Terms and Conditions for Businesses - Pubblipoint

Index:

Article 1 - Definitions
Article 2 - Trader's Identity
Article 3 - Applicability
Article 4 - Offer
Article 5 - Contract
Article 6 - Price
Article 7 - Compliance with the Contract and Additional Guarantees
Article 8 - Delivery and Execution
Article 9 - Extended Operations: Duration, Cancellation, and Extension
Article 10 - Payment
Article 11 - Retention of Title
Article 12 - Liability
Article 13 - Complaints ProcedureArticle 14 - Dispute

Article 1 - Definitions

The following definitions are used in these general terms and conditions:

Day: a calendar day;
Digital Content: data generated and provided in digital form;
Extended Contract: a contract for the regular supply of goods, services, and/or digital content over a specific period;
Durable Data Carrier: any means, including email, that allows the customer or the trader to store information personally addressed to them in a way that is suitable for the purpose for which the information is intended and facilitates the unaltered reproduction of the stored information;
Customer: an individual or legal entity acting in the course of their profession or business;
Trader: an individual or legal entity offering products, (access to) digital content, and/or distance services to customers;
Distance Contract: a contract concluded between the trader and the customer within an organized system for the distance selling of products, digital content, and/or services, wherein one or more distance communication techniques are used exclusively or not, up to the conclusion of the contract;
In writing: in these general terms and conditions, "in writing" also means communication via email and fax, provided that the identity of the sender and the integrity of the email have been sufficiently verified.
Distance Communication Technique: a system that can be used for the conclusion of a contract without the need for the customer and the trader to be in the same place.
Website: The trader's web store where products and services are offered for purchase by customers.

Article 2 - Trader's Identity

Business: Pubblipoint

Warehouse address:
Via dell'Industria 26
84025 Eboli (Sa9)
Italia

Telephone (IT): 0828 370278

Monday, Tuesday, Wednesday, Thursday from 9:00 am to 5:30 pm
Friday from 9:00 am to 5:00 pm

Email (IT): info@pubbli-point.com

P.IVA: 04163640651

Article 3 - Applicability

These terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and a customer.
If, in their order, confirmation, or statement regarding the acceptance of provisions or conditions, a customer includes provisions or conditions that deviate from or are not included in the general terms and conditions, these will be binding on the trader only if and to the extent that they have been explicitly accepted by the trader in writing.
The text of these general terms and conditions will be made available to the customer before the conclusion of the distance contract. If this is not reasonably possible, the trader will indicate, before the conclusion of the distance contract, how the trader's general terms and conditions can be inspected and, upon request, will be sent to the customer free of charge as soon as possible.
If the distance contract is concluded electronically, then, contrary to the previous clause and before the conclusion of the distance contract, the text of these general terms and conditions may be made available to the customer in such a way that the customer can easily store them on a durable data carrier. If this is not reasonably possible, the trader will indicate, before the conclusion of the distance contract, where the general terms and conditions can be electronically accessed, and that, upon request, they will be sent to the customer free of charge, electronically or otherwise.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the third and fourth clauses apply mutatis mutandis, and in case of conflicting clauses, the customer can always invoke the applicable provision that is in their interest.
If a provision of these general contract terms were to be null and void, this does not affect the validity of the contract terms as a whole. In such a case, the parties will draft (a) one or more new substitute provisions that, as much as possible, achieve the purpose of the original provision.

Article 4 - Offer

If an offer has a limited validity period or is subject to conditions, this must be explicitly mentioned in the offer.
The offer provides a complete and accurate description of the products, digital content, and/or services offered. The description provides sufficient details to enable the customer to adequately assess the offer. If the trader provides illustrations, these will be considered a faithful representation of the products, services, and/or digital content offered.
The content of the website and the offer will be compiled with the utmost care. However, the trader cannot guarantee that all information on the website is always correct and complete. All prices, the offer, and other information on the website and in other materials provided by the trader are also subject to obvious programming and typing errors.

Article 5 - Contract

The contract is concluded at the moment when the customer has accepted the offer, and the conditions contained therein have been met.
If the customer has accepted the offer electronically, the trader immediately confirms the receipt of the electronic acceptance of the offer. Until the trader has confirmed the acceptance, the customer can dissolve the contract.
If the customer accepts the offer, the trader still has the right to revoke the offer within 3 working days of its acceptance. The trader informs the customer immediately of such revocation.
If the contract is concluded electronically, the trader adopts appropriate technical and organizational measures to ensure the electronic transfer of data and ensures a secure web environment. If the customer is able to pay electronically, the trader will take adequate security measures.
If it is found that the customer has provided incorrect data at the time of accepting the contract, or in any other way concluding it, the trader has the right to fulfill the obligation only after the correct data has been provided.
Within the legal provisions, the trader may obtain information about the customer's ability to meet their payment obligations and all facts and factors essential for the responsible conclusion of the distance contract. If the trader's investigation provides valid reasons not to conclude the contract, he has the right to refuse it or to make its execution subject to special conditions. The trader who refuses the contract or attaches special conditions will inform the customer of this, stating the reasons, as soon as possible, and in any case within 3 days of the conclusion of the contract.

Article 6 - Price

All prices stated on the website and other materials provided by the trader are exclusive of VAT (unless otherwise indicated) and, unless otherwise stated on the website, exclusive of other government-imposed taxes.
Contrary to what is stated in the previous clause, the trader may offer variable-priced products or services that are linked to fluctuations in the financial market and over which the trader has no influence. The offer must mention this effect of fluctuations and the fact that the prices mentioned are recommended prices.
The trader has the right to modify the agreed prices within two weeks after the conclusion of the contract. The customer who disagrees with the modified price has the right to cancel the contract without the trader charging any costs.
Any additional costs, such as delivery and payment costs, will be mentioned on the website and in any case displayed during the ordering process

Article 7 - Contract Compliance and Additional Guarantees

The trader ensures that the products, services, and digital content comply with the contract, the specifications mentioned in the offer, the reasonable requirements of quality and/or usability, and the provisions of existing laws and/or government regulations at the time of concluding the contract.
If the delivered product, service, or digital content does not meet the contract (is delivered faulty or defective), the customer must inform the trader of this within, and no later than, 3 working days in which they could reasonably discover this fact. The customer who fails to make such communication no longer has the right to any form of repair, replacement, damages payment, and/or refund in relation to this defect.
If the trader deems a complaint to be valid, after consulting the customer, the relevant products will be repaired, replaced, or (partially) refunded. The trader may also direct the customer to a manufacturer or supplier.
If the customer returns the goods in accordance with the provisions of this article, the trader will refund the amounts that have been paid in advance within 30 days of receiving the returned products.
Manufacturers and/or suppliers may offer their own warranties. The trader does not offer such warranties. A trader who chooses to do so may mediate by invoking these warranties on behalf of the customer.

Article 8 - Delivery and Execution

Once the trader has received an order, they dispatch the products as soon as possible, in accordance with the provision outlined in point 3 of this article.
The trader has the right to engage third parties in fulfilling the obligations arising from the contract.
The delivery period is, in principle, 30 days unless clearly stated otherwise on the website or at the time of concluding the contract. The trader chooses the carrier.
If the trader is unable to deliver the products within the agreed-upon period, they inform the customer and provide the new expected delivery date. At this point, the customer has the right to cancel the contract and is also entitled to compensation for their damages resulting from the delayed or non-delivery, up to the maximum of the purchase price if the delayed or non-delivery is the result of the trader's intent or gross negligence. Immediately after being informed of the delayed or non-delivery, the customer notifies the trader whether they want the contract to be fulfilled or canceled.
Unless expressly agreed otherwise, the risk of the products being delivered passes to the customer as soon as they have been delivered to the specified delivery address. If the customer decides to pick up the products, the risk is transferred at the time of transfer of the products.
If the customer or a third party chosen by the customer is not present at the delivery address at the agreed delivery time to take delivery of the products, the trader has the right to retrieve the products. At additional costs, in consultation with the customer, the trader will determine another time and/or day to redeliver the products to the customer. If delivery proves impossible, the obligation to pay does not lapse, and the customer will be charged any additional costs, including return delivery costs.
If the ordered goods can no longer be supplied, the trader will make an attempt to offer the customer a similar product of similar quality. In this case, the customer has the right to cancel the contract free of charge.

Article 9 - Extended Operations: Duration, Cancellation, and Extension

Cancellation:

The customer may at any time terminate the contract entered into for an unspecified period, namely for the regular supply of products (including electricity), digital content, or services, in accordance with the agreed termination rules and a notice period of two months.
The customer may always terminate a contract concluded for a specific period that is for the regular supply of products, digital content, or services at the end of the specific period, in accordance with the agreed termination rules and a notice period of two months.
The customer may terminate contracts covered by the two preceding clauses in writing.

Extension:

A contract entered into for a specific period for the regular supply of products, digital content, or services will be tacitly renewed for the same originally agreed-upon period.
The aforementioned notice periods apply, mutatis mutandis, to terminations by the trader.

Article 10 - Payment

The customer must pay the trader in accordance with the ordering procedures and, if applicable, using the methods indicated on the website. The trader is free to choose which payment methods will be offered and may modify them from time to time. Unless otherwise agreed, in the case of payment after delivery, a payment period of 14 days applies, starting from the day of delivery.
A customer who does not fulfill their payment obligations in a timely manner is immediately in default by operation of law, without any demand for notice of default being required. The trader has the right to increase the amount due with legal interest, and the trader has the right to recover from the customer any extrajudicial collection costs incurred and any legal costs.

Article 11 - Retention of Ownership

As long as the customer has not fully paid the agreed-upon amount, all delivered goods remain the property of the trader.

Article 12 - Liability

Except in cases of willful misconduct or gross negligence, the full liability of the trader towards the customer due to the negligent non-performance of the contract is limited to the reimbursement, at most, of the price (including VAT) agreed upon in the contract. In the case of an extended contract, the aforementioned liability is limited to the refund of the amount owed by the customer to the trader in the 3 months preceding the inflicted damage.
The trader's liability to the customer for indirect damages, including in any case - but not explicitly limited to - consequential damages, loss of profit, loss of savings, loss of data, and damages due to business interruption, is excluded.
The above clauses do not apply to damages suffered by the customer when they have resold to consumers products purchased from the trader, as a result of consumers exercising one or more of their legal rights against the customer in relation to a deficiency in such products.
To the extent that performance has not yet become definitively impossible, the trader's liability towards the customer due to a negligent defect in the performance of a contract arises only after the customer has immediately and adequately declared the trader in default, in writing, thus proposing a reasonable period for rectifying the defect, and the trader continues to fail to fulfill its obligations even after the expiration of that period. The notice of default must contain as detailed a description as possible of the deficiency, so that the trader can respond appropriately.
The existence of any right to compensation is always subject to the condition that the customer reports the damage to the trader as soon as possible, no later than 14 days after its occurrence.In case of force majeure, the trader is not obliged to reimburse damages that the customer may suffer.

Article 13 - Complaint Procedure

The trader has sufficiently well-publicized complaint procedures and acts in accordance with what is provided therein.
Complaints regarding the execution of a contract must have been communicated to the trader, with a clear and complete description, within a reasonable period following the customer's knowledge of the defects.
Complaints submitted to the trader will receive a response within a period of 14 days, starting from the date of receipt. If it is anticipated that a complaint will require a longer processing time, the trader will respond within the 14-day period, confirming receipt and indicating when the customer can expect a more detailed response.

Article 14 - Dispute Resolution

Contracts between the trader and the customer subject to these general contract terms are exclusively governed by Dutch law.
Disputes regarding a contract that cannot be resolved amicably will be submitted to the competent court in the district where the trader is located. The trader and the customer may agree to settle their disputes through binding advice or arbitration.