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  CONDITIONS OF SALE AND LICENSED CONTRACT OF USE FOR PRODUCTS DISTRIBUTED BY SELET s.c. a r.l.

ATTENTION: The conditions of sale that follow set out the conditions and methods of purchase for products displayed on the website of SELET s.c. a r.l. Before using our online services please carefully read the clauses and conditions of the following contract.

SUBJECTS:
Supplier: the company SELET s.c. a r.l. with administrative headquarters in Baldissero, 21 – 10080 - Vidracco (TO) P.I. 08839070011 - e-mail: info@sel-et.com
Client: subject identified by data inserted by means of an act of registration and the acceptance of the following general conditions.

1) OBJECT OF THE SERVICE:
The Supplier places at the disposition of the Client on the website SEL-ET.COM, owned exclusively by SELET s.c. a r.l. a virtual display case from which it is possible to view online and purchase products …the service is aimed exclusively at subjects resident in the territories of the Italian State, or in the case of legal persons who have their own established organization in Italy. Every article is equipped with technical information, based exclusively on the data made available from respective producers. The Client will be able to view the electronic catalogue and the offers of the Supplier but only make purchases from the said site on the acceptance of the following conditions of sale and after site registration, with the insertion of a ‘user-name’ or (User-ID) on each occasion for identification and the ‘password’ that the system releases to each client at the end of the said registration.

2) NATURE OF THE RELATIONSHIP AND CASES OF NON APPLICATION OF CONSUMER PROTECTION LAWS:
In conformity with the previsions of the national and community laws presently in force, the economic relationship between Supplier and Client is governed by consumer protection laws exclusively in cases in which the Client makes purchases for personal use outside of his/her own business activity. With regard to the relationship between Supplier and Client when the Client purchases products for use as part of a business activity, supplying a VAT number, the laws regarding the protection of consumers will not apply: in particular D.Lgs. n. 185 of 1999 (contracts at a distance), D. Lgs. n.50 of 1992 (right to withdraw) and art. 1469 bis e segg.c.c.

3) PRICES:
Except where indicated all prices are ‘VAT inclusive’ and expressed in EURO. The contractor can ask for a revision of the stipulated price when for unforeseen circumstances an increase in the cost of materials or production is verified, so as to determine an increase of higher than a tenth of the total fixed prize. Such revisions are agreed upon only for differences that exceed a tenth. The contractor nevertheless has a right to a fair reward, if difficulties arise in the course of the work as a result of geological change, lack of water supply and similar, that were unforeseen by either party, and which render the services of the contractor notably more onerous.

4) VARIATIONS:
In cases in which the customer intends to introduce changes or additions to the initial work, the two parties must reach an agreement on additions to the price. If the parties do not agree it is the duty of the judge to determine the variations to be introduced and the relative price. While waiting for such a determination on the part of a judge, the work will remain suspended. If that which implies variations to the price is higher than a sixth of the fixed price, the contractor can withdraw from the contract and obtain fair compensation. If it is the customer who withdraws, he/she must correspond with fair compensation.

5) PAYMENT:
The total balance will be paid on the act of inspection, which must be effected as soon as the contractor places the customer in such a condition as to be able to carry it out. If however the customer does not proceed with the verification of the work without just motive or does not communicate the result within 7 days, the work will be considered accepted. If the customer receives the consignment of the work without reservation, this is considered as an acceptance even though this is not preceded by a verification. The lack of payment even of only one of the fixed down payments, gives the contractor the right to interrupt the work until the obligation is fulfilled. If the customer does not supply the payment within 7 days, the contractor has the right to withdraw from the contract and to obtain fair compensation.

6) TERMS OF PURCHASE:
Every order is distinguished by an univocal code (order number) and contains indications of the data forwarded to the system, the details of the articles purchased, excluding shipping costs, the individual prices inclusive of VAT in Italian Lire and in Euro, the summary of total taxable costs (VAT excluded) Contemporaneously in Italian Lire and Euro. The receipt of the order in the Suppliers information system does not in any way commit the Supplier. The Client accepts that the communications sent by the Supplier concerning orders received by the Supplier will arrive in the electronic form of email (electronic post) and by means of Web services.

7) SHIPPING METHODS:

8) SHIPPING TERMS:
The shipping terms agreed upon between Supplier and Client, must not be retained as absolute and may be subject to modification in cases in which during the course of the work unexpected questions arise that are not known or were not known at the outset of the work.

9) WITHDRAWAL:
In the case in which the customer decides to withdraw from the contract, the customer must indemnify the contractor of costs sustained, of work undertaken and of loss of earnings. If however the contract is dissolved because the execution of the work has become impossible as a result of causes that were unforeseen by both parties, the customer must pay for the part of the work already completed in proportion to the fixed price of the entire work.

10) EXCLUSION OF THE RIGHT TO WITHDRAW:
The right to withdraw does not apply to Clients who purchase for aims concerning their business activity (for example: instrumental use, re-sale etc) and who therefore communicate their VAT number to the Supplier.
The right to withdraw is also excluded in the following cases:
- Purchases of audiovisual products, packaged goods and packaged software, that have been opened by the Client;
- Purchases of goods in customized or personalized packaging or which by their nature cannot be re-shipped or run the risk of deterioration or rapid alteration;
- The supplier of services who has begun to execute the services with the agreement of the Client, before the deadline of the 10 day limit as set out by sub-section 1 of the art.5 D.Lgs. 185/99;

11) HOW TO EXERCISE THE RIGHT TO WITHDRAW:
The right to withdraw is exercised, under the terms outlined above, by means of a registered letter with advice of receipt, to the following address:
SELET s.c. a r.l. Via - Baldissero, 21 - 10080 Vidracco (TO)
Such communications must necessarily contain the following information:
1 – the order number of that on which the withdrawal is being exercised
2 – The expressed desire of the client to withdraw from all or part of the purchase contract
3 – The description and codes of the article for which the right of withdrawal is being exercised
4 – a copy of the purchase document (invoice – shipping document) relative to the order of the object of withdrawal
5 – Bank details of the Client (current account, Abi, CAB), name of account holder if different from the Client
A lack of the requisites outlined in previous points 1-2-3-and 4 will result in the Supplier not being able to concede the rights of withdrawal to the Client

12) As a matter of courtesy the Client commits to conserve and protect with the maximum care and attention the products received and for which the Client intends to exercise the right to withdraw, conserving integrally the original packaging, both internal and external, as was supplied with each product. Following the receipt of the registered letter in which the Client communicates the desire to exercise the right of withdrawal, the Supplier, on verification that the correspondence has the above indicated requisites, will communicate via email to the Client the (RMA) number to effect the restitution of the products to the Supplier. The Client commits to return the products for which the right of withdrawal is being exercised no later than 15 days after the receipt of the (RMA) number, sending the merchandise to the following address:
SELET s.c. a r.l. Via Baldissero, 21 10080 Vidracco (TO)
and taking care to indicate in a clear manner on the outside of the packaging the RMA number. The cost and transport risks for the restitution are the complete responsibility of the Client. The restitution of products that are broken, deteriorated or lacking in accessories or original equipment will not be accepted by the Supplier and will be returned to sender with an increase in transport costs. The Supplier having taken receipt of the merchandise complying with the above conditions and having verified the condition of the goods will reimburse the Client as soon as possible.

13) PRODUCT GUARANTEES:
The Client accepts from the moment of purchase, integrally, any conditions of commercial guarantee and assistance offered by the producers of the purchased articles, which may be independent of the will of the Supplier who therefore does not respond to such conditions of guarantee and assistance SELET s.c. a r.l. does not furnish additional guarantees of any kind. Every guarantee, condition or right of indemnity and compensation, be it expressly or implicitly established by the laws, by custom and by every previous affirmation be it written or oral (including every guarantee regarding the saleability and the satisfaction of quality or suitability for a particular aim or regarding the absence of functioning defects) are to be seen to all effects as exclusive and not accepted, save that which is expressly and diversely established in this contract. No distributor, agent or employee of SELET s.c. a r.l. is authorized to modify the guarantees supplied by this contract extending their range or inserting other conditions, nor are they authorized to effect any other modifications.
A guarantee will be annulled if it is established that the defect was caused directly or indirectly by non-authorized tampering of the product carrying the guarantee, by a non-authorized attempt to repair the product, or in such cases in which the products have been used in an improper way.
The Client is obliged to immediately communicate to SELET any defects, even if only suspected in the product.

14) EXCLUSION OF RESPONSIBILTY FOR DAMAGE:
In no case neither SELET s.c. a r.l. nor its suppliers will be held responsible for having produced damage of any kind (including, without limitation, damage caused in terms of loss of profits, of interruption of working activities or monetary loss of other kinds) deriving from the use of or from the incapacity to use the supplied product be they the creation of SELET s.c. a r.l. or not, and also in such cases in which the same have been informed about the eventuality of such damage.
Information relative to the products sold by the suppliers is based exclusively on published data and made evident by respective producers, therefore the Supplier is not responsible for the correspondence of merchandise sold to the specifications published on its own web site.
The Supplier declines any responsibility for the malfunctioning, interruption of services, degradation of performance, be they rightful or not as a result of major forces or fortuitous events.

15) PRESCRIPTION OF FORMAL NOTIFICATION AND RISKS FOR WHICH THE CLIENT IS RESPONSIBLE:
Providing that the laws do not indicate otherwise, no formal notification deriving from this contract or relating to this contract, independently of the form in which it is proposed, can be carried forward beyond a year from when the cause of the formal notification was verified or beyond the shorter period stipulated by law.
With this Contract the Client agrees to bear any risks linked to the quality and to the restitution of the products supplied. The Client assumes the risk of any eventual damage brought to bear on the equipment or other elements by means of the use of the products, including the cost of any work and or substitution that may be rendered necessary.

16) COMPETENT COURT:
For any legal controversy that arises between Clients and Suppliers the exclusive competence lies with the Tribunal of Torino.

17) SUBSTITUTION OF CONTRACTUAL CLAUSES:
In the case of any eventual nullification of a clause in this contract, or a part of it, the clause in question will be automatically substituted by the discipline stipulated in law.

18) COMUNICATIONS:
The Client accepts that the notices and communications concerning all the online services (including those regarding purchase orders) will be effected by the Supplier in the electronic form email (electronic post) and by means of Web services, recognizing their full validity and expressly renounces from this moment on the non-recognition of the contents of declarations sent and or received in electronic format. The Client is informed and accepts that the Supplier holds archives of the technical Files Log in his system concerning the tracing of operations, estimates and the passage of orders and recognizes their validity in any eventual reconstruction of the postal relationship.

19) LAWS APPLICABLE TO THE CONTRACT:
This licensed contract is regulated by the laws of the Italian State without taking into consideration the choices of any other legislation.
According to art. 1341-1342 c.c. the Client declares to having read and specifically accepted the clauses of which the general terms are presented in the following articles: art. 2) nature of the relationship and cases in which consumer protection norms are not applied
art. 6) terms of purchase
art. 7) shipping methods
art. 9) right to withdraw
art. 10) exclusion of the right to withdraw
art. 13) product guarantees
art.14) exclusion of responsibility for damage
art.15) Prescription of formal notification and risks for which the Client is responsible
art.16) competent court
art.18) communications
art.19) laws applicable to the contract
 
     

     
 
 

SEL ET s.c. a r.l.
Via Baldissero, 21 - 10080 Vidracco (TO)
Tel.: +39 0125 791144 - Fax: +39 0125 789738
VAT N.: IT 08839070011
 

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