TERMS AND CONDITIONS
1 - SCOPE
1.1 - With the present general conditions of sale govern the relationship of the products sold on the Site www.goboservice.com, (hereinafter referred to as "Agreements"), which have arisen between the Sunland Optics srl, henceforth referred to as "Seller", and the enterprise / professional, henceforth referred to as "Purchaser".
1.2 - Contracts referred to in the preceding paragraph are completed, prior access to the site via telecommunication services.
1.3 - These terms and conditions shall apply only in the event that the negotiations between the Parties shall take place in the manner described above and do not apply to contracts which arose or arise in ways other than those specified.
1.4 - These terms and conditions may be supplemented / modified by any specific terms of the contract that the parties wish to establish exceptionally, from time to time during the procedure of conclusion. In the event of inconsistency or conflict, the individual specific conditions resulting from the summary of the order, shall prevail over these general conditions.
2 - THE PARTIES TO THE CONTRACT
2.1 - The Parts of the contracts of sale the Seller and the Buyer that conclude the Agreement following the steps in the link "Purchase Information" on the Site www.goboservice.com.
3 - PRODUCTS
3.1 - The term products are:
a) glass gobos black and white;
b) glass gobos in color;
c) metal gobos;
e) lamps and projector accessories.
3.2 - The sale covers the products listed in the appropriate sections of the site www.goboservice.com - e-catalogs - with the possibility, for gobos listed on the site, to customize them to specific requests of the Purchaser.
3.3 - Products subject to any particular contract are those established by the Parties in the offer and order, or at least in the case of custom gobos communications also that the Parties have in place in order to reach the conclusion of the Contract.
3.4 - Products, the type and quality of the same, and the amount agreed upon, the manner and the date of dispatch of the goods, packing, terms of payment of the price and any other specific conditions negotiated between the parties are set out in the offer and in the order, or in the case of custom gobos in other messages exchanged between the parties to conclude the Agreement as specified in paragraph 6.
3.5 - The Parties declare that I have carefully read, before the conclusion of the contract, of all the acts that preceded its conclusion. In any case, the Purchaser shall have cognizance of contracts communicated through a link in the e-mail summary of the order.
4 - PRICES
4.1 - All sales prices of the products offered in electronic catalogs in the Site www.goboservice.com, in euro, shall be considered net of VAT and shipping.
4.2 - The total costs related to the Products, shipping and delivery thereof shall be indicated on the website pages dedicated to the Seller in the order form and shall be borne by the Buyer.
4.3 - The price of the product shown on the website shall be final, except in cases in which - for exceptional circumstances - the Seller may deem appropriate to submit the revised price. Are considered exceptional conditions, by way of example and not limited to, first of all shipping in general, and also the sudden and agreed not change the price of materials, the sudden change in customs duties and currency exchange. In the event that the agreed price is exceptionally under review, the Parties undertake expressly to carry out price negotiations fairly and in good faith, taking into account the documentation produced and stating the exceptional circumstances that led to the revision.
4.4 - The objections of the Buyer, relating to Sections 4.1, 4.2, 4.3, shall be deemed contrary to honesty and good faith if, immediately after the same have been raised - but no later than 8 days after delivery of the goods - the same buyer does not send registered mail to the seller complaint with the justifications put forward the complaints.
5 - AVAILABILITY OF PRODUCTS
5.1 - The Buyer may purchase the Products in the type and / or quantity indicated on the Site
5.2 - Upon receipt of the order by the Seller of the system will automatically send an email summarizing the order received and the mode of payment of the price chosen by the Purchaser.
6 - CONCLUSION OF THE CONTRACT
6.1 - Except as provided in sub-paragraph 5.2, the Contract entered into through the Site shall be considered concluded when the Buyer submits the order to the Seller by accepting these general conditions of sale. The Contract shall be concluded at the place where the registered office of the Seller. The Seller will charge the Buyer immediately confirm receipt of the order by sending an e-mail summary of the same.
7 - TERMS OF PAYMENT
7.1 - Payment must be made in accordance with the conditions chosen by Buyer as specified in the e-mail and automatic summary order.
7.2 - The Seller manages the archiving of data required for billing amounts to the Consumer through a special computer system that is part of the provider.
7.3 - The tax records relating to the Products ordered will be issued by the Seller before the last day of the month in which it has been carried out the shipment of the products purchased and sent by e-mail format can not be changed in accordance with law. 20 February 2004, no. 52 implementation of Directive 2001/115/EC, as clarified by Circular Revenue Agency 45 / E of 19 October 2005. The Buyer is obliged to print the invoice.
8 - DELIVERY METHODS
8.1 - The Seller shall deliver the Products to the Buyer by courier and / or shipping agents.
8.2 - Delivery of goods will be at street level, at the place specified in the order by the Buyer. Unless otherwise stated, and in the absence of explicit wording to this effect, the place of delivery shall be taken as the shipping address.
8.3 - Loss of or damage to the Products occurring after the transfer of risk to the Purchaser not release him from the payment of the price.
8.4 - In the event that the delivery to the addressee must take place within a specific date (Goods "time sensitive" under art. 9.3), the Seller shall not be liable for any direct and / or indirect where the delivery does not take place for reason attributable to the Purchaser. The latter, indeed, he must make themselves available for the same delivery.
9 - DELIVERY THE CARRIER
9.1 - Standard service: normally the delivery of the product to the carrier will be:
a) in a day for glass gobos black and white or color;
b) in two days for gobos metal;
c) on a day to projectors, lamps and accessories.
9.2 - Express service: in the case of orders for custom gobos, projectors, lamps and accessories submitted by 14:00, when specifically requested, delivery to the carrier will take place during the day. The service does not include any additional cost if not for custom gobos each of which is due to a surcharge as explained on the "Site".
9.3 - The Buyer must inform the Seller of the fact that the products are "time sensitive", that is, the need that they are delivered to the delivery no later than a certain date.
9.4 - In the event that the carrier fails to deliver the product referred to in paragraph 9.3 above within the prescribed period and the Buyer refuses delivery, the Seller agrees to issue a credit note for the same amount of the order. If, however, the goods are accepted by the Buyer no longer allowed claims relating to the delay.
9.5 - In the event that the Purchaser refuse delivery pursuant to paragraph 9.4 above, the Seller shall not be liable for any direct and / or indirect if not refund the money already paid.
10 - ROLE AND RESPONSIBILITY OF THE PURCHASER
10.1 - The Buyer assumes full responsibility for the accuracy and truthfulness of the information placed on the site, finalized or not to complete the purchase of the products.
10.2 - The Buyer agrees to indemnify the Seller against any loss, damage, liability, cost or expense, including even attorneys' fees, resulting from any violation of the preceding paragraph.
11 - WARRANTY FOR DEFECTS AND / OR ANY FLAWS 'PRODUCT
11.1 - The Seller guarantees:
a) products comply with the technical specifications and information on the Site;
b) the products are suitable for the purposes for which goods of the same type are normally used;
c) projectors have the CE marking shall be accompanied by instruction manuals and specific guarantee.
d) lamps and accessories come with their own warranties;
e) custom gobos are conform to the descriptions given by the Purchaser.
11.2 - If the colors, the images, the size of the products were to be found not in conformity with those ordered or if the material should be considered defective, the Buyer must report pursuant to Art. 1511 of the Civil Code product defects within eight days of receipt of the goods, subject to revocation by registered a / r to be sent to the registered office of the Company, stating the model, serial number and the nature of the defect or deformity.
11.3 - The Seller, in replying to your letter referred to in paragraph 11.2 above, may, at its discretion, authorize the Purchaser to return the product reported under a procedure that will be communicated to him for the subsequent verification of the alleged.
11.4 - In the event that the seller determines the differences of the returned product than ordered or failure of the material, the same will replace within 3 days of receipt of the product itself without additional expense to Buyer. In the event that at the time of returning the goods the Buyer claims to have no more interest in the product, the seller will refund the price paid.
11.5 - If the Buyer to the Seller makes products that have been incorrectly referred to as "non-compliant" to order or on which are found defective or defects for the reasons listed in Art. 12, the same will be returned with an increase in all shipping costs.
11.6 - This Article shall not apply if the total price of the products have not been paid by the Purchaser within the time stated in this Agreement.
12 - EXCLUSIONS FROM WARRANTY FOR DEFECTS AND DIFFERENCES 'PRODUCT
12.1 - The guarantee referred to above art. 11 does not cover defects and / or differences due to fraud or error of the consumer or a third party not related to the sphere of the Seller. By way of example and not limited to:
a) damage knowledgeable volunteers to the Product;
b) negligence and incompetence;
c) abnormal working conditions;
d) misuse or alteration of the Product;
e) transport and installation improper or incorrect;
f) the absence or abnormal maintenance;
g) Normal wear and tear resulting from prolonged use of the Product.
13 - WARRANTY IN SHIPPING
13.1 - The Purchaser shall, at the time of the package and in case of doubt on the integrity of the Products, to sign the reserve against the carrier.
13.2 - If the parcel arrival at the destination appears tampered with, dented, damaged in any way, and / or seal placed on the package may be cut, altered, missing, or damaged, the Buyer is obliged to refuse package or to accept subject to specification writing on the delivery note of the carrier, the causal for which the package was rejected or accepted with reservation.
13.3 - If a non-compliance with the conditions set out in paragraphs 13.1 and 13.2 above, the Purchaser shall not be entitled to any refund in the event of damage to the Products and the Seller shall not be held responsible for damages caused by the courier.
14 - GENERAL SAFETY
14.1 - The Parties undertake to apply their computer systems and thus to all telecommunication services procedures and security measures are deemed appropriate to the state of technical knowledge, information and computer systems, to avoid the risk of unauthorized access, tampering, delay in recording or processing, destruction and loss of information and / or data transmitted.
15 - LAW APPLICABLE TO THE CONTRACT
15.1-For matters not covered by these general conditions of sale and subsequent amendments / modifications, as well as the specific conditions of the contract resulting from the summary of the order, is governed by Italian law in force.
16 - LANGUAGE APPLICABLE TO THE CONTRACT
16.1 - The contract is written in Italian and in case of conflict terminology resulting from the translation of the same in any language text shall prevail in the Italian language.
17 - COMPULSORY ATTEMPT AT RECONCILIATION
17.1 In the event of disputes arising from the interpretation and / or execution of this contract, the parties are required to devote the solution of the same Entity Conciliation "RisolviOnline" at the Chamber of Commerce of Milan.
18 - JURISDICTION
18.1 If the dispute has not been resolved through the mediation of The Conciliation "RisolviOnline, the competent court for the judicial resolution of disputes will be to Reggio Calabria.
19 - PROTECTION OF PERSONAL DATA
19.1 The Seller declares that the personal data will be processed in the manner prescribed from the information, pursuant to art. 13 D. Decree 196/2003 and subsequent amendments and additions, available on the website.