Foreword
The following General Sales Conditions regulate the business relations between LIGRA DS SRL and its Purchasers, hereinafter referred to as Customers. Placing an order with LIGRA DS SRL, including online, implies full acceptance of the following conditions.
1 - LIABILITY LIGRA DS SRL cannot be held liable for:
- damage to or loss of goods occurring during transport, even if performed by carriers contracted by LIGRA DS SRL;
- damage to or defects in the goods caused by any act, neglect or default on the part of the Customer or third parties;
- Damage resulting from defects in the goods due to faulty materials or workmanship, if not contested in writing within eight days of receipt of the goods;
- damage of any kind resulting from failure to perform its obligations due to force majeure (by way of example but not limited to: strikes, accidents, disasters....);
- any delays in the shipment of goods due to force majeure, which shall not give rise to a claim for compensation by the Customer;
- small variations in the technical characteristics of the products, such as size or colour of the products, which are noted when preparing the price list or catalogue published on www.ligra.it;
- elimination of articles or changes to the various products, published in the online catalogue www.ligra.it, due to changed market conditions. The total liability of LIGRA DS SRL shall not, under any circumstances, exceed the value of the defective or damaged goods, calculated according to the prices on the corresponding invoice.
2 - Orders
The customer may only purchase products that are present in LIGRA DS SRL's electronic catalogue at the time the order is placed and can be viewed online atwww.ligra.it.
It is understood that the picture accompanying the description of a product may not be perfectly representative of its characteristics, but may differ in colour, size, accessory products in the picture. Orders are accepted only and exclusively if sent in written form by fax/post/e-mail ("not online" managed with the support of LIGRA DS SRL personnel), or via the Internet (managed online on the B2B Web Store, www.ligra.it).
The customer who sends the order "on line" will, at the end of the procedure, receive by electronic mail (e-mail) a confirmation communication stating that the order has been received and the relative "order number" assigned. The "on line" order will be viewable 5 minutes after it has been sent and can be modified directly and freely within 20 minutes after it has been placed. The "offline" order must always include the exact company name including address, VAT number, tax code, the reference of the person in charge of following up the order, the quantity of the goods, our product code as shown in the online catalogue, the shipping destination if different from the Customer's place of business, and any indication of the carrier agreed with the Customer for forwarding the goods or our usual carriers.For "non-online" orders, the customer shall receive an order confirmation by e-mail from the operator and shall have the right to freely modify the order within 20 minutes of placing it.
There is the possibility for the customer to request that the goods be delivered on a date different and later than the date of acceptance. If this date is later than 20 days from the date of acceptance, LIGRA DS SRL will not reserve the products until 20 days before the requested delivery date provided that the products are available on that date.
Orders with a net taxable amount of less than Euro 200.00 must be settled in advance by bank transfer subject to our quotation; goods shall only be shipped after LIGRA DS SRL has received the crediting of the bank transfer.Orders whose products are not all available shall be processed in advance, resulting in an additional transport charge for shipping the balance of the order. Any shipping terms indicated in the order are always approximate and never essential. For orders of less than € 200.00 taxable amount (excluding freight), € 10.00 will be charged in addition to the freight costs.
3 - Prices
All prices on the website are suggested list prices for the end user - excluding VAT. The reserved net prices can be viewed by our partners directly on the B2B Web Store www.ligra.it.
Prices may be changed at any time without prior notice. In the event that an incorrect price is published as being lower than the correct price to an extent greater than or equal to 50% and/or to an extent that is in any way recognisable and/or to an extent that is clearly negligible for any reason whatsoever (errors in our systems, human error, etc.), the order may be cancelled, even in the event of initial validation, and the product will not be delivered, unless the orderer decides to proceed with the order and accepts payment of the correct price.
The minimum net invoice amount is set at EUR 200.00, excluding incidental expenses.
4 - Product Availability
In the product catalogue published on www.ligra.it, the product quantities in the LIGRA DS SRL warehouse are updated every 2 minutes from 7 a.m. to 6 p.m.
5 - Packaging goods
It is understood to be included in the sales prices, unless expressly budgeted separately.
6 - Shipments
Our shipments are all made carriage paid with charge on the invoice via our contracted carriers, unless otherwise requested by the Customer. The cost of transport, charged on the invoice, varies depending on the carrier chosen (courier or express carrier), the service, and the weight and volume of the goods. Services ancillary to carriage, such as requesting advance notice by telephone, deliveries to third parties, deliveries to inconvenient locations or in historic centres and special deliveries (on storeys, use of crane, use of hydraulic tailgate, etc.), shall be charged on the invoice: the request for such ancillary services shall be made at the time of ordering and not afterwards. Transport shall be carried out in the manner deemed appropriate by LIGRA DS SRL.The goods travel at the Customer's risk in accordance with Article 1693 of the Civil Code (carrier's liability for loss and damage). If the Customer requires its own carrier, LIGRA DS SRL shall not be liable for the loss (theft or loss) and/or damage of the product from the moment the goods are delivered to its warehouses.
In the event of theft/loss of a carriage paid shipment, Ligra undertakes to reimburse the full value of the undelivered products, the reorder of which is at the customer's discretion.
Shipment, unless otherwise agreed between the parties, takes place throughout Italy within the purely indicative terms of 24, 48 or 72 hours from the date of entrustment to the courier, by truck and during the office hours indicated below: from 8.30 a.m. to 12.30 p.m. and from 2 p.m. to 6 p.m. on non-holiday days and from Monday to Friday.
Upon receipt of the goods, the Customer is obliged to examine them carefully: the examination involves the condition, weight, quantity and type of the articles. No complaint may be taken into consideration after the period of eight days from receipt. If the packaging is damaged or tampered with on receipt of the goods, the Customer is always obliged to sign the delivery note with reservation, indicating the following wording: "crushed parcel integrity check" or "damaged parcel integrity check". The Customer must notify us immediately within 24 hours of receipt of the goods, specifying the damage suffered and attaching a copy of the delivery note and any supporting photos. If the above procedure is not followed, LIGRA DS SRL shall be deemed exonerated from all liability. Even if the packaging is intact, the goods must be checked within eight days of receipt, under penalty of forfeiture of the carrier's liability (Art.1698 C.C.). Therefore, any hidden anomalies must be reported in writing by e-mail: any report beyond the aforementioned terms shall not be taken into consideration. For each declaration, the Customer assumes full responsibility for what is declared.
7 - Return of Goods
The request for the return of goods to LIGRA DS SRL shall be made by means of an online form and/or by email, stating the reasons for the request, citing the references of the invoices and/or the TD and must be expressly authorised by email by LIGRA DS SRL. Goods shall be returned after authorisation and assignment of the "RMA" return number and within 10 working days from the date of approval of the return request. Products must be returned in their original packaging and with adequate outer packaging. No complaints will be accepted after 10 days of receipt of the goods.
Products acknowledged as defective by LIGRA DS SRL due to causes dependent on the material or its workmanship, provided they have been used correctly, shall be refurbished/replaced by LIGRA DS SRL with others free of defects and having the same characteristics. The warranty does not cover those products that have been modified by the Customer. LIGRA DS SRL's liability is in any case strictly limited to the repair/replacement excluding the labour used by the Customer for disassembling and reassembling the returned product. Claims for damages, penalties or other, in relation to anything deemed defective by LIGRA DS SRL are therefore not accepted. Returned goods shall not be accepted without prior authorisation.
8 - Return of Goods
9 - Complaints
10 - Delivery Deadlines - Urgencies
Most of the products in the price list are ready in stock, except for sold-out items, in which case orders placed before 16:00 will be processed by the following day. Orders of an urgent nature, with same-day dispatch by express courier, must be received by 09:30 on the day on which dispatch is requested.
11 - Domain Reserve
Goods delivered remain the property of LIGRA DS SRL until full payment for the goods has been made in accordance with articles 1523-1526 of the Civil Code: until such time, the Customer is not authorised to assign the goods as a pledge or guarantee of a credit. In the event of regular resale of the goods, the resulting claim shall be deemed assigned to LIGRA DS SRL.
12 - Payments
The first order shall be paid by bank transfer in advance to the current account in the name of LIGRA DS SRL. For subsequent payments, LIGRA DS SRL shall assess the credit facility to be granted to the Customer and the relevant payment method, which shall not in any case exceed 30 days from the end of the month invoice date. Any other payment terms stated on the Customer's orders shall not be taken into consideration unless expressly agreed.Entrusted Customers who have not made any purchases in the last 12 months shall lose the credit line assigned to them and shall be considered by LIGRA DS SRL as new Customers and payment shall therefore have to be made again by bank transfer in advance.LIGRA DS SRL reserves the right, at its sole discretion, to modify the payment conditions for those Customers who are "out of credit" or with "outstanding" or in "dispute".LIGRA DS SRL reserves the right not to dispatch orders to insolvent Customers. In the event of late payment, LIGRA DS SRL reserves the right to request the insolvent Customer to reimburse the costs of credit recovery as well as to apply default interest, as provided for by Legislative Decree 231/2002.
13 - Right to Cancel Orders
The customer may request the cancellation of the order or part of it, LIGRA DS SRL reserves the right to accept the cancellation of the same. The request for cancellation (and acceptance thereof) shall be made through the online order cancellation form or by email.
14 - Guarantees
15 - Credit assignment
LIGRA DS SRL may assign all or part of its claims against the Customer. For this purpose, a simple written notice, also printed or attached to the account statement, shall suffice. In the event of assignment, the Customer shall pay LIGRA DS SRL's claim to the assignee, waiving the right to raise any exception in this regard.
16 - Processing of personal data
17 - Bank of support for transfers
IBAN IT23B0515665420CC0130010398 BANCA DI PIACENZA - Ag. 13 Ponte dell'Olio (PC)
18 - Disputes
Any disputes that may arise will be settled by the Court of Piacenza.
19 - Amendments to these general conditions
The general terms and conditions contained herein may be amended without prior notice and shall be valid from the date of publication on the website www.ligra.it.
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IT