Terms of Service SoftTech Store
Rules governing the sales conditions
1.ACCEPTANCE OF GENERAL CONDITIONS
3.INTERMEDIARIES AND AGENTS
4.FULFILMENT OF CONTRACT, DELIVERY AND COLLECTION OF PRODUCTS
5.DELIVERY TERMS AND CONDITIONS TO FILL AN ORDER
6.GUARANTEE OF SUPPLIER AND/OR HOLDER OF PRODUCT NAME
7.COMPLAINTS ABOUT INVOICING
8.LIMITATIONS OF RESPONSIBILITY
10.RIGHT OF OWNERSHIP
11.TERMS OF PAYMENT
13.FAILURE TO PAY
14.PLACE OF JURISDICTION AND LAW APPLICABLE
1. ACCEPTANCE OF GENERAL CONDITIONS
1.1 The general sales conditions hereunder govern all relations between Soft Tech Ing. Riccardo Stagnaro and the Client unless expressly changed to special terms agreed in writing.
1.2 The general conditions hereunder as all successively changed special terms are accepted by the Client even if they differ from the general or particular purchase Client’s conditions. The latter will be accepted by Soft Tech Ing. Riccardo Stagnaro only if expressly agreed in writing.
2.1 Unless different contractual terms are envisaged, Soft Tech Ing. Riccardo Stagnaro’s offers and price lists are meant those available to the various categories of clients, they can be changed by Soft Tech Ing. Riccardo Stagnaro without notice.
2.2 Even if orders are confirmed , their acceptance is subject to eventual rises in prices by the suppliers or caused by circumstances out of Soft Tech Ing. Riccardo Stagnaro’s responsibility. In a case like this Soft Tech Ing. Riccardo Stagnaro reserves the right to increase the sale prices quoted to the Client in line with the percentage increase of invoiced supplies.
2.3 In case between the date of the order confirmation and the date of the actual delivery the price increase amounts to more than 10 (ten) per cent, the Client will be informed and will have the right to cancel the order giving notice in writing within 5 (five) days.
3. INTERMEDIARIES AND AGENTS
3.1 Soft Tech Ing. Riccardo Stagnaro are not bound to accept intermediaries’ and agents’ engagements. Their offers are to be intended subject to the approval of Soft Tech Ing. Riccardo Stagnaro. Soft Tech Ing. Riccardo Stagnaro keeps the right to refuse an order until it is confirmed or commenced to be fulfilled in accordance with Art. 4.1.
4. FULFILMENT OF CONTRACT, DELIVERY AND COLLECTION OF PRODUCTS
4.1 The contract is fulfilled after the confirmation by Soft Tech Ing. Riccardo Stagnaro of the order issued by the Client or with the commencement of its execution. In both cases the products are to be intended as received and accepted by the Client when stored at Soft Tech Ing. Riccardo Stagnaro premises. From this very moment the Client is responsible for them subject to the Right of Ownership reservation as per Par. 10.
4.2 If the goods successively to being sold are moved to different premises, they travel entirely at the customer’s risk, even if the sales delivery terms were “carriage paid”. All eventual complaints or reservations about the conditions of the delivered goods have to be addressed to the forwarding agent by registered mail to be sent within 48 hours from the delivery of the goods.
5. DELIVERY TERMS AND CONDITIONS TO FILL AN ORDER
5.1 Delivery terms are indicative only and not legal.
5.2 Every order or delivery is to be considered legally different from any other order or delivery.
5.3 Soft Tech Ing. Riccardo Stagnaro reserves the right to carry out an order delivering in partial consignments. Should the Client wish to refuse partial consignments of the goods, he is required to confirm this beforehand in writing.
5.4 Soft Tech Ing. Riccardo Stagnaro reserves the right not to accept a Client’s order with a required delivery of the ordered goods to be completed in one single delivery. In this case the acceptance of the order by Soft Tech Ing. Riccardo Stagnaro is to be considered valid only if confirmed in writing.
5.5 Should the delivery of the ordered goods incur into unforeseeable problems or increases of costs for which Soft Tech Ing. Riccardo Stagnaro are not responsible, they will keep the right to consider the contract as fulfilled by means of a single communication in writing.
5.6 Subject to a specific written contrary agreement the fulfilment of the order by Soft Tech Ing. Riccardo Stagnaro beyond the indicative delivery terms will not give the Client any right to withdraw from the contract unless the delay is such as to represent a serious contractual breach.
5.7 Should the Client wish to resolve the contract due to a delivery delay, he will have to solicit Soft Tech Ing. Riccardo Stagnaro in writing to fill the order or the part of the order not yet filled, within a fair delivery time not less than 15 days long. Should Soft Tech Ing. Riccardo Stagnaro have not carried out the delivery in the granted time, the contract is to be considered as ended.
5.8 Unless the Client has beforehand confirmed his intention to accept the total fulfilment of the order only in accordance with Art. 5.3, in no legal way will the Client have the right to refuse or delay the payment of the goods delivered on the basis of an order only partially carried out.
5.9 Soft Tech Ing. Riccardo Stagnaro keeps the right to refuse any return of goods delivered. Subject to a beforehand expressed acceptance in writing by Soft Tech Ing. Riccardo Stagnaro, any return will ever be accepted unless in good original state, in its own original packing, without any labelling different from the original one or scratches. A return number (RMA) obtained from the Customer Service will have a validity of 15 days from the release date and will have to be clearly indicated on the packing when returning the goods. Once the return time expires the return number (RMA) will not be valid any more and the return goods will not be accepted any more. Return forwarding costs will always be borne by the Client. Soft Tech Ing. Riccardo Stagnaro reserves the irrevocable right to refuse the goods returned totally or partially in the following cases: missing or opened packing defective goods returned goods with clear tampering in respect of its original state.
6. GUARANTEE OF SUPPLIER AND/OR HOLDER OF PRODUCT NAME
6.1 The parties accept that Soft Tech Ing. Riccarto Stagnaro are a Company trading goods produced by third parties. Therefore the guarantee for the good working of the products delivered by Soft Tech Ing. Riccardo Stagnaro is limited by the warranty granted by the manufacturer and/or owner of the product name.
6.2 If and only within what envisaged by the guarantee of the manufacturer and/or owner of the software product marketed by Soft Tech Ing. Riccardo Stagnaro and in presence of verifiable material faults of the product, Soft Tech Ing. Riccardo Stagnaro will arrange for the replacement of the faulty components. The validity of this latter guarantee is however strictly subject to the proper handling of the product supplied as specified in the catalogues, instruction manuals and usage handbooks put at disposal of the user.
6.3 Complaints about the goods delivered by Soft Tech Ing. Riccardo Stagnaro to the Client have to be addressed by fax, e-mail or registered mail to Soft Tech Ing. Riccardo Stagnaro within 8 (eight) days from receipt of the goods attaching the copies of the delivery note, invoice or other documents by clearly explaining the reasons of the complaint. Once this term has expired, the complaint will not be accepted any more.
6.4 Soft Tech Ing. Riccardo Stagnaro cannot altogether guarantee that the products delivered match the specific requirements of the user’s activity.
7. COMPLAINTS ABOUT INVOICING
7.1 Eventual complaints about invoices issued by Soft Tech Ing. Riccardo Stagnaro have to be sent to Soft Tech Ing. Riccardo Stagnaro by registered mail within 10 (ten) days from receipt of the invoice. Failing this timing invoices have to be considered as accepted without reservation.
7.2 No complaint can in any case justify a delayed or missed payment
8. LIMITATIONS ON RESPONSIBILITY
8.1 Should Soft Tech Ing. Riccardo Stagnaro be considered responsible for the partial or total non-fulfilment of their own obligations of the contract, the total compensation due to the Client will not exceed in any case 10 (ten) per cent of the price of the damaged goods.
9. SOFTWARE RIGHTS
9.1 The rights for the software sold by Soft Tech Ing. Riccardo Stagnaro remain property of the designers and/or name owners of the software rights who agree to allow the user a usage licence only. All software rights are reserved and it is absolutely prohibited to the Client to allow third parties to use these rights, to grant their licence, loan them or dispose of them at any free of charge or paid title.
9.2 The Client commits himself not to remove or change what showed about the rights on the material supports of the programmes and on the instruction manual, and modify the products by making use of them only in legal and/or legitimate ways.
9.3 Moreover the Client commits himself to maintain the products with due diligence by strictly applying all producer’s or seller’s indications. In particular, the Client is required not to counterfeit the software products or allow and/or favour their counterfeiting.
10. RIGHTS OF OWNERSHIP
10.1 The full ownership of the products is kept by Soft Tech Ing. Riccardo Stagnaro until the invoice, the expenses and taxes are fully payd.
10.2 The Client commits himself to let Soft Tech Ing. Riccardo Stagnaro know as early as possible to avoid requests of compensation for all damages about any attachment or confiscation by third parties of the products which the Client has purchased from Soft Tech Ing. Riccardo Stagnaro and which are not yet fully paid.
10.3 In case the Client is filed for bankruptcy. he commits himself to allow Soft Tech Ing. Riccardo Stagnaro to take back their own products without any notice. The expenses originated by the collection of the products will be charged to the Client.
10.4 In case of fully or partially missed payment at the expiry of the invoice, Soft Tech Ing. Riccardo Stagnaro will take the products and relative accessories back without need of a pre-emptive court order and the Client commits himself to allow the operation without opposition of any sort.
11. TERMS OF PAYMENTS
11.1 The terms of payment are those shown on the invoice sent to the Client.
12. JOINT LIABILITY
12.1 If the Client requires the invoice or debit note to be issued in the name of a third party, both the Client and the third party are fully responsible for the payment of the invoice and fulfilment of any engagement included in the general and special terms of the contract
13. FAILURE TO PAY
13.1 To fail to pay an invoice or a debit note at the expiry time, any request of postponement of payment or any other fact causing a non-fulfilment by the Client is reason for the forfeiture of the terms agreed for the payment of the products, thus making any amount of debt immediately collectable. Following this Soft Tech Ing. Riccardo Stagnaro will reserve the right to suspend the consignment of goods not yet delivered.
13.2 Failure to pay a single invoice at maturity will allow Soft Tech Ing. Riccardo Stagnaro to reduce the amount of credit offered to the Client
13.3 Besides in case of failure to pay or delay in the payments by the Client Soft Tech Ing. Riccardo Stagnaro is empowered to seek an immediate resolution of all contracts without compensation for the Client or any other formality but a notice by registered mail or fax.
13.4 Every order or consignment is to be considered independent from any other order or consignment. Any controversy between the Client and Soft Tech Ing. Riccardo Stagnaro will not represent a valid reason to suspend the payment of other invoices or the payment of the amount of the invoice which is not disputed.
13.5 The incomplete delivery of an order will not give the Client the right to refuse the payment of what already delivered.
13.6 With the exception of the case under Art. 5.3 Soft Tech Ing. Riccardo Stagnaro reserves the right to issue a partial invoice according to the deliveries carried out.
13.7 In case the Client requires Soft Tech Ing. Riccardo Stagnaro to carry out other works successive to the sale such as the installation and/or the supervision of proper working of the products or any consultancy and/or development, the payment of the invoices for the products will not depend on the completion of the installation service or the supervision of the good working of the devices or advising and/or relative development.
13.8 Unless a contrary written agreement exists, the missed total or partial payment at the agreed expiry time involves the payment of delay interests at the rate of the prime rate increased of two points percentage with bank expenses on top higher expenses excepted.
14. PLACE OF JURISDICTION AND LAW APPLICABLE
14.1 Should any legal controversy arise Genoa is the place of jurisdiction.
14.2 The contract between Soft Tech Ing. Riccardo Stagnaro and the Client, as everything else not expressly included in this general sales conditions is ruled by the Italian law.