General conditions of sale
Acceptance
The following conditions relating to the contract of sale are understood as fully accepted by the buyer with the acceptance of the Transport Document.
Transporting
In the case of goods to be shipped by the seller company, the delivery is considered to be made when the goods are delivered to the carrier or to the forwarder even if the carrier is one of the vehicles of the seller company. As a result, from the said moment of delivery, the goods pass of ownership to the buyer and travels at the risk of the latter, even if sold “free destiny”. It does not insure the goods except by express order of the buyer and at his expense. Any irregularities or shortages of goods must be reported to the purchaser, under penalty of forfeiture upon receipt by inserting the related complaint in the copy of the Transport Document to be returned to the seller.
The company reserves the right of ownership of the goods and packaging until payment is made.
The tolerated waiting time for the discharge of products is 1 hour. If the Seller’s vehicle has to wait for unloading after this time, for each hour or fraction of an additional waiting time the Buyer will be charged the amount of 50 €/hour plus VAT.
Delivery time
Unless expressly agreed otherwise, the delivery terms are always approximate, therefore FIOCCHI ITALO SRL disclaims all liability for any inconvenience due to delays.
Liability
Any risk arising from filling, racking, transport and storage of the goods in the containers, even if these are owned by the seller, shall be entirely and exclusively at the expense of the purchaser, who shall check that the goods are fit and in good condition upon receipt of the goods and shall ensure that they are placed in storage under his responsibility and supervision even if they are made by employees of the sales company.
Force majeure
In any case of force majeure, including any difficulty of the seller in her own supply at a reasonable price, which prevents or limits the normal course of delivery, the seller may reduce the quantity of the goods sold, to prolong the period of shipment or delivery, or to cancel the sale in the state in which it is located, without right for the buyer to compensation of any kind or compensation for damage or waste whatsoever.
Invoicing and Payments
The minimum amount that can be ordered and invoiced is € 100.00 + VAT. The invoices must be paid, within the agreed terms and shown in the order confirmation, at the registered office of the seller. In case of partial or total non-payment of supply, even if contested by the buyer, the seller will have the right to suspend any other subsequent delivery pursuant to art.1460 C.C. or to consider the contract terminated for fact and fault of the same buyer pursuant to and for the effects of art.1456 C.C. except, in any case, compensation for the damage. In the event of late payment of invoices, interest will be charged in accordance with D. Lgs 231/2002.
Complaints
The buyer must verify the suitability of the products at the time of delivery of the same, before the transfer in tanks of the customer, and in any case before undertaking the use. In the absence of such a determination, pursuant to art. 1227 c.c. no compensation is due by the selling company.
Complaints are valid only if submitted in writing within 8 days of delivery.
Protection of personal data
The data provided will be used in accordance with art. 13 of Reg. (EU) 2016/679 (Privacy Policy), also through external parties, in order to allow the fulfillment of information, administrative, commercial and accounting obligations related to the contractual relationship. Full copy of the information may be viewed at our offices.
Place of jurisdiction
For any dispute arising from the sale referred to in this confirmation, the Court of Milan is exclusively competent, expressly waiving the buyer the jurisdiction of other Forums, also by way of connection.
