These General Conditions govern the distance sale through the website accessible through the URL www.expoplant.com (hereinafter “Website”) of goods and services offered through catalogues and/or at the clients´ request. These General Conditions of Sale are formulated in accordance with the Italian Legislative Decree No 70 of 9 April 2003, transposing the European Directive on Information Society Services (the so called "E-Commerce Directive")
1.1For the purposes of these general conditions the following definitions apply (without distinction between singular and plural):
1.2 These General Conditions of Sale shall apply only to clients represented by Professionals and do not apply to sale relationships and/or Distance Contracts concluded with private parties represented by consumers.
2.1 These General Conditions of Sale govern the Distance Contracts concluded by using means of distance communication (including the on-line modality through the Website) between Terradice srl and the Clients, concerning the Products and/or Services offered for sale.
2.2 The Distance Contract is governed by the current version of the General Conditions of Sale, in force at the moment of the order submission by the Client.
2.3 The online buying process relative to the purchase of Products and/or Services and the conclusion of respective Distance Contracts are subject to prior acceptance of these General Conditions of Sale and to the registration by the purchasing Client.
3.1 In accordance with article 7 of the Italian Legislative Decree (d.lgs.) No 70/2003, the following mandatory informations are communicated:
3.2 The identity, the registered office and contact details of Terradice srl, provider of the Products and Services offered for sale on the Website, are the following:
Registered office: Via Colombara 63/a 31037 Loria (TV)
Tax and VAT number: 04980060265
Registered in the Register of Companies (Registro delle Imprese, Treviso, Italy) as no.: TV-415638
Fully paid-up share capital: Euro 12.000,00 €, from which the amount of capital actually paid equals Euro 0.
Tel. +39 (0) 423 485581
Fax. Tel. (39) 0423 1916881
The registered office and the addresses laid down in article 3.4., letter (a), is where the customer may address the complaints.
3.3 Le The characteristics essential to the Products and Services are published in the respective product sheets - including pictures/photographs - on the Website and are accessible by the Client prior to submitting the purchase offer. Terradice srl reserves the right to modify/update the technical and dimensional informations of the Products in the catalogue, even without prior notice. The sheets are however provided and/or uploaded also by a third supplier on whose behalf Terradice srl carries out the sale. These sheets or web publishing pages contain also following informations relevant to the buying process:
3.4 In addition to the mandatory information laid down above, following information is communicated, by means of the Italian Legislative Decree No. 70/2003:
3.5 These General Conditions of Online Sale and the article 3 laid down above, are intended as information in relation to a long-term service provided for the Client, in accordance with article 13 (3) of the Italian Legislative Decree No. 70/2003.
4.1 Article 11 of the Italian Legislative Decree No. 70/2003 requires from any provider of goods and/or services disclosure towards the Client, regarding specific information in relation to the conclusion of the distance contract. Therefore Terradice srl fulfils the obligations of disclosure owed to clients.
4.2 With regard to the various technical steps to be followed during the conclusion-phase of the subscription contract, the user may benefit from the guidelines on the Website, that enable the Client to verify and validate each submitted information and to correct eventual errors prior to the submission of the electronic form containing the proposal for the purchase order and to the conclusion of the Distance Contract.
4.3 The Distance Contract shall be stored after its conclusion. The Client shall then view the text in the own personal interface and shall receive an email containing a summary of the purchase and of the therefore concluded Distance Contract.
4.4 With regard to the technical functions provided to the Client for identifying and correcting input errors prior to the placing of the order, the system requests a confirmation of the correctness of the inserted data prior to the conclusion of the Distance Contract and automatically reports eventual errors, if the user fails to complete mandatory fields during the process of the online order-placing.
4.5 Italian is the only language offered for the conclusion of the contract.
4.6 With regard to functions offered for notifying complaints, see point 9.
4.7 The clauses and general conditions of the contract provided to the Client, are and shall remain available: storing and reproducing is possible any time through saving the website or using the copy/paste function. Furthermore, the email with the order confirmation contains an attachment with the General Conditions of Sale or a link connecting the Client directly to a page that enables to view and print the conditions.
5.1 By submitting an order request, the Client offers to purchase a Product or a Service. The despatch of the order does not bound in any way Terradice srl - unless otherwise provided on the Website - nor may the online offer of the Products or Services be understood as a proposal to the public, in accordance with article 1336 of the Italian Civil Code ( Codice Civile ). Only if Terradice srl accepts - specifically and explicitly by email sent to the Client - the purchase order request received from this Client, the Distance Contract shall be understood as concluded.
5.3 If the Client´s request for the purchase order is accepted, Terradice srl acknowledges receipt of the received order by forwarding the own final acknowledgement and order confirmation to the email address specified by the Client during the process of registration to the Website. This acknowledgement and order confirmation contains - as provided for in the applicable regulation - a summary of the general and particular conditions of the concluded distance contract, informations in respect to the characteristics essential to the goods and services, and detailed information about the price, the forms of payment, the withdrawal, if applicable, of the shipping costs and of applicable fees.
5.4 The order and the receipt are to be understood as received, if the receiving parties have the possibility to access them.
6.1 Terradice srl accepts only following forms of payment: Credit card payments via the circuits Visa and Mastercard, Paypal™, payment by bank transfer. The amount of the order is charged on the date of the order confirmation. The recipient of the order paid with the credit card shall be the holder of the used credit card. Terradice srl reserves the right to request from the Client a copy of a valid identity document forwarded by fax, in order to verify the ownership.
6.2 The card details are handled directly by PayPal, specialised in the management of online payments. All details are encrypted through the use of 128-bit cryptographic keys (SSL) and subsequently submitted to the bank, which prevents them being accessed by unauthorized third parties. Terradice srl does not have access to such data and does not view them.
6.3 Terradice srl reserves the right to verify whether the conditions of this clause are met, by requesting from the banking institution issuing the (credit) card, the verification of the genuineness of this card´s ownership. In these cases the terms for the execution of the order shall commence on the date of the bank´s positive verification, if such verification has taken place.
7.1 Unless otherwise agreed between the Parties or except where Terradice srl informs - with sufficient notice - the Client about different time frames relative to the delivery and the execution of the concluded Distance Contract, based on the availability of the Product or the Service or on specific requests from the Client, that involve a particular timing for the execution, the delivery and execution of the accepted order proposal - and without prejudice to the cases envisaged within the following section 7.6., that may not be considered as extension of the delivery periods imputable to Terradice srl - the Distance Contract concluded in accordance with these General Conditions shall be executed within a maximum of thirty days following the day of the despatch of the confirmation by Terradice srl to the Client, in accordance with the Articles 5.3. and 5.4. of the given General Conditions.
7.3 The obligation to deliver shall be performed by Terradice srl, by transferring the stock availability or the Product control to the Client. If Terradice srl fails to fulfil the obligation to deliver the Products within the agreed time limit, the Client shall call upon Expoplant to make the delivery within an additional period of time appropriate to the circumstances. If the Products are not delivered within this additional period granted, the Client is entitled to terminate the Distance Contract.
7.2 As soon as the courier or the freight forwarder makes the delivery, the Client is obliged to verify:
That the package is intact, not damaged or wet and however, complies with the standard characteristics.
That the number of parcels (packages) indicated on the invoice corresponds to the number actually delivered.
Any eventual complaints shall be immediately made to the carrier, otherwise the Product is to be considered as correctly delivered. The invoice, contained inside an envelope attached to the outside of the package, or delivered by the carrier shall be kept.
If clear damage to the package is visible in the moment of the delivery, the Client is obliged to:
In case of damages to the Products under guarantee, the costs for the redelivery/replacement of the Product shall be charged to Terradice srl
7.4. The additional costs (in respect to the price of the Product, displayed on the Website as total amount and inclusive of fees, and exclusive of shipping, delivery or other costs charged to the Client - based on the indications on the Website - are charged to the Client and are due to shipping, delivery or mailing costs or to other types of costs, if envisaged (e.g: additional costs for eventual insurance cover requested by the Client for the delivery of a particular Product). With regard to the shipping costs, following information is communicated: The shipping may be carried out by the supplier of the Product - or through carriers and/or couriers -. The supplier may be the same wholesaler that offers for sale the goods through the marketplace on the Website). In this case the Website may contain information concerning the maximum amount of km that the Wholesaler is willing to travel in order to deliver the products with own vehicles, and the concerning the costs corresponding to the distances, indicated by the Wholesaler. When the Client views the Products offered on the Website, an automatic calculation mechanism available on the Website, calculates automatically the distance, providing the exact total amount of the shipping costs. If the distance exceeds the maximum limit of km indicated, a price range for the shipping costs and a feature (to receive - also after the purchase - a detailed quotation for the shipping costs) shall be visualised .
7.5 If a Client requests the shipping and the delivery to a country other than Italy - provided that such option is available on the Website -, as soon as the purchased Products reaches the country, it may be subject to customs charges (e.g: taxes, fees, duties, commissions etc.), borne by the Client. Terradice srl is not liable for these custom charges and is not obliged to control the respective amounts. The Client is therefore obliged to priorly verify the costs of such not predeterminable eventual charges. This is why Terradice srl suggest to the Client to verify - prior to the despatch of any purchase order request - eventual charges of this kind by contacting the proper customs offices of the country where the delivery of the Products should take place, in order to receive detailed information in relation to this subject.
7.6 If the Client rejects the purchased Product at the time of its delivery or if the Client refuses to pay the respective customs charges (in respect to the delivery in the Client´s country, as well as in respect to the charges that shall be borne in percentage by Terradice srl on behalf of the customs agents and for the purpose of redelivery to of the Product/s to Italy), all costs relative to the unpaid customs charges shall be borne by the Client.
7.7 The customs procedures may cause delays in the delivery of the Product. In case of a delay, the Client is encouraged to perform the appropriate checks at the proper customs offices. The invoice for the customs charges may arrive one week after receipt of the Product by the Client.
8.1 The Client may not exercise the right of withdrawal from the Distance Contract.
9.1 The Distance Contract has been drafted and will be construed in accordance with the laws of the Italian Republic.
9.2 Any disputes between Terradice srl and the Client in relation to this General Conditions of Sale are reserved to the territorial and exclusive jurisdiction of the Court of Treviso, subject to the limits laid down below:
9.3 Where certain provisions of the General Conditions of Sale are deemed invalid or inapplicable, the same will still be interpreted in such way as to reflect the common intention of Terradice srl and its Clients, according to the remaining provisions.
9.4 With reference to any other eventual schemes available for dispute settlement and in accordance with article 12 (1), letter f of the Italian Legislative Decree 70/2003, the information is provided that alternative procedures are not foreseen .
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