TERMS AND CONDITIONS OF SALE
“Seller” means FAE Technology SPA.
OFFER AND ACCEPTANCE OF THE OFFER.
The Seller does not accept any other term or condition contained in any request for quote, purchase order or other documents of the buyer, and none of these terms or conditions may be effective or bind the Seller, unless they have been agreed in writing and signed by a representative of the Seller.
ORDERS AND ESTIMATES
In accordance with Legislative Decree of 9 April 2003, n. 70 on electronic commerce, FAE TECHNOLOGY informs that:
- to conclude the purchase contract for one or more products on the Site, the buyer shall fill out an electronic order form and send it to FAE TECHNOLOGY, following the instructions that will appear from time to time on the Site;
- the contract is concluded when the order form Buyer reaches the FAE TECHNOLOGY server;
iii. before forwarding the order form, the buyer may identify and correct any errors in entering data by following the instructions on the Site;
- once the order form has been registered and the validity of payment used has been confirmed, FAE TECHNOLOGY will send it to the buyer, to the email address indicated, the order confirmation containing the direct link to all the summary information of the order.
- the order will be stored in the database of FAE TECHNOLOGY for the time necessary to the execution of the same and, however, in accordance to the applicable law. To access your order form, the registered buyer can consult the “Orders” section of the website.
- The languages available for the conclusion of the contract are Italian and/or English.
An order is only valid for the project on which it was based. Any changes to the project may require an updated quote which will be communicated by FAE TECHNOLOGY to the buyer.
With the electronic transmission of the Purchase Order, the buyer accepts these terms and conditions of sale of the Site unconditionally. FAE TECHNOLOGY reserves the right to verify the orders and to confirm them by email, and not to carry out orders of purchase that are incomplete or not correct or to demand the payment of an extra cost if FAE TECHNOLOGY must modify the orders. In these cases we will inform you that the contract has not been concluded and that FAE TECHNOLOGY has not followed up the purchase order, specifying the reasons.
The processing cycle of the order will be started as soon as FAE TECHNOLOGY has confirmation of the payment of the extra fee due, if any. To meet the delivery term and provide the product on time, the orders to the suppliers will be executed when the buyer’s order will be placed in the system.
The time of working of the selected order in phase of estimation must be considered always calculated from the moment in which all the technical verifications on the validity of the files of the project are considered completed and possible extra quotas are paid by the buyer.
Estimates are valid for 60 minutes, after which the estimate will be re-calculated.
The products will remain the property of FAE TECHNOLOGY until payment by the buyer of the total amount due. In the event that the total amount due is not paid or the success of the payment is not confirmed, the purchase contract shall be deemed to be terminated automatically pursuant to and for the effects referred to in art. 1456 c.c.. The buyer will be notified by e-mail of the termination of the contract and the consequent cancellation of the order.
FAE TECHNOLOGY will ship the products only after receiving confirmation of the success of the payment of the total amount due from the buyer.
PRICES AND PAYMENT CONDITIONS.
All projects are estimated in Euro and all payments must be made in Euro.
Payment can be made by Visa, MasterCard or American Express or by Paypal account.
All financial information (e.g., credit/debit card number or expiry date) shall be forwarded, by means of an encrypted protocol, to the banks providing the relevant electronic payment services, without any third party having access to them. The credit/debit card number and all financial information, moreover, will never be used by FAE TECHNOLOGY if not to complete the procedures related to your orders and to issue any refunds or penalties (where provided for in the contract), or if necessary, prevent or report to the police the commission of fraud through the Website.
The Seller, in case of appropriate credit references and registration of the program “PREMIUM”, can offer the buyer a payment option with special conditions (transfer to the order, transfer 30 days or other) which will be noticed to the buyer among the payment options at the time of check-out of the order.
In the case of selection of the payment option “transfer to order”, the processing cycle of the order will be started as soon as the Seller has confirmation of the credit of the due fee; This notwithstanding, in order to respect the delivery terms, the orders to the suppliers will be executed at the moment in which the order of the buyer will be inserted into the system.
If the buyer fails to complete the payment of his order by one of the above methods (e.g. a negative result of the procedure for verifying the validity of the card and/or the absence of blocks; lack of cash on the supporting account; attainment of the maximum expenditure ceiling, etc.) and if FAE TECHNOLOGY decides not to proceed to the termination of the contract pursuant to and for the effects of art. 1456 c.c., the order made by the buyer will be suspended and customer service will contact the buyer to propose payment by European bank transfer.
In the case of payment by bank transfer, the delivery time of the product will begin from the date of receipt of the transfer by FAE TECHNOLOGY or from the date of receipt by FAE TECHNOLOGY of the receipt of the transfer, depending on which of the two is first. To facilitate the connection between the payment received by bank transfer and the order, the buyer is asked to indicate in the bank transfer:
– the number of the order;
– the date of transmission of the order;
– the name and surname of the holder of the order, if different from those of the holder of the current account from which the transfer comes.
We advise the buyer to send to FAE TECHNOLOGY, by e-mail, the receipt of the bank transfer.
In order to ensure the security of payments made on the Site and to prevent any fraud, FAE TECHNOLOGY reserves the right to ask the buyer, by e-mail, to send, by the same means, a copy front/back of your identity card, valid, and, if the holder of the order is different from the holder of the credit card or PayPal account, the identity card of the latter.
DELIVERY–PROPERTY – RISK OF LOSS.
The delivery options are subject to revision at the time of the order and the shipping costs are highlighted during the estimation phase. In general, the delivery of the products purchased on the Site is made in all the States indicated at the shipping address indicated by the buyer in the order form.
The shipping costs of the Products, which may vary in relation to the shipping mode chosen by the buyer, and any additional cost shall be borne by the buyer, unless otherwise indicated by the parties.
All the pieces are shipped for delivery ex works in compliance with the INCOTERMS return term applicable on the date of receipt of the order.
The risk of loss passes to the buyer at the time and place of delivery of the goods to the courier. The ownership of the goods is not transferred to the buyer until the final payment of the balance has been received by the seller.
It is up to the buyer to verify the condition of the product delivered to him. Provided that the risk of loss or damage of the products, due to reasons not attributable to FAE TECHNOLOGY, is transferred to the buyer when the same, or a third party designated and different from the carrier, physically takes possession of the products. The buyer is recommended to verify the integrity of the packaging and the number of products received and is invited, where possible, to indicate on the carrier’s transport document any anomalies.
TAXES AND TAXES
They are the sole responsibility of the buyer must pay all duties, excise duties, taxes and other taxes resulting from this sale.
The Seller assumes no liability for the design of the items that are the subject of this sale. To the extent that the Seller suggests changes to the project or provides analysis, simulation or project advice, it does so to meet the needs of the Seller’s processing process.
The buyer assumes full legal responsibility for the specifications of the project and the performance of the goods subject to this transaction.
The Seller does not provide any insurance or warranty, expressed or implied, of any kind, with respect to any goods or service included, but not limited to any warranty of merchantability, suitable for a particular purpose or non-violation.
Without limiting the foregoing, the Seller does not assume any liability or constraint for the selection of materials for the goods subject to this sale.
If the buyer requests the assembly of components that FAE TECHNOLOGY must acquire from a third party, the buyer assumes, exclusively, the risk inherent in the non-conformity of those components which are not attributable to the assembly process and undertakes to contact directly the supplier of the non-conforming and/or defective component for the elimination of those components vices, faults, and not conformity.
The buyer assumes the obligation of warranty on the materials selected for the goods to be produced by the Seller, in order to comply with any requirement or specification, including Directive 2002/95/EC on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS Directive) together with any national legislation implementing that Directive, ISO, FDA, UL, CSA, EC, TUV, FCC, NSF and USP. Any communication from the Seller’s staff or specifications provided by the Seller in relation to the materials must be verified by the buyer with the material manufacturer.
LIMITATION OF DAMAGE
In no case shall the seller be held liable for incidental, consequential or punitive damages of any kind, whether for breach of warranties, rupture or denial of any other term or condition, negligence, based on strict liability, or other.
Any contractual or non-contractual liability of FAE TECHNOLOGY for direct or indirect damages to persons and/or things caused by the failure to fulfill an order is also excluded.
WAIVER – COMPENSATION
The buyer must hold and indemnify the Seller (and his employees, representatives and agents) from and against any claim, liability, loss, damage, penalty and fine of any kind (including, without limitation, interest, taxes and legal fees, customs duties, fines, taxes, criminal sanctions or any other government sanction of any kind)(i), resulting from or emerging from any breach of representation, guarantee or agreement of the buyer or its affiliates; (ii) if the buyer has provided the Seller with drawings, designs or other specifications of the goods or services, resulting from any claim that the goods produced by the Seller (or the action of producing such goods) according to those drawings, projects or other specifications that unduly deny or embezzle a patent, copyright, industrial secret or other proprietary right; (iii) otherwise resulting from or related to this sale; or if it is specifically understood that the buyer must indemnify and protect the Seller and hold the Seller free from claims against which the Seller himself has shown to be negligent or otherwise in error. If an action, cause or proceeding is taken or a claim is made against the Seller (or his employees, representatives or agents) that may give rise to liability, in respect of which a party claims compensation, then the party shall notify the buyer immediately and the buyer shall be entitled to assume, at his own expense, full control of the defence, the compromise or the arrangement. At the request of the buyer and at his own expense, the Seller must fully cooperate in such defence and be willing to make available to the buyer any relevant information under his control.
The Seller shall not be held liable for failure to produce, deliver or deliver, or for any delay in production, delivery or delivery of any goods to be delivered as indicated, if such lack or delay is caused by force majeure, fire, bad weather, strikes, blackouts, execution difficulties, riots, inability to obtain materials, equipment, labour or transport, government restrictions, serious public health disturbances or any similar cause on which the Seller is unable to exercise any control.
EU EXPORT REGULATIONS AND REGULATIONS.
Goods subject to this transaction may be subject to EU export control regulations and local regulations limiting the export and re-export of certain sensitive products and the technology where this is delivered and used: The client must abide by all these laws. Pieces shall not be sold, leased or transferred to end-users or restricted countries or to users who are involved in weapons of mass destruction or genocide.
By receiving these parts you agree to be legally responsible for the use and distribution of such parts in accordance with EU export control regulations and that you will comply with these regulations, including a ban on the sale or distribution of parts or end-users affected by restrictions as described in EU export regulations, and all necessary export licences or authorisations that may be where the parts are sold to parts or exported to countries for which a licence or authorisation is required.
All tools, plants and software developed by the Seller are his property.
Despite the instrumentation or development costs imposed by the Seller, all these tools and software produced by the Seller remain the exclusive property of the Seller. However, if the buyer provides such tools and/or software, the Seller may not use it in the production of goods in favour of any other customer of the Seller without the buyer’s written consent.
As for use in this section, “client tools or software” indicates the tools or software developed specifically for the buyer and for which the buyer is charged a separate cost by the Seller.
RIGHT OF WITHDRAWAL – art. 52 e ss. d.lgs. 6 settembre 2005 n.206)
Only in the case of a buyer who qualifies as a consumer under Italian law pursuant to and for the effects of art.52 of the Consumer Code, the Customer will also have the right to withdraw from the contract by means of a notice enabling the identification of the Customer and the contract.
Withdrawal shall be effective only if carried out within 14 days of the date on which the first delivery of products was made and in the following manner:
- i) by registered letter to/r at: FAE Technology SPA, via Battisti 136, 24025 Gazzaniga (BG) – Italy / Tel. +39 035 738130 with at least 10 (ten) days notice;
- ii) by email to the following e-mail address: email@example.com
FAE TECHNOLOGY, upon receipt of the notice of withdrawal, will immediately contact the Customer by phone in order to communicate the address of the place where the products must be returned; the Consumer will then take care of the return of the products to FAE TECHNOLOGY in accordance with these indications within and not later than the following 14 days.
FAE TECHNOLOGY, within 14 days following receipt of the notice of withdrawal, will fully refund the amount paid by the Customer. The cost of re-dispatching the products shall be borne by the Consumer.
The right of withdrawal is conditional upon the substantial integrity of the products to be returned.
APPLICABLE LAW – JURISDICTION.
The rights and obligations of the Seller and the Buyer relating to this contract are governed by Italian law (without regard to conflict of laws). The United Nations Convention on Contracts for the International Sale of Goods does not apply to this transaction. In the case of a buyer who holds the qualification of consumer under Italian law, these Terms of Sale are regulated by Italian law and in particular by Legislative Decree of 6 September 2005 n. 206 (c.d. Consumption Code), with specific reference to the law on distance contracts and the legislative decree of 9 April 2003 n. 70 on certain aspects concerning trade.
The competent court for any dispute concerning the interpretation, validity, effectiveness, execution of this contract and of these Terms of Sale is exclusively the Court of Bergamo (Italy). In case the Buyer is qualified as consumer under Italian law, the competent Court is the Court indicated by the applicable law.