General sales terms stated here by XEVENTS Srl apply to order, sales and deliveries of products marketed by the company as distributor via catalogue, offers, advertisement, e-sales, telemarketing, spoken words. General conditions apply to companies, corporations, professionals and customers as defined by the law in force (D. lgs 09/06/2005 n. 206). Purchases made by the customer from XEVENTS are made following the needs of the customer. All orders assume complete acceptance of these conditions. General terms of purchase of the customer are not relevant to application and interpretation of this contract.
2. Quotations and orders:
Only written quotations presented during the period stated in the quotation itself are legally valid. Orders can be placed and are received by XEVENTS Srl at the addresses stated, via internet, telephone, mail, fax, headed paper, stamped by the customer, via email. The contract is closed only after formal acceptance of the order by XEVENTS Srl. XEVENTS Srl reserves the right to confirm the order with all effective means to the address of the customer. The customer shall verify the confirmation and communicate immediately any mistake, omission or difference from the order. Otherwise, the object of the contract will be determined on the basis of the confirmation of order sent by XEVENTS Srl. Orders placed by the customer itself or by an agent or other authorized person in his behalf shall have legal effects on the customer.
Prices are settled by XEVENTS Srl and are available in the catalogue.
4. Terms of payment
Invoices are paid with credit card or bank transfer net price not considering discount. Failure to pay the total amount of the invoice within the deadline will result in compensation for XEVENTS Srl following the law in force (in particular D. lgs n. 231/2002) calculated on the price VAT included. This clause do not compromise immediate collectability of the credit.
5. Terms of delivery
Delivery time are settled as a rough guide and following good faith, except for obstacles due to fate or force majeure. Where not stated otherwise, a delay in the time of delivery cannot justify right of withdrawal or compensation. Should the goods ordered not be available the delivery will be done according to the possibilities of the supplier. In this case XEVENTS srl shall communicate to the customer an estimated date of delivery.
6. Property transfer and customer’s responsibility when goods are delivered
When goods are delivered, the customer must check correspondence of the number of packages compared to the order and physical integrity of the packages. Possible damages or missing items must be promptly communicated to the forwarder and stated in the waybill before signing, or consider it “conditionally accepted” writing this on the package and signing the waybill. Contents of the packages must be promptly checked and possible problems regarding integrity, correspondence and completeness of the products received must be reported to the forwarder within 48 hours via parcel with delivery advice. Property transfer is completed when the customer has paid the whole amount invoiced. XEVENTS Srl can claim restitution of the goods if the customer fails to pay the whole amount in the time due.
Should the products not conform to the description in the order confirmation in quality or quantity, the customer must issue written complaint to XEVENTS within 7 days from delivery. No items will be accepted without prior agreement with our customer service department and on condition that the goods are delivered undamaged and in the original package, sent with recorded delivery and including copy of the invoice. The package must carry the number of restitution given by operators at our customer service dept. Shipping cost and insurance are care of the customer. Products which correspond to the description in the order and suitable for use will not be accepted.
XEVENTS does not guarantee in any way the products; these are guaranteed by the producer itself. XEVENTS guarantees its activity following the law in force. Conventional guarantee from the producer cannot be related to XEVENTS. Given the suitability of the product, XEVENTS does not guarantee in any case that the products supplied are appropriate to the needs of the user. The customer acknowledge XEVENTS that he knows the technical features of the products and has chosen the products he ordered under his own responsibility and following his needs. For this reason XEVENTS never guarantees the suitability and appropriateness of the products in the order for the effective satisfaction of the needs and expectations of the customer. In the possibility of conviction of responsibility, XEVENTS will only compensate damages caused by negligent or fraudulent behaviour as for Italian law (art. 2043 CC), excluding any compensation for direct, potential and not monetary damages, according to the limits stated by the law in force. Monetary responsibility will be in any case limited to compensation of the price paid by the customer for the item. Should the guarantee given by XEVENTS be in force, product can be substituted, repaired or replaced by another product of equal monetary worth. This warranty does not apply in the following cases: deterioration or damage due to bad maintenance, in particular breakings, humidity, not suitable temperatures, oxidation, leaking. For products not covered by guarantee, upon request of the customer an estimate for fixing will be issued.
9. Treatment of personal data
XEVENTS will use the customer’s personal data in accordance to art. 13 Leg. Decree 196/2003. According to art. 7 of this law, the customer has the right to access, update, rectify his personal data and deny consent to commercial use of the data. This right can be exerted writing to XEVENTS Srl - Viale della Repubblica, 12 31050 Villorba (TV). The data can be treated by third parties in order to execute the contract. With the customer’s consent, XEVENTS can communicate the data to third parties for commercial use.
In case of dispute connected to interpretation, application, resolution of the contract, the Italian judge will be competent, with Treviso tribunal having the sole right. In any case XEVENTS has the right to choose any other competent jurisdiction, in particular those of the headquarter or of the destination of the goods.