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TERMS AND CONDITIONS

DISCLAIMERS AND EXCLUSIONS OF LIABILITY

Infordata Sistemi S.r.l., salvo nel caso di dolo o colpa grave, non sarà responsabile di alcun danno o perdita diretta o indiretta, derivanti da ritardata, mancata o errata consegna del prodotto; l'acquirente avrà diritto solo alla restituzione del prezzo Save for damage caused by fraud or gross negligence, Infordata Sistemi S.r.l. shall under no circumstances be liable for any damage, direct or indirect loss resulting from incorrect, erroneous, late delivery, or non-delivery. The buyer shall only be entitled to a full refund.

MINIMUM ORDER

Together with shipping costs, an additional charge of € 15,00 is incurred for orders below € 150,00 as a contribution to administrative costs.

PAYMENT

Subject to any special terms agreed between the Buyer and Infordata Sistemi S.r.l., placement of orders in any form to Infordata Sistemi S.r.l. implies the acceptance of the terms and conditions set out herein.

Bank transfer at acceptance of order
Orders will be shipped only after a stamped copy of the bank transfer or a copy of your internet banking statement has been faxed to Infordata Sistemi S.r.l.

Payment on advice that goods are ready for despatch
Orders will be shipped only after a stamped copy of the bank transfer or a copy of your internet banking statement has been faxed to Infordata Sistemi S.r.l.

Bank details::

FRIULCASSA TRIESTE
SWIFT IBSPIT2U
IBAN IT 16 X 06340 02202 07404310572S

SHIPMENT AND DELIVERY

Shipment carriage forward or free port. In case of delivery abroad, any additional tax or surtax levied in the destination country will be paid by the buyer. At the time of delivery of the goods to the Carrier, the Buyer shall take full responsibility and liability for all possible risks. Any shipping costs will be stated in the order confirmation. Any insurance costs shall be charged on the Buyer.

Goods shall be dispatched within 2 days after acceptance of order. Delivery time for other goods or services is stated in the order confirmation.

DELAYED DELIVERY

Delivery times are calculated in working days excluding Holidays and Bank Holidays. In case of delayed delivery, the Buyer shall not be entitled to refuse or raise any claims for damaged goods. Infordata Sistemi S.r.l. may terminate the contract, in whole or in part, without acknowledging any damage in case delays are due to reasons of force majeure.

PRODUCTS

Products may be subject to technical and/or aesthetic changes due to reasons of force majeure or production needs. Technical information relating thereto is based on official data provided by producers, who reserve the right to change technical and size information in accordance with the changes/improvements made to products.

PRICES

Prices do not include VAT (20%) and are ex works. Infordata Sistemi S.r.l. reserve the right to change prices without prior notification. Price changes will not be applied to accepted orders, i.e. after receiving the order confirmation.

INSTALLATION

Installation is not included in the price if not explicitly stated in the order confirmation.

OWNERSHIP

In abidance by art 1523 of the Italian Civil Code, Infordata Sistemi S.r.l. shall be the owner of the goods until complete payment of all receivables has been made.

Payment in full shall be effected not later than 30 (thirty) days from the date agreed between the parties and specified in the order confirmation. Should the BUYER fail to grant payment within the given time, Infordata Sistemi S.r.l. shall be entitled to ask to return the products delivered within 15 days from notifying the Buyer via registered letter. Infordata Sistemi S.r.l. shall also be entitled to charge interest at a rate of 15% and any additional costs incurred by any damage careless handling.

CLAIMS

Upon receiving the merchandise, we recommend that The BUYER check the contents of the packaging and that the merchandise is not damaged. In case any token is damaged, the BUYER shall notify the shipping company within 10 (ten) days by providing a description of any defects on the freight bill they have received and by sending a written complaint to Infordata Sistemi S.r.l.

We also recommend that the BUYER, under penalty of expiration, notify Infordata Sistemi S.r.l. about any defects within 10 (ten) days. Should the BUYER fail to do so, the merchandise shall be considered accepted and delivered.

Any defect or deviation is to be notified to Technical Support Department of Infordata Sistemi S.r.l. within 8 (eight) days or, in any case, within the warranty terms.

WARRANTY AND RETURN OF GOODS

All products are guaranteed against faulty parts for 12 (twelve) months from date of invoice, unless stated differently by the manufacturer. Infordata warrants that the products shall be free from defects in material and workmanship, provided that they are used and stored correctly. The warranty shall not cover normal wear and tear and shall only apply to Buyers of Infordata Sistemi S.r.l. If a product breaks down during warranty due to defects in material or workmanship it shall be repaired or replaced at the sole and unquestionable discretion of Infordata Sistemi S.r.l. All defective parts replaced during repair can be reworked, repaired and reused again. Warranty does not cover damage caused by negligence, improper assembly, misuse, repairs and maintenance or improper alterations carried out by unauthorised persons; use of supplies or parts not meeting Infordata Sistemi’s specifications; unauthorized alterations; improper use not complying with the operating procedures and safety precautions outlined in the instructions and assembly manual; normal wear and tear, including accidents or damage caused by acts of God, including fire, floods, lightnings, or other natural disasters. This warranty does not apply to damage due to over voltage and power surge; insufficient or irregular power supply or to any other cause not within the control of the manufacturer or connected with defects in material or workmanship. This warranty does not cover against damage arising from improper storage in retail shops or during transportation; loss of information stored by the Buyer, waste of time, damage to any software, loss of profits or any other commercial damage arising from use of the product; any loss covered by a Buyer’s insurance policy; shipping costs and other expenses; accidents and other indirect damage not mentioned in these terms and conditions. Infordata SIstemi Srl denies any liability for any and all direct or indirect damage to people, things or animals as a consequence of breach or non-observance of the safety precautions outlined herein.

Goods not required by the Buyer, wrongly ordered or ordered in error may only be returned with prior written approval following the RMA(Return Material Authorization) procedure. Any goods whatsoever returned without prior consent or RMA number will be returned to the Buyer freight collect.

Unwanted or incompatible goods or goods returned under warranty, but working, will incur € 30,00 (thirty) charge for administration costs.

Goods must be returned in original packaging, complete and unused. No claim whatsoever shall be accepted after 8 (eight) days from reception of goods. Goods shall be delivered to the Buyer’s own risk.

CREDITS AND PRODUCT RETURNS

Credits for product returns shall only be processed carriage paid within 8 (eight) days from the date of receipt of order following the Price List in force on the date of return. Product returns due to mistake purchase will not be accepted after 8 (eight) days from the date of receipt of order. Returns of products on special offer or subject to availability shall not be accepted. Returned goods which are not received complete and undamaged (e.g. damaged or scratched, user manual, labels on products or packaging missing, damaged packaging) shall be sent back to the Buyer freight collect. In case of a credit account, the price of goods shall be reduced at the discretion of Infordata Sistemi S.r.l.

OUTSTANDING PAYMENT

In the event of deferred payment or in default of payment of any instalment by the established deadline, the Buyer shall forfeit the benefit of the term pursuant to art. 1186 of the Italian Civil Code and, as a consequence, the debt shall become due and payable immediately. In the event of default of payment of the first instalment by the established deadline and unless otherwise agreed by the parties, interests shall be charged for late payment under art. 5.1 of Legislative Decree no. 231 of 09.10.2002 until debt has been paid in full. Should the Buyer fail to default on payment of any instalment, Infordata Sistemi S.r.l. shall be entitled to suspend the supply and to terminate contracts which have not been carried out, on the understanding that the right to obtain deferred payments and a compensation of damages due the suspension of supplies are granted.

LEGAL EXPENSES

All costs, including registration and filing expenses incurred to assert property claim of the Vendor shall be borne by the Buyer

CANCELLATION

No order which has been acknowledged by the Vendor may be cancelled by the Buyer except with the agreement of Infordata Sistemi Srl. In this event, or in the event that the Buyer refuses to collect the goods ordered, he shall pay 10 percent of the price agreed and indemnify Infordata Sistemi S.r.l. in full against transport, shipping and return costs incurred as a result of cancellation.

PRIVACY STATEMENT UNDER ART. 13 OF LEGISLATIVE DECREE N. 196/2003

In compliance with the Italian Privacy Statement (d.lgs. 196/03) we hereby inform you that your personal details - including information acquired verbally, will be stored in a database and/or kept in paper archives and used for the following purposes:

i) main purposes: complying with any contractual, legal obligation and tax liabilities connected with the activity of our Company, or obligations deriving from specific requests of the data subject prior to conclusion of contract

ii) secondary purposes: sending of business information, advertising materials, information materials concerning direct sales by fax, email, sms and mms; carrying out of statistical and market surveys. Personal data are necessary for the purposes expressed in i). Refusal to provide them may result in failure to continue any contractual relations or establish new ones. The provision of personal data and the consent to process them for the purposes expressed in ii) are not compulsory and failure to provide them shall not affect the performance of the contract. Should consent to process personal data not be given, said data shall be used by the company solely for the purposes expressed in i).

Personal data shall be processed for the duration of the contract and afterwards in compliance with the law and, upon consent by the data subject concerned, be used for marketing, advertising and statistical purposes. Personal data may be conveyed to our collaborators and related companies for the completion of the contractual obligations entered into with our customer(s). They may also be conveyed to connected companies, should their involvement be needed in carrying out our activities. If necessary, personal data may also be conveyed to a third party, such as a bank, a debt collection agency, a credit insurance agency, commercial information agencies, professional people and advisers. Officials and people in charge who may be appointed will receive appropriate operating instructions, with particular reference to safety measures to be adopted in order to ensure privacy and data security.

Pursuant to art. 7 of Decree-Law 196/2003, the data subject shall always be entitled to obtain confirmation as to whether his/her personal data are being stored. In particular, he/she shall be entitled to be informed about a) the origin of said data; b) the ways and purposes of data processing; c) the logics applied when personal data are computer processed or processed by means of any technological device; d) the personal details of the data owner; e) the personal details of the recipients or categories of recipients to whom his/her personal data may be conveyed or to whom his/her personal data may be disclosed. The data subject shall also be entitled to request the receiving party to have said data duly updated, amended, completed, and/or deleted in case of its use in breach of the law. The data subject is entitled to object to a) the processing of his/her data on legitimate grounds; b) personal data processing for purposes of commercial information, sending of advertising materials, direct selling or market and opinion surveys. Data processing activities are carried out by:

Infordata S.r.l., Via dei Montecchi, 6 - cap 34137 - info@infordata.it

APPLICABLE LAW AND PLACE OF JURISDICTION

If any disputes arise in relation to the implementation, interpretation and breach of contract shall be governed by the laws of Italy and the parties submit to the non-exclusive jurisdiction of the Italian courts. For those cases not explicitly covered in this document, the terms and conditions contained therein refer to legislative decrees n. 50 of 15/01/1992 and n. 185 of 22/05/1999. Any controversy or dispute relating to the present contract shall be settled before the Court of Trieste.

Under no circumstances whatsoever shall the Buyer be entitled to cease payment.

Right of withdrawal

All purchases by our web site are regulated by Italian and EU legislation and rules regarding the Consumer Protection in Remote Contracts. The Remote Contracts legislation establishes rules for suppliers and provides some protection for consumers who enter into contracts for goods and services where the parties are not together in person when the contract is made. The relevance of the mentioned rules is in the right for the Purchaser to cancel the remote contract.

Who is affected by the legislation? This legislation allows that the revocation on an order may be applied only by natural persons (consumers) who buy goods or services primarily for personal, family or household use and not for their commercial activity. Therefore the right of revocation cannot be exercised by juridical persons and natural persons who are acting for commercial purposes.

Cancelling the contract: the consumer may cancel the remote contract until 10 days from the receipt of goods returning them to the supplier. It will refund to the Buyer within 30 days from the date of cancellation the money paid under contract for returned goods.

Exemptions:: these will apply unless the consumer and supplier agree otherwise. These exemptions cover, for instance, all those goods handed to the purchaser directly in Infordata Sistemi’s premises, audiovisual products or software applications delivered sealed and opened by the customer, goods made to the consumer's specifications and perishable goods.

How to cancel the contract: before you contact Infordata Sistemi’s Customer Service will be convenient to collect the following documents and data:

• Original invoice (reporting the no. of the order, no. of the invoice and Customer code)
• in the case of a partial cancellation of the order you must prepare besides the invoice also the item numbers of articles/products to be returned
• your bank account data where you want the refund will be transferred.

Now you may contact Infordata Sistemi’s Customer Service notifying that you want cancel an order. It will inform you about the procedure to be adopted, it will open the Order Revocation File and will grant the authorisation for goods return.
The procedure provides: to send to Infordata Sistemi a written notice by fax or letter with your declaration that you want exercise the right to cancel the order specifying all previously mentioned data (order no., invoice no., customer code, item no, bank account data).

How do you return goods to Infordata Sistemi: after you received the Infordata Sistemi’s authorisation to return the goods you must package carefully them in order to avoid possible damages during the transport. The products must be returned in original package without any writing over and complete with all belonging accessories, documentation and any other item you received from Infordata Sistemi. Infordata Sistemi reserves the right to reject the goods received incomplete, damaged or not accordingly with the above mentioned procedure.

The goods shall be delivered to the Buyers own risk an expenses to the address indicated by Infordata Sistemi’s Customer Service. Infordata Sistemi suggests you to insure the transport against possible damages or loss.

On every forwarded package the Buyer must apply in visible position the number and year of the relative order. Infordata Sistemi will not accept returns of goods without this data and they will be returned to the sender at its own expenses. Infordata Sistemi suggests you to choose a forwarder with traceability option. Infordata Sistemi will not refund goods from cancelled order if they will be not returned to it.

The refund term for returned goods: Infordata Sistemi will execute the bank transfer to the Buyer of the amount corresponding to the invoice price of returned goods within 30 days from the receipt of them. This amount will not contain the forwarding costs..

Note: Infordata Sistemi reserves the right to reject the goods received without original packaging, accessories, documentation or any other item delivered to the Buyer or goods received without the activation of the above described order cancellation procedure through Infordata Sistemi’s Customer Service. In those cases the goods will be returned to the sender at its own expenses.