Warranty and returns

Novalberg undertakes to deliver products that conform to the order and that do not have defects detectable at the time of purchase.

All products sold on this site are covered by warranty. The product warranty has a duration of 12 months (3 months for used products unless otherwise stated by us) from the invoice date and does not cover any anomalies of electrical and/or electronic parts, defects due to wear, improper use of the product, any modifications and/or repairs carried out by the customer or errors in use. The warranty does not in any case include direct or indirect damages to people or things.

Transportation costs are always borne by the customer, both for return to our warehouse and for re-delivery. Items deemed defective during the warranty period will be collected by our Bartolini courier for appropriate checks. The buyer cannot exercise the right to warranty if they do not allow the inspection that the seller deems necessary to carry out.

For out-of-warranty products, on the other hand, the customer can request a repair estimate from Novalberg with the option to accept or reject the cost of the intervention. If, before carrying out the aforementioned estimate, it is necessary for the equipment to be returned to our warehouses, in addition to the aforementioned round-trip transport costs, a lump sum amount (which will in any case be communicated in advance) will be charged to cover the pre-technical intervention carried out by one of our technical assistance/maintenance staff.

 

Before returning the goods, the buyer must always request authorization for the return by sending a request to the email address novalbergweb@gmail.com. Shipping costs for sending to our premises and for return are entirely at the customer's expense and such costs must be paid in advance before collection at the customer's address. After payment of shipping costs, we will instruct our Bartolini courier for collection at the customer's address. The returned goods must also be accompanied by the transport document and must arrive complete with packaging and accessory material in original condition.

For returns of goods without prior authorization, Novalberg reserves the right to refuse the goods, and in the case of products returned with missing accessories and packaging and/or different from the original conditions, Novalberg may apply the measures it deems most appropriate to the case.

Once the defect has been ascertained, Novalberg may carry out the repair directly or have it carried out by third parties or proceed with replacement. During the warranty period, if manufacturing defects are found, no labor costs or replacement part costs will be charged, while the sole shipment of spare parts recognized under warranty to the customer's final address is always at the customer's expense. In the event that the customer, regardless of warranty or not, requests technical intervention at their premises, Novalberg will promptly communicate, according to various factors (customer's location, travel hours, any overnight stays, meals, etc.), a possible estimate of expenses to be paid according to specific methods established at the time of the request.

If the defects found do not fall within the terms of the warranty, it will be the customer's interest to accept or reject any maintenance costs and part replacements, subject to an estimate.

In compliance with Legislative Decree No. 206 of 6 September 2005, "Consumer Code, pursuant to Article 7 of Law 29 July 2003, No. 229", the customer (consumer), if not satisfied with the purchase, may return the products and obtain a refund of the price already paid in advance. The costs of sending the product from the customer to Novalberg are borne by the customer.
Professional customers cannot exercise the right of withdrawal.
The right of withdrawal is not applicable to the supply of custom-made or clearly personalized goods or goods which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.

The consumer customer can exercise the right of withdrawal within 14 days from the date of receipt of the goods, by communicating their decision via email to novalbergweb@gmail.com with a copy of the document (invoice - transport document) and with a description and codes of the products for which the right of withdrawal is exercised. They must then wait for our communication of authorization for the return of the goods, which will be sent as soon as possible. Within 14 days of this communication, the customer must ship the goods at their own expense, in unaltered condition and in their original packaging, sending them to the address contained in our return authorization email.

For private customers who exercise the right of withdrawal, except for custom-made or personalized material, they will receive a voucher equal to the sum paid net of any previously paid shipping costs, which can be spent on future purchases.

The return of products to Novalberg must take place no later than 14 days after the communication of withdrawal.
From the receipt of the products until their redelivery, the customer is required to keep and store the received products with the utmost care and diligence, for which they intend to exercise the right of withdrawal, keeping them intact together with the original packaging, internal and external, as well as all accessories. All costs and risks resulting from transport operations for the return of products are entirely borne by the customer, without prejudice to the customer's right to insure the shipment, bearing the related costs. Only the return of products by courier or postal service is permitted.

Incorrect exercise of the right of withdrawal, according to regulatory and contractual provisions, entitles Novalberg to send the products returned by the customer back to the sender, with additional transport costs.
The return of products is always subject to the integrity of the purchased products.
Novalberg will not accept returns of products handled by the customer, or goods that are returned incomplete of their main elements and accessories.

 

 

JURISDICTION

In case of disputes, the competent court will be that of the court of Naples.

Article 1 - Proposal and Acceptance

1.1. The written acceptance of the order by the supplier or the commencement of the execution of the order by the supplier shall constitute acceptance by the supplier of the order and of these general conditions of purchase.

1.2. Any amendment to these general conditions of purchase must be expressly accepted in writing by the buyer.

 

Article 2 - Obligations and Performance

2.1. The supplier shall execute the order in accordance with the provisions of these general conditions of purchase. The supplier shall provide the buyer with all information that the buyer may from time to time request in relation to the supplies and shall also promptly inform the buyer if, at any time, the supplier is unable or delayed, or becomes aware of any circumstance that may place it in a situation of being unable or delayed in the execution of any part of its supplies.

2.2. The buyer reserves the right to vary the order at any time. Any such variation shall be made through a written revision of the order, accepted in accordance with the procedures set out in Article 1 above.

2.3. The supplier may not assign, transfer, sub-supply or subcontract all or part of the order without the prior written consent of the buyer and without the express written acceptance of the general conditions of purchase and any other provision contained in the order by the (as the case may be) assignee, buyer or sub-supplier. The acceptance of the assignment by the buyer and/or the sub-contractor does not release the supplier from its responsibilities and obligations arising from the order.

 

Article 3 - Delivery

3.1. Supplies must be delivered duty paid - DDP at the address specified in the order. Ownership of the supplies will be transferred upon delivery to the address indicated in the order. The transfer of risk relating to the supplies will pass to the buyer upon delivery, according to the delivery terms just indicated.

3.2. Delivery shall be deemed to have occurred when the supplier has delivered the goods (in terms of description, quality and quantity) to the address specified in the order. For each delivery made by the supplier, a shipping document containing the same information as the invoice, except for the price indication, must be provided in duplicate by the supplier. The order shall be deemed executed when: (i) all supplies have been delivered and/or provided in accordance with the order and have been accepted by the buyer; (ii) all documents specified in the order and/or all documents and certificates required for the installation and maintenance of the supplies in accordance with applicable provisions have been received and accepted by the buyer.

3.3. Supplies must be delivered on the date indicated in the order. Partial or early deliveries will not be accepted without the prior written consent of the buyer.

 

Article 4 - Delivery schedule - Delay penalties If the supplier fails to meet the delivery schedule but the buyer decides not to terminate the order, the buyer may require the supplier, without prior notice, to pay a penalty equal to 1% of the order value, excluding taxes, for each day of delay, up to a maximum, for each single instance of delay, equivalent to 10% of the order value. There will be automatic compensation between the value of the penalties and any sum still owed by the buyer to the supplier, whether such sums are due or not at the time of compensation. The buyer's right to claim further damages is reserved, even in the event of application and payment of the penalty for delayed delivery.

 

Article 5 - Partial delivery - Non-conformity in delivery

5.1. If the supplier delivers only part of the order or if only part of the delivery conforms to the provisions of the order, the buyer may, at its option, apply the provisions of Article 4 limited to those parts of the order not delivered or not conforming to the requirements specified in the order.

5.2. In the event of a partial or non-conforming delivery, the provisions of this clause do not prejudice the buyer's right to: (i) terminate the entire order in accordance with Article 16; (ii) claim compensation for any damage, loss, costs or expenses incurred due to the supplier's non-performance; and/or (iii) request the application of penalties calculated on the total value of the order, excluding taxes.

 

Article 6 - Supplier's obligations before shipment

6.1. The supplier shall grant the buyer or persons designated by the buyer free access to its establishment or to that of its subcontractors/sub-suppliers or to any other place where operations related to the order are carried out, with the aim of allowing verification of the execution status of the order and its progress.

6.2. The personnel employed or appointed by the supplier shall in any case remain under the complete responsibility of the supplier even if, in order to fulfill the obligations assumed with the order, they must work at the buyer's premises, or at any of the buyer's customers.

 

Article 7 - Packaging - Transport

7.1. The supplier is responsible for the packaging of the supplies and for verifying that the supplies are assembled, packaged, and protected appropriately.

7.2. The supplier shall draw up an inventory for each shipment. The inventory must contain all necessary details to identify the packages (order details, type and quantity of supplies, carrier's name, shipment details) as specified in the order.

7.3. In the event that the supplies are damaged during their storage, transport, delivery, or in any case before their acceptance, the supplier undertakes to procure and provide, at its expense and risk, identical replacements for each damaged or lost item, within the terms provided in the delivery plan. The buyer, without prejudice to the exercise of rights or remedies provided by law due to such non-performance, may, at its option, (a) terminate the order without notice or compensation; (b) reject the supplies; (c) withhold payment in whole or in part.

 

Article 8 - Prices The prices indicated in the order are all-inclusive, fixed and non-revisable, after deduction of discounts, and in any case include (without exception): taxes and duties, storage, packaging, insurance, customs duty and transport paid to the delivery address. The currency of the amounts shown in the order is also the currency of payment. Prices are not subject to any form of revision, due to changes in exchange rates or otherwise.

 

Article 9 - Invoicing

9.1. The supplier shall issue invoices in triplicate, to be delivered to the buyer at the address indicated in the order.

9.2. Invoices must be accompanied by documentation proving the correct execution of the order and must contain:

1) all references, order number and date, and the related project;

2) a complete description of the supplies, as well as the number and date of the shipping bill of lading;

3) the price of the supplies, excluding taxes, the amount of VAT, taxes, insurance and customs duty, as well as the price inclusive of taxes and any applicable discounts;

4) the date by which payment must be made in application of the following Article 10; and, more generally, all information that must be reported on the invoice in order to comply with applicable regulations. 9.3. The buyer reserves the right not to accept invoices that are incorrect in substance and/or form.

 

Article 10 - Payment

10.1. Unless the order specifies otherwise and provided that the provisions of the order are regularly fulfilled, invoices conforming to the provisions of the preceding Article 9 shall be settled within 90 days from the date of receipt.

10.2. The buyer shall have the right to offset any invoice against any sum that the supplier owes to the buyer under the order or any other title.

10.3. Payment by the buyer of the price established in the contract for the delivered supplies shall not constitute acceptance thereof and shall not release the supplier from its responsibilities and obligations.

 

Article 11 - Warranty

11.1. The supplier guarantees to the buyer that the supplies (i) are fully compliant with the provisions of the order, specifications, designs and related documentation; (ii) comply with best industrial practices and applicable standards, as well as applicable regulations (including any export regulations); (iii) are free from any defects in design, materials, workmanship, construction or installation; and (iv) are new and suitable for the intended use by the buyer.

11.2. The warranty shall have a minimum duration of two years, commencing from the date on which the supplies are put into service (Article 13).

11.3. The supplier undertakes to promptly replace, at its own expense, any defective part of the supplies. Any part replaced, in accordance with the provisions of the contractual warranty or any other warranty provided by law, shall be subject to the same warranty clause as set out in this Article 11. The costs of returning defective parts to the supplier shall be borne by the supplier. The supplier undertakes to provide spare parts and any other part that may be required during the entire operation of the supplies. If the supplier fails to promptly remedy any defect or non-conformity, the buyer may directly carry out all necessary works, to be performed at the supplier's expense.

11.4. The warranty period will be extended for the entire duration that the supplies are out of service, starting from the day the buyer requested the supplier to take action to remedy the defect or non-conformity until the date the supplies in question are put back into service. If a fundamental or main part of an element of the supplies requires repair or replacement during the warranty period, the extension and renewal of the warranty will extend to the entirety of this element of the supplies.

 

Article 12 - Liability and Insurance

12.1. The supplier shall be liable to the buyer and any third party, and shall indemnify and hold the buyer harmless against any loss, damage, cost and expense of any nature (whether direct, indirect, material, immaterial, physical or economic, and whether suffered by the buyer, the supplier or any third party), arising from the supplier's breach of its obligations set forth in the order or from an unlawful act or non-performance. The supplier shall be responsible for the consequences of its non-performance even if attributable to its employees, managers, directors, agents, subcontractors and/or suppliers.

Online dispute resolution: http://ec.Europa.Eu/consumers/odr/