Terms and conditions
- Object and scope of these conditions: the general conditions of sale govern all supply relationships between the parties, except for any exceptions specifically agreed in writing. However, even in the case of agreed exceptions, these conditions will continue to be valid and applicable for the parts not expressly waived.
- Formation of the contract: The acceptance by the buyer of the offer or the order confirmation of DIGITAL FOREST, made in writing, entails the application of these general conditions to the sales contract. Offers made by agents, representatives, commercial auxiliaries, sellers of DIGITAL FOREST are not binding until they are confirmed by the commercial management of DIGITAL FOREST itself.
- Samples, catalogs and information material: information data, dimensions and processing and assembly schemes, colors, prices and any other data reported in catalogs, prospectuses, advertisements, illustrations, brochures, price lists both in paper and digital, have an approximation value and are not binding, as well as the characteristics of the samples and / or models sent by DIGITAL FOREST to the buyer. They are binding only to the extent that they have been expressly mentioned as such in the order confirmation.
- Product changes: DIGITAL FOREST reserves the right to make technical changes to its articles that are not substantial but necessary for the optimization of production at any time without any obligation to communicate.
- Product guarantee and conformity: a) within the terms provided for in this article DIGITAL FOREST guarantees the conformity of the products supplied; the term conformity of the products means that the same correspond in quality, quantity and type to what is established in the order confirmation and that they are free from apparent or not immediately ascertainable defects that could make them unsuitable for their intended use. b) DIGITAL FOREST is liable for any damage caused by transport, even carriage paid at destination, only if the customer upon receipt of the goods, after having ascertained any damage, has immediately notified the carrier on the transport document and to DIGITAL FOREST by means of e-mail or fax. No reimbursement will be accepted in the case of transport by the recipient with the use of his own means, as well as damage due to internal movements of the customer, damage made during installation such as, but not limited to, crushing, breakages. , scratches, cuts. c) The warranty is void in the event of improper use of the products, vandalism, errors in the use of the application or installation differently from the defined prerequisites, accidents such as falls, tears, scratches and scratches and accidental bumps, carelessness and unsuitable storage. d) duration of the guarantee: each series of products has its own specific duration, however it is understood that the minimum guaranteed period is one year, notwithstanding the electronic or digital marketing items for which reference will be made to the guarantee issued by the manufacturer . d) for software products, the warranty is also void in the event of updating the operating systems to a later version than that defined in the prerequisites and available on the delivery date.
- Complaints: satisfaction or reimbursement clause: a) the buyer is required to check the conformity of the goods delivered and the absence of defects within ten days of receipt of the products and, in any case, before carrying out any additional processing to them. b) The buyer must communicate the non-conformities or any defects within ten days of delivery, by registered letter or certified e-mail, documenting and indicating in detail the anomalies found. c) The warranty is void in the event that the buyer does not allow or hinder any reasonable technical control that DIGITAL FOREST requires, or if, having DIGITAL FOREST made a request to return the defective products at his own expense, the buyer fails to return such products within ten days. from the request itself. Should it be impossible for logistical reasons or for greater expense to return the products, DIGITAL FOREST will send a technician to the installation site at its own expense; in the event that the buyer should prevent or otherwise hinder the activity of the technician, the warranty will be considered void. d) For defects, malfunctions, hidden non-conformities that are detected within the warranty period, the procedures already described must be maintained, considering the moment of identification of the non-conformity as the beginning of the complaint. e) following the customer’s regular communication, made pursuant to this article, DIGITAL FOREST, at its discretion, may: 1) provide the buyer free of charge, free at destination, with products of the same type and quantity as those found to be defective or not compliant with what agreed within ten working days 2) credit the customer with a sum equal to the value of the products found to be defective or non-compliant. In any case DIGITAL FOREST may request the return at its own expense of the defective products which will become your sole property. f) limitation of liability: any compensation
Digital Forest Srl – Via Cadolini, 30 – 20137 Milan – www.digitalforest.it – [email protected] – VAT number 07798480963
of any damage to the buyer cannot be higher than the invoice price of the disputed products. The guarantee as per art. 5 and 6 of these conditions of sale is supplementary to the legal guarantees for defects and conformity and excludes any other possible liability of DIGITAL FOREST in any case originating from the products supplied; in particular, it should be noted that the buyer will not be able to make other requests for damage, compensation, price reduction or termination of the contract. In no case DIGITAL FOREST can be held responsible for indirect or consequential damages to the supply.
- Technical standards and manufacturer’s responsibility: As regards the characteristics of each product, DIGITAL FOREST complies with Italian legislation and current European technical standards (CE), therefore the guarantees issued are valid only in relation to uses, destinations, applications, tolerances etc .. expressly indicated by the same, or the user is not authorized to dispose of the products supplied in a way that does not comply with the DIGITAL FOREST indications. As regards the electrical and / or electronic and digital machinery marketed by DIGITAL FOREST, since the producers are well identifiable, all responsibility remains with them as governed by articles 114 to 127 of the Consumer Code, as far as related.
- Deliveries: a) return of the goods. Unless otherwise agreed, the supply of the products is intended ex-DIGITAL FOREST, even if it is agreed that the shipment or part of it is handled by DIGITAL FOREST, in which case the latter will act as the buyer’s agent. b) transfer of risks: the risks due to transport pass to the buyer when the supply leaves the warehouse of DIGITAL FOREST. Once the risks have been passed, DIGITAL FOREST is not liable in any case for damage or deterioration of the products. In no case is the buyer released from the obligation to pay the price of the supply. c) expiry of the delivery terms: the delivery term indicated on the order confirmation will not begin to run unless the buyer has paid for the supply or the part share as per order confirmation. Any delays do not constitute a title for the customer to compensate for any resulting damage, nor to the return of products already delivered and to the delayed or non-payment of the same. The buyer can request the termination of the contract by registered letter but, in the case of deliveries divided only for the part of the products not yet processed.
- Payments – a) prices and payments: product prices are always intended ex warehouse. Any amount due to DIGITAL FOREST is net to your domicile. The payment must be made, unless otherwise agreed in writing, together with the order confirmation, at the bank indicated by DIGITAL FOREST. b) late payments: any delay or irregularity in payment gives DIGITAL FOREST the right to suspend supplies or to terminate contracts in progress, even if not related to the payment in question, as well as the right to compensation for any damages. c) late payments also give DIGITAL FOREST the right to exclude the guarantee referred to in Article 5 for the entire period during which the delay persists. d) the buyer will not be able to assert any non-fulfillment by DIGITAL FOREST if he is not up to date with the payments. The buyer is required to pay in full even in the event of a dispute or dispute. No offsetting is allowed with any credits, however arising, against DIGITAL FOREST.
- Retention of title: in the exceptional case in which the payment must be made, in whole or in part, after delivery, the products delivered remain the property of DIGITAL FOREST until the moment of full payment.
- Jurisdiction: for any dispute relating or in any case related to the contracts to which these general conditions of sale apply, the jurisdiction of the MILAN court is agreed between the parties.
- Prices and payment terms: the prices shown in this offer are strictly bound to the payment terms indicated. Any changes in the terms will lead to an adjustment of the amounts. Any unresolved situations will result in the blocking of the services and software licenses provided.
- References: In compliance with the obligations of confidentiality, of a general or particular nature, and with any other rule of correctness implicit in the relations between the parties, DIGITAL FOREST reserves the right to mention, in any location, the Customer and the supply performed in the range of its activities. The parties may also agree, where appropriate, the realization of specific presentations and demonstrations.