Terms and conditions of sale
These General Conditions of Sale apply to all transactions concluded between the Seller - P & F Packaging & Food srl - and the Buyer without the need for an express reference to the same or a specific agreement to that effect at the conclusion of each individual transaction.
Any different condition or term applies only if confirmed in writing by P&F Packaging & Food srl. P&F Packaging & Food srl reserves the right to modify, supplement or vary the General Conditions of Sale, attaching such changes to the offers or to any correspondence sent in writing to the Buyer.
1.ORDERS and PRICES
The Seller's offers are not to be considered binding, in particular with reference to quantities, prices and delivery terms. The order placed by the buyer is to be considered a purchase promise and therefore to be considered concluded and definitive. Orders acquired through our agents bind the Seller only after written confirmation and shipment. In the event that the Seller does not confirm in writing an order negotiated verbally, the issuance of the invoice by the Seller or the execution of the order by the Seller will be considered as confirmation.
The Seller reserves the right, following a product order made for the buyer, to deliver and invoice product in excess of + - 5% deriving from production. Our prices do not include VAT, which must in any case be paid at the time of delivery or in accordance with the specific provisions contained in the invoice. Our offers – price estimates have a validity period of 30 days.
The delivery terms are to be considered, unless otherwise agreed in writing, only as an indication and are not binding on the Seller. Any delays resulting from force majeure or other events not attributable to the Seller, release the Seller from the obligation to comply with any agreed delivery deadline.
The Seller reserves the right to reasonably make partial deliveries.
3. TRANSPORT AND COMPLAINTS
Our goods, even if shipped in "free port" travel at the risk and peril of the recipient. No clause specifying the shipping conditions may contravene this rule. Upon taking delivery of the Products, buyer shall immediately: (1) verify the quantities and packaging of the Products and record any objection in the delivery note;
(2) carry out a check of the conformity of the Products with respect to what is indicated in the order confirmation and record any discrepancies in the delivery note.
Any defects in the goods must be strictly communicated in writing to the carrier upon arrival of the goods, and sent immediately by fax or e-mail / Pec to the Seller. In the event that the dispute relates to a defect that, despite the initial inspection, has remained hidden, the dispute must be made as soon as possible by the end of the working day on which the defect was discovered and, in any case, no later than 8 (EIGHT) days from the taking over of the Products; the detailed communication must be sent in writing to the Seller within the terms indicated above. Any communication made by telephone will not be accepted; the communication must clearly specify the type and amount of defects alleged; the Buyer agrees to make the disputed Products available for inspection; such inspection will be carried out by the Seller or by an expert appointed by the Seller. No dispute with reference to the quantity, quality, type and packaging of the Products can be made except through the communication affixed to the delivery note, in accordance with the procedure indicated above. Any Product for which no dispute has been raised in accordance with the procedures and terms set out above shall be deemed to have been approved and accepted by the Buyer. In case of factory pick-up, the customer and his carrier assume full responsibility for the cargo even in the event of intervention by the seller's operators. In the event that deliveries are made on exchangeable European pallets, in case of non-exchange for any reason, the pallets will be invoiced to the customer within 8 (EIGHT) days of receipt of the goods.
4. RETENTION OF TITLE
All deliveries are made subject to retention of title until full payment. Consequently, they or parts thereof can be recovered from the recipient if the solvency is at stake. The seizure of the goods, or similar measures by third parties, must be immediately reported by registered letter or Pec. Notwithstanding this clause, the transfer of risks on the goods takes place at the time of delivery.
The Seller is not obliged to accept returns of the products, unless expressly agreed in writing. Any costs incurred for this purpose shall be borne by the Buyer. Unauthorized returns can in no way delay the payment of invoices at the agreed deadline. No goods will be taken back beyond a period of 8 days from delivery. Any return of the goods before this deadline does not entitle you to a refund of any sums paid, but this amount will be considered valid for the purchase of another supply at the price in force at the time of delivery, if the return is due to facts attributable to the buyer.
The Seller guarantees that the Products are free from defects and comply with the declared technical specifications.
The warranty applies only to products used in the environment and for applications consistent with the specifications declared by the Seller; any improper use is to be considered prohibited. Goods recognized as defective, and only in the event of defects in raw materials or obvious manufacturing defects, are only replaced to the exclusion of any other compensation. The warranty will not be valid in the event that the products are intended for uses other than those indicated by the Seller. The certifications of the individual products are displayed on our site and different uses are not guaranteed. In case of apparent defects of the goods, the rules indicated in point 3 apply. TRANSPORT AND COMPLAINTS. If the goods have been used by the buyer, no claim will be possible.
7. INVOICING AND PAYMENT
Invoicing is made on the basis of the price lists and conditions affixed by the Seller. The place of payment is at the Seller's domicile.
Payments are due within the agreed terms even in the event of delay in the delivery of the goods or partial or total damages or losses occurred during transport, as well as in the event that the goods remain available to the buyer at the seller and are not collected by the buyer himself. The delay in payment entitles the Seller to suspend the supplies in progress with immediate effect. In case of late payment of the amounts referred to in the supplies and invoices, the default interest provided for by Legislative Decree will be due. 9.10.2002 n.231 starting from the deadlines indicated on the invoice and in the absence of expiration from the date of the invoice itself. Failure to pay a single effect and/or a single invoice at its due date makes all remaining receivables immediately due even if not yet accrued. Any transfers or discounts or premiums at the end of the year, even if included in the invoice, are automatically revoked and to be considered as not granted on the entire turnover of the year and / or the period in which the Buyer could benefit from them, in cases of non-payment of invoices or insolvency proceedings during the year. The buyer may in no case postpone the payment of a deadline in whole or in part or request compensation on the grounds of a claim against our company. Under no circumstances will any deductions made unilaterally by the buyer be accepted, with the exception of any written authorizations from the Seller.
7A. ELECTRONIC INVOICING:
In case of failure to notify the seller of the SDI or PEC code, the electronic invoice can be retrieved in the "Consultation" reserved area of the "Invoices and Fees" portal of the Revenue Agency.
8. PERSONALIZATION AND RIGHTS
Industrial, intellectual and artistic property rights:
The industrial property rights of the products customized by the Seller are the total and exclusive property of P&F Packaging & Food srl and their use in the context of the sales relationship does not create any right or claim on the part of the customer with respect to them. The buyer undertakes not to perform any act incompatible with the ownership of industrial property rights. The graphic drafts, the plants useful for printing and the systems useful for the realization of a tailor-made product, made by P&F Packaging & Food srl, even if partially or fully reimbursed by the buyer, remain the property of P&F Packaging & Food srl.
The intellectual property of the artistic creations is not transferred with the supply of the products but remains the property of P&F Packaging & Food srl.
Customization of the ordered goods:
The goods with customization will be made on the basis of the information and indications communicated by the buyer; in particular, in case of request for personalized products with logo brands, etc., the buyer declares to have the right to use and full use of the same, relieving P&F Packaging & Food srl from any liability deriving from any violation of the protection guaranteed to them. In particular, the buyer explicitly relieves P&F Packaging & Food srl from any liability for damages that may be caused, as a result of the use of the trademark (or logo, etc.), to third parties for the production and consequent use of the products by the same buyer. Consequently, the buyer expressly declares, as of now, to assume all responsibility for the use of the trademarks (or logos etc ...) that he will affix on his personalized products; any claim for damages brought by third parties to the detriment of P & F Packaging and Food srl, will in any case be borne by the Buyer, who also undertakes to compensate the same for any prejudice and / or damage he may suffer for any violation of the protection guaranteed to the trademarks (or logo, etc ...) used by the buyer. P&F Packaging and Food srl assumes no responsibility in case of sending incorrect information by the buyer. The intellectual and / or industrial property of the information and any material sent by the buyer for the realization of the customization of the ordered goods remains the exclusive property of the buyer.
9. PLACE OF JURISDICTION
Any dispute arising between the parties as a result of the interpretation, validity or execution of these General Conditions of Sale and the related contracts stipulated will be devolved to the exclusive jurisdiction of the Court of Palermo, Sicily (Italy) even in the case of multiple defendants or warranty calls. It is understood between the parties that only the Seller, at its own discretion, will have the right to waive the jurisdiction of the exclusive court referred to in the previous paragraph to take legal action against the Buyer, at his domicile and at the Court competent therein.
10. INFORMATION ON THE PROCESSING OF PERSONAL DATA PURSUANT TO ARTICLE 13 OF EU REG. 2016/679 of 27/04/2016
Dear Customer, pursuant to Article 13 of EU Reg. 2016/679 of 27/04/2016 (Ex Art.13 D.lgs. n.196/2003), hereinafter referred to as RGPD (General Regulation for the Protection of Personal Data), we provide you with the following information:
The data you provide will be processed in paper and electronic format to perform services deriving from contractual, accounting, tax obligations, as well as for commercial purposes unless you expressly refuse.The provision of data is optional but any refusal to provide such data could make it partially or totally impossible to provide our services.
The legislation for the management of personal data can be consulted in its entirety on the website www.packagingefood.it
The data controller is: Dr. Alessio Morici available at P&F Packaging & Food srl - via Foro Buonaparte 59 – Milan
The data protection officer is: Maria Antonietta Pirrotta available at the same address.
At any time you may make questions or requests for information to the data protection officer, as provided for by the articles of law currently in force. P&F Packaging & Food srl – Via Foro Bonaparte , 59 – Milano ( ITALY ) - P.IVA 11042740966 – www.packagingefood.it - [email protected]