1) CONFIRMATION OF ORDER AND ACCEPTANCE
The sale of our products is governed exclusively by these general conditions; any modifications, amendments, exceptions and/or cancellations must be agreed upon exclusively in writing or by
email and must be expressly accepted by IOSSELLIANI di Paolo Giacomelli, hereinafter called IOSSELLIANI. In particular, in the event of IOSSELLIANI receiving any requests for cancellations following the start-up of production, the seller reserves the right to refuse or accept them subject to partial payment of the supply depending on the state of progress of the production itself.
Particular conditions (amounts, price, methods of payment, etc.) will be those indicated in the numbered purchase order/proforma invoice sent by IOSSELLIANI; orders will only be accepted if they comply with the offers.
The order, even in the event of not being signed, foresees acknowledgement and acceptance of these general conditions. Furthermore, these general sales conditions, will prevail over any other condition or agreement indicated by the client.
2) SAFEGUARDING OF KNOW-HOW – DESIGN
The client decisively undertakes not to disclose any technical or commercial information or any other data which he might learn about during the contractual relationship. In
the event of any breach of the above on the part of the client, the seller reserves the right to claim compensation for damages. Likewise, all technical and commercial documents, models and designs that IOSSELLIANI might exchange with the client during performance of the purchase order will be subject to the same confidentiality clause. In the event of any information and/or technical or commercial data disclosed by the client proving to be in violation of the right of design property.
3) DELIVERY AND TRANSPORTATION
IOSSELLIANI undertakes to respect the delivery times indicated in the order confirmation which, in any case, may not be considered mandatory but are purely indicative. In the event of a possible written agreement stating an exact delivery time, IOSSELLIANI may not be held liable for any possible delays in delivery due to causes of force majeure and/or to any fortuitous and extraordinary events (such as, for example, accidents, strikes, transport delays, natural calamities, difficulty in obtaining the raw materials, breakdowns in production plants, etc.) . Transportation of the goods is always at the expense and total risk of the client, regardless of the methods chosen either for transportation or for payment; even in the hypothesis in which, as a mere act of courtesy, IOSSELLIANI should directly organize transportation on behalf of the client, the risks involved will be at the client’s own responsibility and IOSSELLIANI will be expressly exempted from any liability arising from damages due to transportation, unless otherwise agreed to in writing.
4) TERMS OF PAYMENT AND OVERDUE PAYMENTS
The prices and methods of payment are those shown in the offers issued by IOSSELLIANI and, if issued by representatives and/or distributors, are only binding following confirmation and acceptance by the seller. IOSSELLIANI requires the 30%deposit upon order confirmation, 70% balance due upon scheduled delivery.These conditions apply to all clients, unless differently specified. In the event of default in balance payment on the part of the client, IOSSELLIANI reserves the discretional right to keep the deposit as a partial refund of expenses.
5) QUALITY OF THE GOODS
All IOSSELLIANI products are subjected to quality control procedures during all stages of manufacture in accordance with internal procedures. Any tolerances and/or product variations may derive from the nature of same and are to be considered part of the handcrafting procedure and not as defections. IOSSELLIANI is entirely handcrafted in ITALY. Our goods are nickel free.
6) LIABILITY FOR FAULTS AND/OR DEFECTS IN THE PRODUCT //GUARANTEE
IOSSELLIANI warrants that it will assume responsibility for any faults and/or defects in the products sold and will undertake to replace same at no additional cost within six months from purchase date. No compensation will be offered by the seller for any possible direct damage to either the client’s systems or end product. This guarantee will only be valid on condition that:
- the client sends written notification, within the 7 day deadline stipulated from the date of delivery, detailing any obvious or evidentfaults and/or defects;
- the client sends written notification, within the 30 day deadline stipulated following discovery, detailing faults and/or defects that were not immediately evident or only evident following their use and in any case not later than six months after delivery;
- that the client has used the product in accordance with the instructions and technical methods specified.
7) RETAIL POLICY
In order to maintain a high brand positioning, all clients are asked to refer and maintain the suggested mark-ups, which for distribution reasons are divided into geographical areas: 2.6 m/up for Europe and USA, 2.8 m/up for Australia, Canada and Middle East, 3.0-3.2 for Asia.
8) GOVERNING LAWS
The above general conditions listed herein and for everything not expressly established herein will be governed by the laws pertaining to sales set forth in the Italian civil code (article 1470 and following)
9) PROCESSING OF PERSONAL DATA
Legislative Decree no. 196 of 2003 – the client authorizes the processing, communication and dissemination of his personal data by IOSSELLIANI (*)for all contractual requirements as well as to allow for a more efficient handling of contractual-commercial relationships. Said data may be processed in written form or on paper, magnetic, electronic or telematic supports.
Any controversy, claim or dispute arising between the parties in connection with the interpretation and fulfilment of this sales contract will be referred to the exclusive jurisdiction of the Courts of Rome.
(*)The personal data controller is IOSSELLIANI di PAOLO GIACOMELLI Via Casilina Vecchia,27 00182 Roma, Italia