GENERAL TERMS AND CONDITIONS OF SALE
The General Terms and Conditions of Sale govern the sale of goods and/or services sold or supplied by MOTADD SAS, referred to herein as "Seller", while the purchaser is referred to herein as "Buyer", who can be a Consumer or a Dealer.
Some of the topics that will follow will have different regulations depending on whether the Buyer is a Consumer or Reseller, always observing European directives or in the absence of national laws.
A consumer pursuant to these General Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A Dealer pursuant to these GTC is any natural or legal person acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
An agreement is only concluded when an order is confirmed in writing by the Seller and containing (a reference to) these General Terms and Conditions of Sale. Buyer's order is only accepted upon the following terms and conditions. If the terms stated in Buyer's order are inconsistent with these terms this shall constitute a counteroffer and Buyer shall be deemed to have accepted Seller's terms unless it notified by Seller to the contrary in writing within 3 days after receiving seller acknowledgment.
These terms and conditions furthermore apply to any other agreement concluded between Seller and Buyer. No addition to or modification of any of the terms and conditions hereof shall be effective unless made in writing and signed by both parties. These General terms and conditions of sale constitute the entire agreement between the Seller and Buyer for the purchase order and sale of the goods and/or services identified on Seller's acknowledgement of Buyer's purchase order and supersede all other proposal and quotations.
The parties agree that even if these General Terms and Conditions do not accompany every product sold by Seller, these General Terms and Conditions of Sale shall govern all sales made by seller until such time as new terms and conditions are provided by the Seller to the Buyer.
The Seller reserves the right to change terms and conditions of sale at any time, the current version is published at www.motadd. com.
OFFERS, QUOTATIONS, PRICES
Unless explicitly agreed otherwise, all offers made by the seller are in all respects free of obligation until the order is confirmed by Seller. All the information that occurs in Seller catalogues prospectus price lists and any other source are only given as information.
The overall total indicated in the order confirmation by the Seller represents the total price that must be paid by the Customer.
All prices are "Ex-Works" prices. The prevailing price is the one published on the online shop at the time of orders confirmation, the indicated prices are in Euro currency (€). The prices visible on the website www.motadd.com include VAT, any recycling costs and taxes on copyright.
When the Dealer logs in as a registered Dealer in the online shop, the displayed prices will be VAT INCLUDED. The net purchase price for Buyers is automatically calculated following Barracuda's "Commercial conditions".
The Seller tries to avoid mid-year price changes but reserves the right to adjust prices at any time, for any reason or cause, without prior notice.
Shipping cost depend on products and delivery method chosen by the customer among those offered. The shipping cost, packaging, eventual transport insurance will be billed separately and charged to the Buyer unless otherwise agreed. For extra EU deliveries, the Buyer agrees to pay, if necessary, all the taxes that may be required by the country of delivery, including value added tax, any customs duties and other contributions that can be applied to products.
Unless otherwise agreed in writing between the Seller and the Buyer, the payment methods provided will be as follows:
Cash on delivery available for shipments within the Italian territory only;
Credit card Visa/Mastercard, safe payments by credit card will automatically be charged within 24 hours whether the product is shipped or not;
Paypal: payments are made directly on the PayPal site through encrypted pages thanks to the TLS (Transport Layer Security) protocol. For payments made with Paypal;
Bank Transfer: payment through the National, European SEPA and International banking circuit, remembering to enter the order number or order reference in the payment reason.
The order will be processed only after the full amount has been credited to Serller's bank account.
The Seller reserves the right to change the payment conditions at any time, for any cause or reason, with prior notice.
RETENTION OF TITLE
All products that have not fully paid remain entirely Seller's property. The property of the Seller: in this case, any advance payments will be used for expenses and for lost profits. In the event of non-payment, the Seller is always entitled to recover the products from the Buyer. In this eventuality, the Seller will declare in advance and by registered letter that the Buyer is insolvent and will grant a term of seven days.
Orders must be placed by the Buyer exclusively through the website www.motadd.com, after creating an account, registering on the site, reading the conditions of sale and accessing; except in cases where the Seller has explicitly and in writing agreed special agreements with the Buyer.
The buyer has the right to access the site for consultation and to place orders. No other use, in particular commercial, of the site or its content is permitted. The Site, as well as the software, databases, texts, information, images, photographs, graphics, logos, sounds or other data contained on the Site remain the exclusive property of MOTADD SAS.
The Sales Contract will be considered concluded, becoming binding for the parties, when the Seller's Order Confirmation reaches the Buyer (via e-mail, fax, mail). On the website, by clicking on the "confirm order" button, the sales contract will be concluded and become binding for the parties.
The Order Confirmation sent defines and reports all the conditions and the final and binding contents of the Contract, replacing the Order sent by the Buyer in full. The Order Confirmation and these general terms and conditions will in any case prevail over any general or particular purchase conditions prepared by the Buyer.
Any changes to the confirmed order, required by the Buyer, are subject to approval by the Seller and must be received promptly in order to allow the relative changes to be implemented also with regard to the organization and production. In this case the Seller reserves the right to delay delivery times and change the prices.
The availability of the products refers to the actual availability at the time when the Buyer carries out the order. This availability must however be considered purely indicative as:
the products could be sold to other customers before confirming the order, due to the simultaneous presence on the site of multiple users;
an IT anomaly could occur which would make a product available for purchase which is not actually available.
Even after sending the order confirmation e-mail sent by the Seller, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically corrected with the elimination of the product or products not available and the buyer will be informed by e-mail; with this e-mail the Buyer will also be informed of the methods and timing of reimbursement of any sums paid.
The Seller is at any time authorized to cancel or to not perform a confirmed order, for any reason or cause.
The seller assumes no responsibility for seeking and retrieving unavailable products from other sources.
For all shipments, regardless of destination, the economic breakdown of expenses and the place where the transfer of ownership of the goods takes place will follow the Ex-Works rules (Florence, warehouse of the Seller) according to international commercial terms.
The Buyer declares himself available to also receive partial shipments.
All shipping and delivery dates proposed by the Seller represent only an estimate and are in no case binding. In this event, the Buyer will not be able to oppose any exception or claim any right to any compensation or price reduction depending on the delay or failure to execute the order.
If it is impossible, for any reason or cause, to supply the product in whole or in part on schedule, the Seller will promptly notify the buyer in writing, including by e-mail, also indicating the presumed delivery date.
The return / storage / new dispatch of the shipment due to the incorrect indication of the delivery address by the customer, may be subject to a commission charged to the customer.
Buyer is responsible for all the expenses incurred by Seller because of such cancellation, or a minimum cancellation charge of 25% of the order value, whichever is greater.
Subject to clause "PRODUCT BUILT TO BUYER'S SPECIFICATION" of these terms and conditions, cancellation of the orders by Buyer can only be made with Seller's prior written consent.
In case of force majeure the delivery commitments and other obligations of the Seller are suspended. In this case Seller is only obliged to deliver as soon as it becomes possible. Neither party shall have any liability to the other in case of force majeure. For the purpose of this agreement force majeure means: unforeseen circumstances persons and/or materials which render the executions of the agreement impossible for the Seller, or so extremely difficult or expensive that a prompt observance of the present contract cannot be demanded of the Seller. As such circumstances are considered amongst others, but not limited: measures taken by the government, breakdowns, traffic and/or transport problems, disturbances in the delivery of finished products, raw materials and/or auxiliaries, strikes, lock-outs, hindrances by third persons, for both parties unforeseen technical complications, etc.
PRODUCT BUILT ON BUYER'S SPECIFICATION
Seller and Buyer may agree that Seller shall build products to Buyer's specifications. If such is the case Seller and Buyer Shall mutually agree in writing the specific details of such agreement. These General Terms and Conditions remain however applicable to any such agreement. Furthermore buyer shall irrespective of such more specific agreement – always be responsible for all expenses incurred for tooling or related to ordering of raw materials, components or other parts and any other commitments entered into by Seller even during the preparatory phase when no firm order is placed yet by buyer. Buyer is not enabled to cancel any single order such customized products without Seller's prior written consent and always only under obligation to fully reimburse the Seller for all expenses incurred by seller related to the order and cancellation thereof. Buyer shall furthermore be obliged to purchase and pay for all customized products that are produced by Seller in accordance with separate agreement or produced by Seller at its sole reasonable determination in case of absence of such separate agreement.
ENGINEERING – DESIGN – INTELLECTUAL PROPERTY
Seller reserves the right to make design, specifications and/or engineering changes to its products without prior notification to Buyer. Title to, and full and unrestricted ownership and right to use all designs, specifications and engineering information provided by Seller shall at all times be and remains vested in Seller. MOTADD has not verified the possible existence of third party intellectual property rights which might be infringed as a consequence of the sale and delivery of the products and MOTADD shall not be held liable for any loss or damages in that aspect. Buyer expressly assumes all risks of any intellectual property infringement by reason of its importation and/or use of the products.
WARRANTY and RETURN – DEFECTIVE PRODUCTS
The Seller undertakes to guarantee the products sold to the direct transactional Customers of MOTADD SAS for a maximum period of twenty-four (24) months, starting from the date of Buyer's purchase. All secondary customers of these products and parts must submit warranty claims with their direct suppliers.
The warranty right will be recognized only by showing the relevant proof of purchase: invoice or purchase receipt.
CASES OF EXCLUSION FROM THE WARRANTY AND RETURN: All damages or defects caused by external effects such as electric shocks, lightning, natural disasters, wear and tear, corrosion , intervention on the product of third parties or of the customer itself, non-observance of operating instructions indicated by the manufacturer are excluded from the warranty , incorrect use or incorrect installation, tampering. Some of the products offered have a purely specific use, the Seller will not be liable for the warranty in the event of non-compliant use or incorrect installation. Software repairs are excluded from any warranty claims.
ATTENTION: the guarantee for electric / electronic devices (such as indicators) will be valid only if their installation has been carried out correctly according to the instructions provided on www.motadd.com and only if installed with all the original MOTADD supplementary products.
1) The Buyer can exercise his warranty rights by contacting the Seller directly, preferably to the dedicated email firstname.lastname@example.org.
If the defect of the product is not one of the cases of exclusion from the warranty (read above) , the customer will receive written authorization to return the product to the Motadd site for a thorough technical check by the technical office. Any costs incurred for the return (shipping and any other) will be borne by the buyer and will be reimbursed only if the Seller's technical verification is successful and therefore only when the warranty claim is accepted.
If it is already clear that the defect falls within the cases excluded from the guarantee, the request will not be taken into consideration.
No goods may be forwarded back to Motadd without the prior written authorization by the latter. Products returned without the Seller's prior approval are not accepted and will be sent back at the sender's expense.
This authorization does not imply any liability, whether direct or indirect, apparent or hidden of MOTADD and do not suspend in any event the payment owned by the Purchaser at the date they are due.
The burden of proof of any manufacturing faults lies with the buyer.
2) The technical verification will be performed by the Seller after receipt of the goods at the latter's operational headquarters. This technical verification is designed to verify the validity of the Customer's warranty request. The Customer will be informed about the outcome of the technical verification by email:
In case of acceptance of the warranty request, the customer will be informed by email and will make arrangements with the Technical Department of the Seller to receive the goods replaced under warranty;
If, from the technical appraisal of the product, it should be deduced that the damage was caused by one of the effects listed in the warranty exclusion or other objective reasons, it will not be possible to recognize the warranty and therefore replace the product. The Customer undertakes to take back the unrepaired product and bear the costs of shipping or disposal costs. In no case can the Customer have the product repaired by another company at Motadd's expense.
If the product could no longer be replaced, the Seller reserves the right to deliver a similar product to the customer in replacement of the one previously purchased or to credit it in the form of a voucher for the same value as the defected product in compensation of warranty claims. Through the repair or replacement of a product, the duration of the warranty is neither interrupted nor extended.
NON-DEFECTIVE PRODUCT RETURN
Exchange and return of non-defective products in accordance with the contract are not allowed and are possible only in exceptional cases and with the explicit and written consent of the Seller.
In the case of goods incorrectly sent by MOTADD , the collection of the goods incorrectly sent and the shipment of the correct product will be the latter's expense and risk.
The Buyer is obliged to check the completeness and accuracy of the product received and in the event of defects or shipping errors must notify the Seller in writing at the latest 2 days after delivery. Otherwise the shipped product is considered accepted.
The products must not be used, washed or damaged; therefore, they must be kept with normal diligence and returned intact, perfectly suitable for the use they are intended for and without any sign of wear or dirt, complete in all their parts, accompanied by all accessories and leaflets, with tags identifiers, labels and disposable seals, where present, still attached to the products and intact and not tampered with. In compliance with the provisions of art. 59.1; e) of the Consumer Code, the right of withdrawal is not exercisable in relation to the Products whose packaging has a seal that has been opened after delivery.
WITHDRAWAL – (FOR CONSUMERS ONLY)
Right of withdrawal
Purchases made on www.motadd.com site are governed by Italian law on mail order sales. In the event that the customer has the wrong order and have received an item that you really did not want to, can exercise the right of withdrawal, or will have the opportunity to return the purchased product, within 10 (ten) days from the date of receipt of goods .
- In accordance with Art. 64 et seq. DLT 206/2005, the Customer consumer, ie natural person acting for purposes outside his trade, business, craft or profession, has the right to terminate the purchase contract for any reason and therefore has the right to return the goods purchased and to obtain reimbursement of expenses incurred, in accordance with the procedures indicated below.
- The right of withdrawal is subject to the following conditions:
• a) The law applies to the product as a whole and not parts or components of it;
• b) in the case of transactions in the money or combined sales promotions, in which the purchase of an asset is associated with another well, in that case sold at a nominal price or given away, the right of withdrawal will be legitimately exercised with the return of both the purchased goods as the goods are bound to themselves.
- To exercise the right of withdrawal, the customer, without explanation and without penalty, must be sent within 10 (ten) days from the day of receipt of goods, a communication setting is indicated a willingness to withdraw from the contract purchase. Such notice shall be sent to the attention of GSEMOTION by registered letter A / R with acknowledgment of receipt, addressed to MOTADD SAS with headquarters in Via Odorico da Pordenone, 34 - 50127 Firenze (FI) Italy.
- Contemporaneously with the filing of the notice of withdrawal, the customer must take steps to return the goods to MOTADD SAS, using a courier of their choice, with attached printing certified mail message or a copy of the registered A / R as indicated above.
- The goods must be returned in perfect condition and carefully packed in original packaging, complete with all accessories or component. By law, the shipping costs for return of the asset are charged to the customer. In the case of most property pertaining to the same order, in relation to which the customer has exercised his right of withdrawal, the same must be sent to MOTADD SAS a single shipment.
- The MOTADD SAS not responsible in any way for damage, theft or loss of goods returned by uninsured shipments. The MOTADD SAS will refund the price of the asset for which the customer has exercised his right of withdrawal, provided the goods are perfectly intact and unused.
Without prejudice to any repair costs for damages, the MOTADD SAS will refund the full amount paid by the customer at the time of purchase of the property, within 30 days from the date on which MOTADD is learned about the right of withdrawal , provided that the goods were shipped in the manner described above, by crediting the amount to be refunded to the credit card of the customer or by bank transfer on CC if requested, provide IBAN.
- The right of withdrawal is automatically lost in cases where it is established:
1) the lack of packaging and / or original packaging;
2) the absence of all integral elements of the well (accessories, tags, labels, informative notes, etc.);
3) the product is damaged for causes other than its transport;
4) the use of the product;
- In case of forfeiture of the right of withdrawal, the MOTADD SAS will return to sender the property purchased and already in his possession, charging the same shipping costs.
- The MOTADD SAS informs that the right of withdrawal shall not apply to goods expressly modified or made on customer's request. Ne of products defined order, because it is not standard, they are not normally kept in stock by MOTADD SAS. This condition occurs whenever the Site order form www.motadd.com is the "made to order." These goods ARE NOT SUBJECT TO THE RIGHT OF WITHDRAWAL, as products on specific request of the customer or for personal needs.
This Warranty gives you specific legal rights as above described. In addition, consumer's rights are protected where applicable, following European Directives or, in absence of, National laws.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the extent permitted by applicable law, in no event shall MOTADD be liable for any damages whatsoever, including without limitation, loss of time, inconvenience, expenses, such as telephone calls, labor or material charges incurred in connection with the removal or replacement of the products or parts, special, incidental, consequential, or indirect damage for bodily injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss, arising out of the use of or inability to use the defective products or parts, even where advised of the possibility of such damages. In Any case MOTADD 's entire liability under any provision of this limited warranty shall be limited to the amount actually paid for the products or parts.
APPLICABLE LAW AND JUSRISDICTION
All legal transactions between Motadd and the Buyer are subject to Italian law.
These General Terms and Conditions of Sale, as well as every agreement which is subjected to the provisions thereof, shall be exclusively governed and must be construed interpreted and enforced according to Italian law, excluding principles of conflict of laws. The only exclusively competent court to settle any dispute is the court of Florence.
Registered office and Operational Headquarters:
Via Odorico da Pordenone 34