is those Products that are designed for repeated use. This Warranty is not applicable, and therefore the Supplier cannot be held responsible in any form or manner nor can it be charged for any costs, in the event that (i) the Products are not utilised in normal conditions of use and/or are not used in accordance with the instructions provided by the Supplier, (ii) any defects in the Products derive from an incorrect installation, maintenance or repair work or from alterations carried out without the written consent of the Supplier, (iii) the defects derive from the normal deterioration or wear and tear of the Products, (iv) accidental breakages. Except as otherwise provided for in these General Terms and Conditions,  given the particular nature of the Products, the Customer is in any case entitled to verify and check the quality of the data obtained following the use of the Products, by carrying out preparatory trials and/or tests regarding the use of the Products with standard materials. The Supplier takes no responsibility of any nature, explicit or implicit, except to guarantee that its Products are composed of standard quality materials, for this reason the Supplier shall undertake to provide a substitute Product only in the event of faulty materials. The Supplier will not be responsible for any damages, including special or consequential damages, or costs deriving directly or indirectly from the use of the data obtained. In the event that, during the Warranty Period, the Products do not maintain the guaranteed characteristics referred to in the previous sections, the Customer, under penalty of forfeiture of the right to appeal, must promptly report such defects or faults and must stop all use of the Products in question to avoid further damages. In that case the Supplier shall fulfill the Warranty commitments by repairing or replacing free of charge the components with manufacturing defects. Accepted Warranty claims will be promptly carried out, in accordance with the planning of the actions to be taken on the basis of the operational priorities of the Supplier and without any obligation as regards necessary maximum time limits, as these are also affected by the complexity of the actions and by the availability of the spare parts and/or items. The repair of the Products under Warranty will not result in any extension to the Warranty itself. If, instead, the Products are replaced, then the Warranty will be extended. Actions carried out under Warranty do not necessarily require technicians to be sent to the Buyer’s premises, therefore it will be the Supplier that assesses whether action is required or not at the aforementioned premises. When actions are carried out under Warranty, the Supplier shall bear the costs of transportation of the Product and/or of faulty parts.  

Section 10 – Liability and compliance with EU regulations 

Generon S.p.A. is not liable for any disruption caused by force majeure or unforeseeable circumstances or in the event of malfunctioning of the website or the internet. The term force majeure includes but is not limited to: strikes, Public Authority measures, rationing or shortage of energy sources or raw materials, transportation problems, fire, flooding, earthquakes, wars, revolts. The Seller shall promptly inform the Customer regarding the occurrence and termination of a cause of force majeure. If the cause of force majeure persists for a period exceeding 30 (thirty) days, each Party shall have the right to terminate the Contract. The Supplier guarantees that the goods will comply with applicable European Union (EU) regulations. Except in the case of deceit and gross negligence by the Supplier, compensation for any damages to the Customer cannot however exceed the value of the individual component of the goods and/or item. Under no circumstances can the Supplier be held responsible for any loss of profits or revenues or for any other type of economic damage nor for any indirect damages, consequent to, deriving from or in relation to the use, the conditions, the possession, the maintenance, the delayed or non-delivery of the goods, even if the Supplier has been informed or has learnt about said damages.   

Section 11 – Safeguard Clause

In the event one of the clauses included in these Terms and Conditions is declared null and void for whatever reason, this will not compromise under any circumstances the validity of and compliance with the other provisions contained herein.

Section 12 – Intellectual Property Rights 

Any improper use of intellectual property is strictly forbidden (for example, it is strictly forbidden to market Generon S.p.A brand name goods and goods supplied by Generon S.p.A., by replacing the original pack or packaging with other brand names). The Supplier forbids any form of disclosure of information regarding Generon S.p.A brand name goods and goods it markets. Both simple disclosure of information and comparative advertising are forbidden, unless otherwise agreed between the Parties and with the written consent of the Supplier.

Section 13 – Privacy

It should be noted that the personal data of individuals may also be subject to these Terms and Conditions, including and not limited to, names, positions, telephone numbers, tax codes, payment and bank data, potentially the business name and email addresses of individuals, employees, customers and/or suppliers which could be used, processed and/or transferred for the purposes of pursuing the objective of this agreement.

Section 14 – Contacts

All requests for information must be made by email to the following email address, or by telephone to the following telephone number: +39 0598637161.

Section 15 – Applicable Law 

These Terms and Conditions are governed by Italian law, as is the interpretation of these Terms and Conditions.

Section 16 – Court of Jurisdiction 

Any disputes pertinent to and/or regarding these Terms and Conditions will be settled exclusively by the court of Modena.

These Terms and Conditions have been drawn up on (date) 09/22/2021.

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