Conditions of sale

TERMS OF SALE

1) Orders and Sales


The Customer must forward to THE-MA S.p.A. Specific orders containing the description of the Products, the quantity requested, the price and the terms for delivery.


The Sale must be considered concluded:


1.1) after 3 working days from the Order sent by the customer to THE-MA S.p.A. if this has not sent the customer any written communication of refusal or variation of even a single element of the supply within the aforementioned term.


1.2) in the event that the Customer receives from THE-MA S.p.A. a written confirmation containing terms different from those contained in the Order, after 3 working days from the date of receipt of the confirmation, without reaching THE-MA S.p.A. in the aforementioned period written complaint by the Customer.


Orders regularly accepted by THE-MA S.p.A. they cannot be canceled by the Customer without the written consent of THE-MA S.p.A. and without prejudice to the reimbursement of expenses incurred up to the moment of the request for cancellation by the Customer.


2) Terms of delivery


Except as otherwise agreed in writing between the parties, THE-MA S.p.A. will deliver the products to the Customer's premises within 60 days starting from the first working day following the confirmation of the single Order by THE-MA S.p.A. or once the terms referred to in points 1.1) and 1.2) have elapsed. Delivery terms are indicative and are not essential terms pursuant to art. 1457 of the Civil Code, and in any case, do not include transport times.


3) Packaging


THE-MA S.p.A. will deliver the goods using standard packaging to ship the ordered material. If the customer wishes a different packaging, he must communicate it in the offer in order to be able to evaluate the feasibility and the relative cost incidence.


4) Vices


Any discrepancy of the Products delivered to the Customer with respect to the type and / or quality and / or quantity indicated in the Order must be reported by registered letter with return receipt. to THE-MA S.p.A. within 3 working days from the delivery date. If the complaint is not communicated within the aforementioned term, the Products delivered will be considered as conforming to those ordered by the Customer and the Customer will not be able to make any further objections and / or claims.


5) Payments

In any case, even when there is a dispute by the customer regarding the material supplied or the delivery of the same, the customer will not be able to suspend and / or delay the payment of the total price of the Order including the legal accessories on the basis of deadlines. agreed with THE-MA SpA Payment must be made for the full amount indicated on the invoice without any deduction or discount. In case of non-fulfillment by the customer, THE-MA SpA, in addition to the right to take legal action for the recovery of the aforementioned credit, will have the right to suspend any further delivery of goods until the balance due or to resolve ipso iure by simple written communication every single order. undersigned. The suspension of the delivery of the products will not entitle the customer to claim any compensation for damages. Any discrepancy of the Products delivered to the Customer with respect to the type and / or quality and / or quantity indicated in the Order must be reported by registered letter with return receipt. to THE-MA S.p.A. within 3 working days from the delivery date. If the complaint is not communicated within the aforementioned term, the Products delivered will be considered as conforming to those ordered by the Customer and the Customer will not be able to make any further objections and / or claims.


6) Warranty and compensation limitations

Unless otherwise agreed in writing between the parties, THE-MA S.p.A. guarantees that the Products are free from flaws / defects (with the exception of those parts of the Products that are not produced by THE-MA S.p.A.) for a period of two years starting from the date of delivery of the same to the Customer. The warranty will not operate with reference to those Products whose defects are due to causes not attributable to THE-MA SpA, such as but not limited to: damage caused during transport, negligent or improper use of the same, non-compliance with THE-MA instructions. SpA and / or the manufacturer relating to the operation, maintenance, conservation, application and installation of the Products, repairs or modifications made by the Customer or by third parties without the prior written authorization of THE-MA S.p.A .

The Customer must report in writing by registered letter with return receipt. to THE-MA S.p.A. the presence of obvious or hidden flaws or defects, within 3 working days of delivery of the Products. The Products object of the complaint must be immediately made available to THE-MA S.p.A. at its warehouses, unless otherwise agreed between the parties, in order to allow THE-MA S.p.A. carrying out the necessary checks and verifications of the case. Provided that the Customer's complaint is covered by the warranty and notified within the terms referred to in this article, THE-MA SpA, after carrying out the appropriate technical checks, will undertake, at its discretion, to replace or repair each Product or parts of this that have flaws or defects. The warranty does not cover damages and / or defects of the Products deriving from anomalies caused by, or connected to, parts added directly by the Customer or by the final consumer. In any case, THE-MA SpA, will not be held responsible for any damage deriving from and / or connected to defects in the products and their use, not even for indirect and consequential damages of any nature, such as for example the customer's inactivity or failure to I earn; the customer's right to compensation for damage will in any case be limited to a maximum amount equal to the value of the products with defects and faults.


7) Applicable law and competent court

The Conditions of Sale and every single sale will be regulated and interpreted in accordance with Italian law. For all disputes arising from this contract or related to it, which may arise between the parties, they undertake, before referring to the competent Court, to resort to the mediation procedure governed by the regulation of the Conciliation Service of the Bologna Chamber of Commerce. , registered in the Register of Conciliation Bodies held by the Ministry of Justice. All disputes relating to the interpretation, conclusion and execution of the contract, as well as those arising from or related to these Special Conditions of Sale and / or any Sale, will be subject to the exclusive jurisdiction of the Court of Bologna.

8) Privacy information updated to GDPR 679/2016

We inform you that your personal personal and fiscal data acquired are processed in paper, computerized and telematic form for contractual and legal requirements. Complete information is available at: http: //www.the-ma.it / .... The data controller is THE-MA S.p.A. Via della Repubblica Italiana, 8 - 40061 Minerbio (BO) which you can contact to exercise your rights as specified in the aforementioned information.