Terms and Conditions
Novalberg srl undertakes to deliver products that conform to the order and that do not have defects that can be found at the time of purchase.
All products for sale on this site are covered by warranty. The product warranty lasts for 12 months (3 months for used products unless otherwise stated by us) starting from the invoice date and does not cover any anomalies in 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 include in any case direct or indirect damage to people or things.
Transportation is always at the customer's expense, both for return to our warehouse and for redelivery. Items deemed defective during the warranty period will be collected by our courier for appropriate checks. The buyer cannot exercise the right to warranty if he does not allow the inspection that the seller deems necessary.
For out-of-warranty products, on the other hand, the customer can request a repair quote from Novalberg srl, with the option of accepting or rejecting the cost of the intervention. If, before preparing the aforementioned quote, the equipment needs to be returned to our warehouses, in addition to the aforementioned round-trip transport costs, a lump sum (which will in any case be communicated in advance) will be charged to cover the pre-intervention technical work carried out by one of our technical assistance/maintenance staff.
Before returning the goods, the buyer is always required to request return authorization by sending a request to the email address novalbergsrl@gmail.com. Shipping costs for sending to our premises and for return are entirely at the customer's expense, and these costs must be paid in advance before collection from the customer's address. After payment of shipping costs, we will instruct our courier to collect from the customer's address. The returned goods must also be accompanied by the transport document and must arrive complete with original packaging and accessory materials in their original condition.
For returns of goods without prior authorization, Novalberg srl reserves the right to refuse the goods, and in the case of products returned with missing and/or different accessories and packaging from the original conditions, Novalberg srl may apply the measures it deems most appropriate for the case.
Once the existence of the defect has been ascertained, Novalberg srl may directly perform or have third parties perform the repair or proceed with the replacement. During the warranty period, if manufacturing defects are found, no labor costs or replacement parts will be charged, while the sole shipment of parts recognized under warranty to the customer's final location is always at the customer's expense. In the event that the customer, regardless of the warranty or not, requests technical intervention at their premises, Novalberg srl will promptly communicate, based on various factors (customer's location, travel hours, any overnight stays, food, etc.), a possible quote for expenses to be paid according to specific terms established at the time of the request.
If the defects found do not fall within the terms of the warranty, it will be in the customer's interest to accept or reject any maintenance costs and parts replacements after receiving a quote.
In compliance with Legislative Decree no. 206 of September 6, 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 upon advance payment. The costs of sending the product from the Customer to Novalberg srl are borne by the Customer.
The Professional Customer cannot exercise the right of withdrawal.
The right of withdrawal is not applicable to the supply of goods made to measure or clearly personalized or which, by their nature, cannot be re-sent or risk deteriorating or altering 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 novalbergsrl@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 await 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 send the goods at their own expense, in unaltered condition and in their original packaging, to the address contained in our return authorization email.
For the private customer who exercises the right of withdrawal, unless custom-made or personalized material, receives a voucher to spend equal to the amount paid net of any shipping previously paid, which can be spent on future purchases.
The return of products to Novalberg srl 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, both 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 relative costs. Only the return of products by courier or postal service is permitted.
The incorrect exercise of the right of withdrawal, according to regulatory and contractual provisions, entitles Novalberg srl to return the products returned by the Customer to the sender, with additional transport costs.
The return of products is always subject to the integrity of the purchased products.
Novalberg srl will not accept returns of products handled by the Customer, or goods that are returned incomplete of their main elements and accessories.
COMPETENT COURT
In case of disputes, the competent court will be that of the Court of Naples.
ARTICLE 1 - PROPOSAL AND ACCEPTANCE
1.1. The Supplier's written acceptance of the Order or the Supplier's commencement of performance of the Order shall constitute the Supplier's acceptance of the Order and these General Terms and Conditions of Purchase.
1.2. Any modification of these General Terms and Conditions of Purchase must be expressly accepted in writing by the Buyer.
ARTICLE 2 - OBLIGATIONS AND PERFORMANCE
2.1. The Supplier shall perform the Order in accordance with these General Terms and 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 position of being unable or delayed in performing any portion 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 the manner set forth in Article 1 above.
2.3. The Supplier may not assign, transfer, sub-supply or subcontract all or part of the Order without the Buyer's prior written consent and without the express written acceptance of the General Terms and Conditions of Purchase and any other provision contained in the Order by the (as applicable) assignee, buyer or sub-supplier. The Buyer's and/or subcontractor's acceptance of the assignment shall not relieve the Supplier of its responsibilities and obligations arising from the Order.
ARTICLE 3 - DELIVERY
3.1. Supplies must be delivered DDP - Delivered Duty Paid to the address specified in the Order, cleared through customs. Ownership of the Supplies will be transferred upon delivery to the address indicated in the Order. The risk relating to the Supplies will pass to the Buyer upon delivery, in accordance with 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 commissioning and maintenance of the Supplies in accordance with current regulations 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 - PENALTIES FOR DELAY
If the Supplier fails to meet the delivery schedule but the Buyer decides not to terminate the Order, the Buyer may request the Supplier, without prior notice, to pay a penalty equal to 1% of the value of the Order, excluding taxes, for each day of delay, up to a maximum, for each single instance of delay, equivalent to 10% of the value of the Order. Automatic compensation shall occur 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 the application and payment of the penalty for delayed delivery.
ARTICLE 5 - PARTIAL DELIVERY - DELIVERY DISCREPANCIES
5.1. Should the Supplier deliver only a part of the Order or should only a part of the delivery conform 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 non-conforming to the requirements set forth 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 damages, losses, costs or expenses incurred due to the Supplier's breach; 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, for the purpose of verifying the state of execution 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 any of the Buyer's customers.
ARTICLE 7 - PACKAGING - TRANSPORT
7.1. The Supplier is responsible for the packaging of the Supplies and for ensuring that the Supplies are properly assembled, packaged and protected.
7.2. The Supplier must prepare an inventory for each shipment. The inventory must contain all the necessary details to identify the packages (order details, type and quantity of Supplies, carrier name, shipment details) as stipulated in the Order.
7.3. In the event that the Supplies are damaged during storage, transport, delivery or in any case before their acceptance, the Supplier undertakes to procure and provide, at its own 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 any 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 full 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 indicated in the Order is also the payment currency. Prices are not subject to any form of revision, in function of variations 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 specified 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 delivery note;
3) The price of the Supplies, excluding taxes, the amount of VAT, taxes, insurance and customs duty, as well as the price including 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 included in the invoice 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 paid 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 on any other account.
10.3. Payment by the Buyer of the price stipulated in the contract for the Supplies delivered shall not constitute acceptance thereof and shall not release the Supplier from its responsibilities and obligations.
ARTICLE 11 - WARRANTY
11.1. The Supplier guarantees the Buyer that the Supplies (i) are fully compliant with the provisions of the Order, the specifications, drawings and related documentation; (ii) comply with best industrial practices and applicable standards, as well as applicable legislation (including any export regulations); (iii) are free from any design, material, workmanship, construction or installation defects; and (iv) are new and suitable for the use intended by the Buyer.
11.2. The Warranty shall have a minimum duration of two years, starting from the date 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, according to the provisions of the contractual warranty or any other warranty provided by law, will be subject to the same warranty clause as in this Article 11. The costs of returning defective parts to the Supplier will be borne by the Supplier. The Supplier undertakes to provide spare parts and any other parts 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 shall be extended for the entire duration in which the Supplies are out of service, from the day the Buyer requested the Supplier to act 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 shall 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 harmless the Buyer against any loss, damage, cost and expense of whatever 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 under the Order or from an unlawful act or breach. The Supplier shall be responsible for the consequences of its defaults even if attributable to its employees, managers, directors, agents, subcontractors and/or suppliers.
ONLINE DISPUTE RESOLUTION: http://ec.europa.eu/consumers/odr/