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Importazione e distribuzione componenti elettronici, materiale elettrico ed elettronica | Scopri qui
1.1 These general conditions apply to all contracts concluded by ELCART Distribution S.p.A. , with headquarters in Cologno Monzese (MI), Via Michelangelo Buonarroti 46, C.F 04229590155, VAT no. 02720410964, REA n. 997924 (hereinafter "ELCART") for the sale of its products (hereinafter, the "Products" or the "Product"), regardless of the methods of negotiation and stipulation of such contracts.
1.2 Any derogation or modification to these general conditions, as well as any further conditions, will be valid only if agreed in writing or via electronic transmission between ELCART and the purchaser of the Products (hereinafter the "Customer").
1.3 These conditions will prevail over any general purchase conditions prepared by the Customer.
1.4 The Customer guarantees that the purchase of ELCART Products takes place for exclusively professional purposes, i.e. relating to its business activity. The relationship between ELCART and the Customer will therefore not be governed by consumer protection regulations, including, in particular, Legislative Decree no. 206/2005 (Consumer Code).
2.1 The parties renounce the right to contest the validity of contracts concluded by electronic transmission.
3.1 In order to conclude the contract, the Customer must send to ELCART, in writing or electronically, the orders, indicating the codes of the ELCART items of interest, with the relative quantities. Only reference to the item code will be taken into account and not to any notes or descriptions. The quantities must, strictly, be equal to or multiples of the minimum quantities indicated in the catalogue. In the event orders are received with quantities lower than those indicated above, ELCART will be deemed authorized to process them by providing the minimum package or the relevant multiples.
3.2 In the event that the negotiation and sale takes place with the aid of the EXTRANET "GEOS" computer network owned by ELCART, the Customer must complete the order form on the "GEOS" website and send it to ELCART, following the instructions contained therein. Sending the order is equivalent to acceptance of these conditions of sale.
3.3 The Customer's order is considered as a contractual proposal, since the ELCART paper catalog and/or the GEOS website have an informative function and are therefore to be considered as invitations to offer.
3.4 The contract is considered concluded when, following the Customer's order, Elcart's order confirmation containing information such as the item code, quantity, price, any currency link and the relevant delivery date, is makes it available in the area. GEOS accessible via extranet, or by sending a written confirmation.
4.1 Without prejudice to the provisions of Legislative Decree 196/2003, ELCART undertakes to adopt reasonably adequate and commonly used security measures to guarantee the protection of electronic messages against risks of unauthorized access, tampering and destruction.
4.2 The password to access the GEOS network, provided by ELCART to the Customer, is strictly personal and reserved for use by the Customer, who must immediately report to ELCART any theft, loss or loss of confidentiality thereof, holding himself in this case directly responsible for any damage, of a financial or non-pecuniary nature, may arise to ELCART.
5.1 ELCART may store in a chronological register the messages coming from the Customer in their entirety and in the format in which they were transmitted.
5.2 Means of proof the recordings containing the messages are admissible in court and form, in the event of a dispute, full proof of the facts represented in them.
6.1 For orders deemed special by Elcart and which must be ordered expressly for the Customer, a form with a ban on cancellation will be sent which must be signed by the Customer in order to proceed with the procurement.
7.1 ELCART reserves the right to make any changes to its catalogs and, consequently, to the Products marketed by it, which may become necessary or appropriate. The Customer hereby renounces any exception in this regard.
7.2 The technical information contained in the catalogs reports the data published by the manufacturers. Therefore, ELCART reserves the right to modify such data in accordance with what will be communicated by the manufacturer.
8.1 ELCART estimates that the Customer may request from the latter are effective for a maximum period of 30 days, without prejudice, however, to ELCART's right to revoke the estimates even before this deadline. If the Customer does not formalize the order within this period, the estimates, unless otherwise agreed, are deemed to have expired. These estimates are always intended to verify the availability of the warehouse and are subject to variations due to unforeseen and unforeseeable events, such as fluctuations in currency exchange rates, customs measures, changes in customs duties and other unforeseen causes occurring between the time of issue of the ELCART quote and order from the Customer.
9.1 The Customer undertakes to purchase the product by CLEARLY indicating the description of the item in all its parts, or by indicating the relevant Elcart code in the minimum packages and/or related multiples provided.
9.2 As regards the Customer's order, the price indicated must be confirmed in WRITING by Elcart.
9.3 In the event that the price of the product is subject to a CURRENCY LINK, the relevant tie will be communicated in WRITING by Elcart.
9.4 In the case of a product linked to the currency, the exchange rate that will be invoiced will be that of the date of the bill (SOURCE: IL SOLE 24 ORE).
9.5 As regards the delivery date requested by the Customer, it must always be CONFIRMED IN WRITING by Elcart, furthermore whatever the confirmed date is always EXCEPT FOR UNEXPECTED circumstances.
9.6 Elcart has the right to partially fulfill the Customer's orders, depending on the availability of the Products in stock, without this constituting a default on the part of Elcart.
10.1 The Customer, for the products requested, will pay Elcart the prices in force at the time of purchase, as indicated in the GEOS program via Extranet, or via written confirmation.
10.2 Payments must be made by the Customer within the times and in the manner agreed with ELCART. Any bank charges or commissions due in connection with the payment will be borne by the customer.
10.3 In case of delay in the payment of ELCART invoices, the Customer will be required to pay default interest pursuant to and for the purposes of articles 4 and 5 of Legislative Decree no. 231/2002.
10.4 The Customer will not be able, pursuant to art. 1462 of the Civil Code, to raise objections in order to avoid or delay the payment of ELCART invoices. In particular, under no circumstances may the Customer refuse or delay payment for the Products delivered to him based on an order, even if only partially executed.
10.5 The minimum order amount is 500 Euros.
11.1 Deliveries relating to the Customer's purchase orders, within the limits of the availability of the ELCART warehouse, will be made by courier.
11.2 The Products are considered delivered to the Customer with remittance to the courier for transport. From that moment ELCART is freed from the risk of destruction and/or damage to the Products.
11.3 In the absence of particular provisions from the Customer, ELCART will use the means of transport deemed most suitable.
11.4 Without prejudice to the fact that the Products travel at the Customer's risk, the latter will have the burden of verifying at the time of delivery by the carrier that the gross weight and quantity of the Products delivered (even in the case of complete pallets) corresponds to what is indicated in the relevant transport documents. The Customer must also verify the integrity of the Products delivered to him by the carrier. If there are discrepancies or breakages in the goods, the Customer must place a written reservation on the carrier's receipt or send a complaint by registered mail/fax/certified email to the courier within 7 days of the date of the receipt. After this period, he/she will no longer be able to make a complaint.
11.5 In the event that the shipment is carried out carriage forward (by means of the Customer's courier, recipient or railway), ELCART will not be liable for any theft, breakage or tampering of the goods. It will be the Customer's sole responsibility to take action against the carrier who carried out the shipment.
11.6 In the event that the shipment is carried out carriage paid via ELCART's usual courier, the latter will be liable for any theft, breakage or tampering, provided that the Customer makes a written reservation on the courier's receipt or sends to the same courier claim by registered mail or by fax/certified email, within 7 days from the date of delivery. Failure to comply with these conditions will automatically forfeit the Customer's right to compensation for goods stolen, broken or tampered with during transport.
11.7 Transport costs are the sole responsibility of the Customer. The delivery terms of the Products agreed with ELCART are indicative and depend both on warehouse availability and on force majeure events such as, by way of example, strikes (including company strikes), measures by the authorities, natural disasters, etc. ELCART will not be responsible for any direct or indirect damage caused by untimely deliveries.
12.1 ELCART guarantees to the Customer the conformity of the Products to the technical specifications indicated in the catalog in force at the time of placing the purchase order, also taking into account the periodic updates of the catalog or the "errata corrige" constantly inserted on the website www. ELCART.com. In particular, the technical characteristics indicate the parameters with which the customer is required to comply when using the Product, especially with reference to its safety. The dimensions and other physical characteristics of the Products are subject to normal tolerances in use.
12.2 Any further guarantee is expressly excluded and, in particular, any guarantee for particular specifications or technical characteristics of the Products and/or for their suitability for particular uses not specifically indicated in the ELCART technical documentation. It remains the Customer's sole responsibility to verify, in advance, the suitability of the Product for the specific use to which he wishes to allocate it, as well as its compatibility with other equipment and/or services provided by third parties.
12.3 Any complaints relating to the external characteristics of the Products or their packaging which are not attributable to damage resulting from transport (apparent defects) must be notified in writing to ELCART, under penalty of forfeiture, within 7 (seven) days from the date of delivery by part of the carrier of the Products to the Customer. Any complaints relating to defects not identifiable through diligent inspection upon receipt (hidden defects) must be notified to ELCART in writing, under penalty of forfeiture, within 7 (seven) days from the date on which the Customer discovered or should have discovered the aforementioned occult vices. In any case, the action is barred within one year from the date of delivery of the Products to the Customer by the carrier.
12.4 No Product may be returned by the Customer without the prior written authorization of ELCART; this authorization will not imply in any case any recognition of the reported defects.
12.5 Said Products must arrive at the ELCART warehouse accompanied by a document which must indicate the details of the invoice relating to each individual Product for VAT purposes pursuant to art. 26 of the Presidential Decree 633/1972 paragraph 3. Under no circumstances will returns of materials be accepted if they are not returned intact, in their original packaging, intact, and without stickers or labels other than the original ones. Shipping costs will always be borne by the Customer.
12.6 ELCART, if the complaint is well founded and the Product has not been modified or tampered with, may replace the disputed Product.
12.7 By stipulating the contract or the contracts covered by these general conditions, the Customer assumes the responsibility of being aware of all legal limitations and safety regulations relating to the use of the Products ordered. Therefore, without prejudice to the cases of willful misconduct or gross negligence of ELCART and without prejudice to the provisions of articles 114 to 127 of Legislative Decree 206/2005, the Customer will not be able to raise any claim against ELCART for injuries to persons and/or or for damages of any kind, direct and/or indirect, pecuniary and/or non-pecuniary caused by the Products or their use.
12.8 If the Products are resold by the Customer to final consumers and are therefore qualified as consumer goods, as defined by the articles. 128 et seq., of Legislative Decree 206/2005, the Customer expressly renounces the right of recourse referred to in the art. 131 of Legislative Decree 206/2005 against ELCART.
13.1 The Customer acknowledges and accepts that, as a result of the Customer's adherence to these general conditions, in no case shall the Customer be deemed to have the faculty or right to use the industrial property rights (such as distinctive signs, insignia or trademarks) of of which ELCART is the owner.
13.2 The Customer is absolutely and categorically prohibited from reselling the Products with a name or brand different from those used by ELCART or from placing them on the market in containers and/or packaging different from those received from ELCART. Furthermore, the Customer may not register or have registered any trademark, name or distinctive sign that could be confused with the ELCART trademark and/or with the Product trademarks.
14.1. Personal data are processed pursuant to and for the purposes of art. 13-14, EU Reg 2016/679 European Regulation on the protection of personal data (See Information on personal data).
15.1 ELCART reserves the right to terminate the contract with the Customer with immediate effect pursuant to art. 1456 of the Civil Code, by simple written communication, in the occurrence of one of the following circumstances:
I) failure by the Customer to pay any of the ELCART invoices, in the manner and within the deadlines due;
II) return of Products by the Customer without the prior written authorization of ELCART;
15.2 It is however understood that the sales contract stipulated by the Customer with ELCART is intended to be terminated ipso iure, without the right to refunds or compensation, in the event of bankruptcy, composition with creditors and controlled administration to which the Customer is subjected, or in the event that the Customer becomes insolvent or has financial conditions such as to place the exact fulfillment of the services deduced in this contract in clear danger or, finally, is subjected to liquidation.
15.3 The Customer may not assign the contract without prior written authorization from ELCART.
16.1 Without prejudice to ELCART's right to terminate the contract pursuant to the previous article 15.2, the latter may suspend deliveries of the Products in whole or in part, if the financial conditions of the Customer have become such as to place the achievement of the fee referred to in art.10.4. In particular, the following circumstances are indicated by way of example:
I) previous defaults by the Customer;
II) registration of the Customer in the protest register or subjection to enforcement procedures;
III) subjection of the Customer to insolvency or liquidation procedures.
17.1 The sales contracts governed by these general conditions are governed by Italian law. The parties expressly exclude the application of the United Nations Convention on the International Sale of Goods (Vienna 1980).
17.2 For any dispute arising from the interpretation and execution of the contracts governed by these general conditions, the Court of Monza will have exclusive jurisdiction.
18.1 All communications to ELCART, unless otherwise indicated, must be addressed to the following addresses:
Return communications: ELCART Distribution S.p.A., Via Michelangelo Buonarroti 46, 20093 Cologno Monzese (MI).
Communications by fax: 02-25117500
Communications by email: info@elcart.it
19.1 ELCART, for the purposes of art. 1341 c.c. has deposited the original of this document at its registered office, in Cologno Monzese, at Via Michelangelo Buonarroti 46.
19.2 ELCART has made these general conditions known by also publishing them in its catalog and on its sites.
19.3 Reproduction and storage of these general conditions in the Customer's computer system is permitted.
The ELCART company declares that, in compliance with the principles of professional correctness, the brands, photos and compositions of others indicated in this catalog are used solely for the purpose of illustrating the destination of our components in relation to the "finished" products made by the owners of these brands. Therefore, the use of others' trademarks, photos and compositions is done only for a descriptive purpose and not as a trademark, with the aim of not infringing the industrial property rights of the owners of the aforementioned trademarks, photos and compositions. The titles and texts, illustrations and compositions contained in this volume are protected pursuant to law 22 April 1941 N°633 and law 1485 of 14 February 1942 on copyright. Anyone who therefore unlawfully reproduces them in whole or in part will be prosecuted under the current criminal and civil provisions. The characteristics and dimensions shown in the catalog are not binding and can be modified without notice.