General conditions of sale B2B (e-commerce)

Given that:

• J & S Srl, with registered office in Rome (Rm), via di Scorticabove 15, tax code 01696680584, VAT number 01012061006, tel. 064111303, e-mail  info@fisiocomputer.com , PEC  jsroma@registerpec.it  (“ J & S ” or the “ Seller ”) is the owner of the site fisiocomputer.com (hereinafter “ Site ”);
• on the Site it is possible to purchase the Products through the e-commerce service;
• These general conditions of sale (” General Conditions “) apply to all purchases of Products made through the e-commerce of the Site by any subject, natural or legal person qualifying as a professional (” Professional “) pursuant to art. . 3, paragraph 1, lett. c) Legislative Decree 6 September 2005, n. 206 (” Consumer Code “);

1 Definitions

In these General Conditions, the terms listed below will have the meaning given alongside:

1. ” Buyer ” means the Professional who purchases the Products through the Site according to the methods indicated in these General Conditions;
2. ” Order Acceptance ” means the communication of formal acceptance of the order pursuant to art. 1 of the General Conditions;
3. by “ Consumer Code ” we mean Legislative Decree 6 September 2005, n. 206;
4. ” General Conditions ” means these general conditions of sale;
5. ” Contract ” means the contract for the sale of products stipulated at a distance through the Site between the Seller and the Purchaser;
6. ” Price ” means the price of the Products;
7. ” Products ” means the J & S products for sale on the Site;
8. ” Professional ” means the natural or legal person who acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity, or his intermediary pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code;
9. by “ J & S ” or the “ Seller ” we mean J & S Srl, with registered office in Rome (RM), via di Scorticabove 15, tax code 01696680584, VAT number 01012061006

2. Scope of the General Conditions

• These General Conditions apply to all purchases of Products concluded remotely by the Purchaser through the Site.
• These General Conditions are made available to the Purchaser for reproduction and conservation pursuant to art. 12, Legislative Decree 9 April 2003, n. 70.
• J & S reserves, as indicated below, the right to update, integrate and modify, in whole or in part, these General Conditions and each of the documents referred to by them.
• The changes to the General Conditions will be effective from the moment of publication on the Site and will apply only to sales of Products concluded after publication.
• The Purchaser may not invoke or plead conditions other than those contained in the General Conditions. Any clause and/or   provision added by the Purchaser in its orders and/or in its correspondence, contrary to and/or in any case supplementary to the present General Conditions, unless expressly accepted in writing by J & S.

3. How to purchase the Products – placing orders 

• In order to purchase the Products, the Purchaser has two possibilities.

a) The Customer can view the product sheet on the site and request information without registering on the same. The Sales of the Seller will contact the Purchaser through the contact channels provided by the Purchaser and eventually they will be able to propose a commercial offer.

b) The Customer can register and request offers by placing the product or products that interest him in the cart. Following the checkout, a request for a quote is generated towards the Seller. 

After placing the order, J&S will send an automatic summary communication of the order. This communication does not constitute formal acceptance of the order by J&S.

The Sales of the Seller, through the site or through the contact channels indicated by the Buyer, communicate a purchase offer to the latter. 

If the Purchaser decides to accept the offer, he inserts it in the virtual cart and confirms the order by following the procedures indicated on the site. Alternatively, the Purchaser may accept the offer and conclude the order by paying the amount due by bank transfer, or in the manner agreed with the Seller.

4. Conclusion of the Contract

• The Contract stipulated through the Site is considered concluded when the Purchaser receives, via e-mail, the formal confirmation of the order with a communication, following the automatic and summary e-mail of the order pursuant to art. . 2, through which the Seller accepts the order sent by the Purchaser and communicates that he will proceed with the execution of the same (” Order Acceptance “).
• The Seller will have the right to accept even only partially the order placed (for example in the event that there is not the availability of all the Products ordered). In this case, the Contract will be considered finalized only in relation to the Products identified in the Acceptance of the Order referred to in the previous art. 1.
• Until the Purchaser has received the Acceptance of the Order referred to in the previous art. 1, the same has the right to revoke the order by sending an e-mail to the Seller ‘s address info@fisiocomputer.com or according to any other methods indicated on the Site.

5. Acceptance of the General Conditions

• These General Conditions of Sale must be examined “online” by the Purchaser, before completing the procedure for purchasing the Products.
• The Purchaser, by electronically sending the confirmation of his purchase order, unconditionally accepts these General Conditions and acknowledges that the Seller will not be bound by other different conditions that have not been previously agreed in writing.

6. Prices of Products

• The prices of the products indicated on the site do not constitute an offer to the public, therefore they must always be considered indicative and subject to acceptance of the order by the seller pursuant to art. 1.
• The VAT taxation or exemption applied to the prices of the Products differs according to the State of residence of the Purchaser. Before carrying out the Checkout, the Buyer will view the total amount due. The transport cost is included in the Final Price sent in the offer and present at the end of the Checkout, unless otherwise indicated or agreed.

7. Methods of payment and billing

• Payment of the Price of the Products, of the delivery and transport costs and of any other cost or charge to be borne by the Purchaser will take place using the payment methods specified during the purchase procedure.
• For payment processing, J & S uses third-party tools and does not in any way come into contact with payment data – such as those relating to the credit card – provided. Any management costs of non-accepted payments by the User will be charged to the User.
• By submitting the purchase order for the Products, the Purchaser guarantees the availability of the sum necessary for the payment of the Price of the Products and the other costs and charges to be borne by him.
• During the purchase procedure, the Purchaser may request the issuance of the invoice by selecting the appropriate box and entering the billing information including the tax code and/or VAT number.

8. Methods of delivery

• The Seller will deliver to the Purchaser, at the address indicated by the latter, the Products purchased by means of selected professional carriers. Delivery times are specified during the purchase phase and must be understood as indicative, non-binding and therefore non-essential. Delivery will be deemed to have taken place when the Products are taken over by the carrier for transport to the address indicated by the Purchaser during the purchase phase, with the simultaneous transfer of risk for loss or damage to the Products to the Buyer.
• Unless otherwise agreed in writing between the Parties, the costs for the delivery and transport of the Products will be borne by the Purchaser and will be charged to the same together with the Price of the Products.
• Any liability of J & S in relation to damage and/or loss of the Products or in relation to delays in the delivery of the same is excluded, with the consequent exclusion of any right of the Purchaser to ask J & S for sums by way of compensation for direct damages or indirect. Likewise, no responsibility can be attributed to the Seller for delayed or non-delivery attributable to the absence of the Purchaser or a person appointed by the same at the time of delivery on the day and in the indicated and/or agreed time slot, or attributable to force majeure or by accident.
• Upon receipt of the Products, it will be the Purchaser’s responsibility to verify their quantity, quality and compliance with the Contract.
• Under penalty of forfeiture of the related rights, any disputes and/or complaints relating to the quantity, quality and compliance with the Contract of the Products delivered must be raised by the Purchaser in writing within 3 (three) calendar days of their receipt.
• Likewise, under penalty of forfeiture of the relative rights, any hidden defects or discrepancies of the Products must be reported in writing to J & S within 5 (five) calendar days of discovery.

9. Force majeure

• J&S shall not be liable for any delay in delivery or other breach of contract to the extent caused by force majeure, such as, but not limited to, fire, war (whether declared or undeclared), general military mobilization, insurrection requisitions, seizures, objective impossibility of energy procurement, epidemics, work stoppages, union unrest, transport difficulties, strikes, lockouts, production stops due to unreasonably foreseeable technical causes and defects or delays in deliveries by suppliers, natural disasters, provisions of public authority or other circumstances which occurred after the conclusion of the Contract.
• In case of impossibility to fulfill, the execution of the Contract will be suspended for the duration of the cause of impossibility to fulfill, without J & S being able to be held responsible or obliged to compensate for any damages.
• In the event that the cause of force majeure lasts for a period exceeding 2 (two) consecutive months, both the Purchaser and J & S will have the right to terminate the Contract, without J & S being able to be held responsible for the delay or required to compensate the Purchaser for any damage that may arise therefrom, as the Purchaser has the right only to a refund of the Price already paid.
•  

10. Limitation / Disclaimer of J & S

• J & S is not responsible for damages and/or losses suffered and/or costs incurred by the Purchaser as a result of failure or incorrect execution of the Contract, except in cases of willful misconduct or gross negligence.
• Furthermore, any liability of J & S for direct or indirect damages that may derive, directly or indirectly, to the Purchaser from the Products is excluded, except in cases of willful misconduct and gross negligence.

11. Buyer’s obligations

• The Purchaser is prohibited from entering false, and/or invented, and/or fictitious data in the registration procedure using the appropriate electronic form; the personal and/or corporate data and the e-mail must be exclusively authentic and refer to the subject who performs the registration or in whose interest it is performed. The Purchaser, or the one who registers on his behalf, therefore assumes full responsibility for the accuracy and truthfulness of the data entered in the electronic registration form, aimed at completing the product purchase procedure.
• It is expressly forbidden to make double registrations corresponding to a single natural or legal person or to enter third party data. The Seller reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of all consumers.
• The Purchaser indemnifies the Seller from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the Purchaser, the latter being solely responsible for the correct insertion.

12. Communications

• Without prejudice to the cases expressly indicated – or established by legal obligations – the communications between the Seller and the Purchaser will take place by means of e-mails to the respective addresses which will be considered by both parties a valid means of communication and the production of which in court it cannot be contested for the mere fact of being electronic documents.
• Both parties may at any time change their e-mail address for the purposes of this article, provided they promptly notify the other party in compliance with the forms established in the previous paragraph.

13. Processing of personal data

J & S will process the personal data of the Buyers in compliance with the legislation on privacy in compliance with what is indicated in detail in the Privacy   Policy to which reference is made in full.

14. Industrial property rights

The trademarks affixed to the Products as well as the trade names and, more generally, the industrial and intellectual property rights associated with the Products are the exclusive property of J & S. The Purchaser is strictly prohibited from reproducing, copying, using, transmitting or pass them on to third parties.

In case of violation of this obligation, J & S will have the right to terminate the Contract as well as to request compensation for the damage suffered.

15. Applicable law and jurisdiction

• These General Conditions and the Contracts are governed by Italian law.
• All disputes deriving from or even connected to these General Conditions, as well as to the Contracts will be devolved to the exclusive jurisdiction of the Court of Rome

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Pursuant to and for the purposes of articles 1341 and 1342 of the civil code, the Purchaser declares to have carefully read the General Conditions and to expressly approve the following clauses:

art. 8.4  (J & S disclaimer for failed or delayed delivery); art. 8.4 ( exclusion of liability of J & S for damage or loss of the Products or for delay in delivery by the carrier); art. 8.6 ( terms for reporting defects or apparent discrepancies of the Products) ; art. 8.7  (terms for reporting hidden defects or discrepancies of the Products); art. 9  (force majeure); art. 10  (limitation/exclusion of liability of J & S); art. 15.2  (competent court).