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TERMS OF SALE

 

These general conditions of sale (hereafter "GCS") apply to all product sales (hereafter "Products") concluded between MAXCOM LEATHER ITALIA srl (hereafter "Seller") and the buyer (hereafter " Buyer"). The GCS constitute the complete discipline of the contract between the Buyer and the Seller and replace any other and / or different term and / or condition with them in conflict proposed by the Buyer verbally or in writing and not specifically accepted by the Seller.

1. CONCLUSION OF THE CONTRACT

1.1 The sales contract between the Seller and the Buyer concluded through the website www.maxcom-leather.net is considered concluded only once the Order Confirmation has been sent by the Seller to the Buyer. Unless specifically stated otherwise, catalogs, quotes and technical documents are for information only. In this regard, it should be noted that article 13 of legislative decree number 70/2003 on electronic commerce establishes that "Unless otherwise agreed between parties other than consumers, the provider must, without undue delay and electronically, acknowledge receipt of the recipient's order containing a summary of the general and particular conditions applicable to the contract, information relating to the essential characteristics of the goods or services and a detailed indication of the price, means of payment, withdrawal, delivery costs and applicable taxes ".

2. DELIVERY OF PRODUCTS

2.1 The delivery and the relative transfer of risks are always considered FCA carried out at the Seller's plant in Brendola (VI) - Italy (Incoterms® 2010). 2.2 The indicated delivery time is not binding and is based on information provided by national and international carriers used for transport. In any case, the Seller undertakes to guarantee the assignment of the goods to the selected carrier within 2 working days from the date of the order confirmation 2.3 Any delays of the Seller in the delivery of the Products will legitimize the Buyer to terminate the contract only after 60 ( sixty) days from formal notice. 2.4 If the Seller's delay is caused by strikes, union unrest, lockouts, unforeseeable circumstances, fires, scarcity or absence of raw materials, delays by carriers and / or suppliers, adaptation to measures of the public authority, insurrections, state of war, natural events, embargo, force majeure or any other cause beyond the Seller's reasonable control, the expiry of the terms will remain suspended until the circumstance that caused the suspension ceases. The Seller cannot be held responsible for any consequence deriving from the occurrence of such events even in the event that it is lagging behind the agreed terms.

3. PAYMENTS

3.1 The payment term is prepaid by credit card, paypal, bank transfer. For buyers who are allowed to payment extension by bank transfer or bank receipt, unless otherwise indicated in the Order Confirmation and / or written agreement between the parties, due is 30 (thirty) days from the billing date at the end of the month. 3.2 The payment terms are essential. Any payment delays granted by the Seller must result from the Order Confirmation and / or different written agreement between the Parties. Payment must be made in euros or in the different currency resulting from the Order Confirmation.

4. PRODUCT PRICE

4.1 The final price is intended for Product delivered pursuant to the previous art. 2.1, with the specification of the individual components contained in the Order Confirmation, and therefore including the standard packaging and the loading onto the means of transport of the carrier at the Seller's factory. 4.2 The price displayed on maxcom-leather.net, which can be viewed once the registration procedure is complete, is the net price of the product intended per square meter. 4.3 customers with VAT number can access dedicated lists, agreed with Maxcom Leather Italia srl sales office. 4.4 The sale price is binding only once the Order Confirmation has been received, in the event of any errors in the display or calculation of the price due to the software used in the processing, the customer has the right to withdraw from the sale and to obtain a refund of what has already been paid.

5. ORDER CHANGES

5.1 Orders already processed and delivered to the courier cannot be modified, further subsequent orders will be treated and shipped separately.

6. COMPLAINTS - WARRANTY - RIGHT OF WITHDRAWAL

6.1 Pursuant to art. 5 of Legislative Decree 185/1999, if the Purchaser is a consumer (i.e. a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by indicating in the order form to Maxcom Leather italia srl any reference of the consignment VAT), has the right to withdraw from the purchase contract for any reason, without the need to provide explanations other than those at point 6.1 and 6.2, and without any penalty. To exercise this right, the customer must send Maxcom Leather Italia srl a communication to that effect, within 5 days from the date of receipt of the goods. This communication must be sent by registered letter with acknowledgment of receipt, addressed to:

Maxcom Leather Italia srl - Via Luigi Einaudi 22 C - Brendola 36040 (VI)

Or by PEC to the address maxcom-leather@pec.it or always sent within the aforementioned term of 5 (five) days and followed by a confirmation by registered letter with acknowledgment of receipt, sent strictly within the following 48 hours. Once the aforementioned notice of withdrawal has been received, Maxcom Leather Italia srl will contact the buyer for the return procedures of the goods, at the expense of the buyer and to be completed within 5 (five) working days under penalty of forfeiture of the right to a refund. 6.2 Any complaints relating to the state of the packaging, quantity, number, external characteristics of the Products and / or discrepancies from the relative samples (apparent defects), must be notified to the Seller by “raccomandata” (registered letter) with return receipt, under penalty of forfeiture, within 5 (five) days from the date of receipt of the Products. Any complaints relating to defects that cannot be identified by diligent inspection upon receipt (hidden defects) must be notified to the Seller by “raccomandata” (registered letter) with return receipt, under penalty of forfeiture, within 5 (five) days from the date of discovery of the defect and in any case within 1 (one) month after delivery. 6.3 Complaints must expressly indicate the type of discrepancy and / or defect found and the number of Products that are different and / or flawed. The Purchaser VAT number is required, under penalty of forfeiture, to send a sample of the defective and / or spoiled Products within 5 (five) days of the report. The discrepancy must be proven by tests to be carried out at a certified institute. Maxcom Leather Italia srl reserves the right to carry out counter tests using samples from the same batch from the production archive. 6.4 With regard to Buyers configured as VAT number, the Seller may choose, at his unquestionable judgment, whether to reduce the price of the Products or replace the Products found to be inconsistent and / or spoiled. The Products replaced under warranty will be subject to the same warranty as provided here, starting from the date of replacement. 6.6 The warranty does not include: (i) natural defects of the Products (e.g. healed scars, veins, open and / or unhealed scars, insect bites, skinny, eating, wrinkles in the neck, taroli, skinning, stretch marks, calluses, etc.) not exceeding normal tolerances; (ii) all defects of the Products deriving from the unsuitable storage of the Products carried out by the Purchaser or by his assignees or by the production process to which they have been subjected to the Purchaser or his assignees, and / or attributable to the fact of the third party; (iii) Products' mismatch with particular specifications or technical characteristics or their suitability for particular uses, unless these characteristics have been expressly agreed in the Order Confirmation or in documents expressly referred to for this purpose in the Order Confirmation or not were present in the sample approved by the Buyer. 6.7 It is understood that the aforementioned guarantee (consisting of the obligation to reduce the price or replace the Products) is absorbent and replaces the guarantees or responsibilities provided for by law and excludes any other liability of the Seller (both contractual and non-contractual) however originating from the Products supplied (such as loss of earnings, loss of chance, withdrawal campaigns, etc.). 6.8 In any case, the Seller's liability is limited to the value of the price paid by the Buyer for Products that are found to be inconsistent or flawed. 6.9 For anything not covered by this article, the terms and conditions set out in the International Contract no. 7 - Finished Leather, drawn up by the International Council of Hides, Skins & Leather Traders' Associations (ICHSLTA) and the International Council of Tanners (ICT) 6.10 in any case we will not accept returns of leather already cut by the customer, with missing footage, partially or completely used, indelibly marked for cutting and / or in any way damage. The Buyer is therefore invited to a thorough evaluation of the product before its use.

7. TECHNICAL EXPERTISE

7.1 Should a dispute arise between the Parties regarding the qualitative compliance of the Products with the technical specifications declared by the Seller and / or with the sample approved by the Buyer, of a value greater than EUR 5,000.00 (or the equivalent amount in the payment currency specified in the Order confirmation at the exchange rate in force on the date on which the payment is due), the verification of the existence of the defects and / or qualitative discrepancies reported, of the causes that originated them, as well as their traceability to normal tolerances, will be entrusted exclusively to the opinion of a technician.

8. TERMINATION

Without prejudice to the provisions contained in other articles of these GCS, the Seller may automatically terminate the sales contract (a) in the event that the Buyer does not fulfill the obligations set out in Articles 2.3, 2.4 (Delivery of Products), 3.1, 3.2 (Payments); (b) in the event of any essential violation of one of the conditions set out in these GCS, it being understood that a violation of contractual obligations other than those referred to in point a) can be considered as essential if, following a written request to fulfill such obligation, the Buyer does not provide for it within 15 (fifteen) days from its receipt.

9. JURISDICTION AND APPLICABLE LAW

9.1 Except as provided in the previous art. 6, any controversy will be decided exclusively by the Court of Vicenza (Italy). Notwithstanding the foregoing, the Seller will nevertheless have the right to appeal, at its discretion, to the Court of the Buyer. 9.2 These GCS, and the sales they regulate, are subject exclusively to Italian law, with the express exclusion of the 1980 Vienna Convention on the International Sale of Goods (CISG).

10. PROTECTION OF PERSONAL DATA

10.1 You can consult the corporate data protection policy by downloading it from www.maxcom-leather.net

11. DECLARATIONS OF THE SELLER

11.1 The Seller declares that the delivered goods are not among the parts of specimens mentioned in the Washington Convention (Reg. CE 228/1997 and subsequent amendments). 11.2 It also declares that the goods delivered have undergone the last substantially economically justified processing in Italy in a company equipped for this purpose. 11.3 The Seller also declares that the goods delivered comply with the current provisions governing the content of pentachlorophenol, aromatic amines from azo dyes, hexavalent chromium, formaldehyde, cadmium and its compounds, nickel and its compounds, chlorine components -organic and organic solvents, fluorinated gases, perfluoroctans sulfonates, dimethyl fumarate and lead.

12. FINAL PROVISIONS

12.1 If a clause of these GCS is null or ineffective, any nullity or ineffectiveness will not extend to the remaining contractual provisions. 12.2 Any communication between the parties will be valid only if made in writing. 12.3 The circumstance that the Seller neglects to exercise a right or a faculty recognized by these GCS cannot be interpreted as a general renunciation of this right or faculty, nor can it prevent the Seller from subsequently claiming the punctual and rigorous application of all the clauses contained therein. 12.4 These GCS are drafted in Italian with the English text opposite. In case of discrepancies between the Italian version and the English version, the Italian text will prevail.
Having read the articles of these General Conditions of Sale, the Buyer declares to accept them unconditionally and without reservation, where necessary also pursuant to Articles 1341 and 1342 of the Italian Civil Code.