Terms and ConditionsEXTRA
"If you buy with Scalapay you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be assigned to Incremento SPV S.r.l., related parties and their assignees, and that you authorize such assignment."
GENERAL CONDITIONS OF SALE
Article 1 - General Provisions
The following terms and conditions (also referred to as the "General Terms and Conditions of Sale") form an integral part of the contracts concluded between the Seller Gladius Europe S.r.l., and the Buyer for the supply of the Seller's products (also referred to as the "Products"). Even in the event of waivers agreed upon in writing, these general terms and conditions of sale shall continue to apply for the parts not expressly waived.
Article 2 - Personal Data
The Buyer, in completing the order, undertakes to provide his personal and/or business data correctly and truthfully. The buyer also undertakes to verify that the data communicated are correctly stated in the documentation issued by the Seller.
Article 3 - Proposal and Conclusion of the Contract
Proposals issued by the Seller, where not specifically indicated, are understood to be valid for 7 days from the date of issue. The contractual relationship of sale and purchase shall be deemed to be concluded upon the Purchaser's signing of the proposal prepared by the Seller or upon payment, even partial, of the Products. The signing or payment, even partial, of the Products shall constitute specific acceptance of these general conditions of sale. Subsequent to the acceptance of the sales proposal or the payment of a down payment on the Products, no reductive or modifying variations of the chosen items will be accepted.
Article 4 - Right of Withdrawal
In the event that the Buyer is a "Consumer", as defined in Article 3 of the Consumer Code, the discipline provided applies he/she shall be entitled to the rights set forth in Article 52 et seq. of the Consumer Code, and therefore the right to withdraw from the Purchase Agreement for any reason, without penalty and without specifying the reason, by means of an explicit declaration of his/her will to withdraw from the contract within 14 days from the delivery of the goods. The declaration must be sent by registered letter. The right of withdrawal is excluded, according to art.59, lett c) of the Consumer Code, in the case of products made to measure according to customer requirements. The return of the goods is at the expense of the Buyer. The goods must arrive properly packed and in the same condition in which they were received. The Seller reserves the right to reject any product returned unpacked or otherwise in any manner other than as specified above.
Article 5 - Cancellation of Orders
If the "non-consumer" Buyer proceeds to cancel, even partially, the order will be considered cancelled in its entirety, losing the deposit paid under Article 1385 Civil Code.
Article 6 - Payment
Unless otherwise agreed to by Seller in writing, payment shall be deemed due before the scheduled delivery date. Goods will be delivered only after full payment for the order has been made. Payment shall not be deemed made, and therefore shall not release the Buyer from his obligation, until it reaches the Seller.
Article 7 - Shipping and Delivery Products
Unless otherwise stated, "transportation charges" means charges related to standard delivery at street level. The following are not included in the definition of transportation charges but are classified as "special services": delivery to the floor, porterage services, delivery by appointment, delivery by hydraulic tailgate, delivery to downtown or inconvenient areas, and any other special requirements. Special services must be requested at least 15 days before the scheduled delivery date and are subject to differential payment. Delivery terms, where not expressly indicated by specific agreement signed prior to the issuance of the estimate, are always understood to be indicative and not binding. In the event of failure to collect or inability to deliver the products for reasons attributable to the Buyer, the Buyer will be required to pay, in addition to the value of the supply, the related handling costs. Article 8 - Duty of Inspection, Acceptance of Products and Claims . Upon taking delivery of the Products, the Purchaser shall immediately: i) check the quantities and packaging of the same, ii) carry out an inspection of the conformity of the Products with respect to what is indicated in the order confirmation iii) record any objection in the delivery note by affixing on the delivery note or document the indication "accepted with reservation" taking care to specify in detail the damage or defect detected. In the case of complaint of defects, the Buyer must give detailed notice thereof in writing within 3 (three) working days from the acceptance of the Products by the Buyer. It should be noted that any communication made by telephone will not be accepted. Any Product for which no dispute has been raised in accordance with the above procedures and terms shall be deemed approved and accepted by Buyer. Article 9 - Returns and Replacements Products subject to return or replacement must be unused and undamaged. The cost of packaging and transportation of these Products shall be borne in full by the Buyer. Article 10 - Installation and Assembly The activities of assembly, assembly and installation, of the Products are the sole responsibility of the Buyer. The Buyer to carry out the above activities shall refer to the technical instructions provided by the Seller referring to the individual Goods specified and indicated following the words "assembly". Some of the Seller's Goods require fixing to the floor or wall to be performed by suitable equipment before use. It shall be the responsibility and care of the Buyer to provide, by means of suitable equipment, the fixing to the floor or wall of the Products also depending on the support to which such Products are to be anchored. Article 11 - Laying of Flooring The laying of the flooring, where not expressly requested and indicated on the proposal issued by the Seller, is the sole responsibility of the Buyer Customer. The request for the laying of the flooring by parties appointed by the Seller must be received at least 15 days prior to the established delivery date and will be subject to a differential payment. It should be noted that the wording in proposals issued by the Seller "laying flooring" does not include porterage service.
Article 12 - RIG ARENA / COLOSSEUM Warranty.
GLADIUS RIG ARENA / COLOSSEUM structures are MADE IN ITALY, are designed to have unlimited life if used following the instructions for use and adhering to the specifications stated by the Seller. The Seller warrants that the Products are free from defects and conform to the technical specifications stated by the Seller. The warranty will not be valid if the defect is dependent on incorrect or inadequate application to the Product, i.e., the warranty shall not apply if the defects in the Products are the result of wear and tear or inefficient maintenance. Unless otherwise indicated, the warranty, will last for: i) 2 years from the date of delivery for the plastic parts of the Products; ii) 5 years from the date of delivery for the painting of RIG structures against damage caused by through corrosion (structural corrosion).
Article 13 - Applicable Law and Jurisdiction
These General Conditions of Sale are subject to Italian law. For any dispute arising between the parties as a result of the interpretation, validity, effectiveness, execution, termination and in any case the termination of these General Conditions of the Contract, the Court of Parma shall have exclusive jurisdiction. In the event that the Purchaser is a "Consumer", the competent Court shall be that of the place of residence or domicile of the customer, if located in the territory of the State, pursuant to Article 66 bis of the Consumer Code. Article 14 - Processing of personal data The processing of personal data of users will be carried out in accordance with the provisions of Legislative Decree No. 196/2003, and subsequent additions and amendments, as better specified in the privacy policy found in the appropriate section of the site (www.gladiuseurope.com).
