GENERAL SALES CONDITIONS, USE OF THE "INIM" LOGO, E-COMMERCE, PRIVACY
Premise
The following Terms and Conditions of Sales are applicable to all Sales made by INIM ELECTRONICS S.r.l., hereinafter also called “the Seller”.
The placing of an order and/or the acceptance of INIM ELECTRONICS S.r.l. goods imply the acceptance of all the Seller’s terms. The Seller General Terms and Conditions of Sales prevail over all documents held by the Buyer and in particular over the Buyer’s General Terms and Conditions of Purchase.
INIM ELECTRONICS S.r.l. reserves the right to make aesthetic changes to the size and/or structure of equipment and to make any suggested functional and aesthetic modifications of a technical nature.
Prices
The prices indicated are subject to variation without notice should any increase in the cost of products occur, whether this increase be in cost at origin or due to changes in transport costs and/or expenses connected thereto, or even of a fiscal nature, or due to variation in the exchange rates of foreign currency, or for any other reason, all of which shall entitle INIM ELECTRONICS S.r.l. to increase the price of goods proportionately even when a clear contractual commitment exists. All prices are intended as ex-factory and exclusive of all taxes, duties, levies and any other government charges, including those decreed during the execution of the contract. It is the responsibility of the Buyer to make themselves aware of the validity of prices. The Buyer shall pay the prices indicated in the invoice without discount and/or any round off that is not expressly provided for in the invoice.
Payment
The terms and method of payment are mandatory. Payments made with terms and methods different to those resulting in the invoice, even though accepted, shall have a value of mere tolerance. Any delay or irregularity in payments shall exempt INIM ELECTRONICS S.r.l. from honoring the warranty on the products supplied and shall entitle the Seller to suspend the provision of goods relating to all orders in progress. The Seller is in any case entitled to receive arrears interest as foreseen by the law in force and in accordance with the method and rates referred to in Articles 4 and 5 of D. Lgs. n.° 231/2002. If the agreed terms of payment provide for payment by installment order, INIM ELECTRONICS S.r.l. shall be entitled to suspend supplies until such payment is received. The eventual payment of the price by means of bank drafts, bills of exchange, bank receipts or cheques is always accepted “with recourse” by INIM ELECTRONICS S.r.l. in the sense that the Buyer shall not be released from the obligation of payment of the price until the securities are cashed by INIM ELECTRONICS S.r.l. Payment by means of bank drafts, bills of exchange, bank receipts or cheques shall not, in any way, affect the agreement with regard to the place of fulfilment of the main obligation in accordance with the provisions of article 1182, third paragraph of the Civil Code, notwithstanding the term of payment as specified above.
Termination of the contract
In the event of deterioration of the Buyer’s credit, indicated by the irregularity of payment, emergence of a high number of protested cheques and/or bills of exchange, enforcement of preventive composition with creditors, bankruptcy and/or even the supervening incapacity of the Buyer’s legal representative, liquidation of the Buyer’s company or changes to the status thereof, INIM ELECTRONICS S.r.l. reserves the right
to unilaterally terminate the contract by giving written notice to the Buyer.
Returns
Returns cannot be accepted, even when justified, unless INIM ELECTRONICS S.r.l. has given prior authorization in relation thereto. Products returned without a returns authorization number will be refused immediately. All transport charges on authorized returned goods must be prepaid. Acceptance of returns, if not explicitly the result of an error made by INIM ELECTRONICS S.r.l., shall have a fixed cost of Euro
50.00 (fifty Euro), for the cost of handling and administration, which shall be deducted directly from the final credit note, regardless of the value of the returned goods. Brand new, unused, undamaged items, returned for credit in their original packaging shall be valued as follows:
- within 2 months from the date of sale: no depreciation;
- from 2 to 6 months: 20% depreciation;
- from 6 to 12 months: 50% depreciation;
- products returned beyond one year of purchase cannot be accepted.
Final acceptance and eventual valuation of returned products which do not result intact on inspection at the headquarters of INIM ELECTRONICS S.r.l., are at the unquestionable discretion of INIM ELECTRONICS S.r.l.
Liability toward Third Parties
With the stipulation of the contract, the Buyer accepts the obligation to be aware of all Legal Limitations and Safety Standards relating to the use of the ordered products and thereby waives any right to assert any claim against the Seller. Therefore, INIM ELECTRONICS S.r.l. shall not be responsible in any way whatsoever for any damage, direct or indirect, to persons or things caused by the use of the products supplied.
Industrial Property Rights
The Purchase made by the Buyer constitutes acceptance of all the Industrial Property Rights of INIM ELECTRONICS S.r.l. In particular, the Buyer acknowledges the property rights of INIM ELECTRONICS S.r.l. in respect to the Industrial Patents depicted on or affixed to the merchandise and/or packaging or otherwise related to the products. In the case of contestation by third parties in relation to the Industrial Property Rights of INIM ELECTRONICS S.r.l., the Buyer shall immediately inform INIM ELECTRONICS S.r.l. of the claims of the third party.
Delivery Terms
Each delivery term, even though scheduled by both parties, has purely an indicative value and does not constitute a condition and/or essential term of the purchase order. The delivery terms are to be treated as approximate and conditioned by production capability and events of force majeure. Events considered as force majeure, amongst others, are strikes involving post office workers, customs personnel carriers, shipping agents, measures taken by supervening authorities, natural disasters and so forth. Under no circumstances, therefore, shall INIM ELECTRONICS S.r.l. be liable for any damage, direct and/or indirect, caused by such delays in delivery. Delivery delay does not entitle the Buyer to annul the contract completely or even in part. Deliveries may be split into more than one consignment.
Dispatch
INIM ELECTRONICS S.r.l. rids itself of the obligation for the delivery of goods from outside its own warehouse, putting such goods in the hands of a shipping agent and/or carrier for transport, or the designee, authorized by the Buyer to collect the goods. The means of transport (carrier, etc.) for shipments which are the Buyer’s responsibility shall be the decision of the Buyer. The goods shall travel for and at the full risk of the Buyer, therefore, INIM ELECTRONICS S.r.l. shall not be responsible for any damage which may occur during transport. Any complaints or claims against the Carrier shall be made by the Buyer for the Buyer and in the Buyer’s name.
Warranty
Unless otherwise specified, INIM ELECTRONICS S.r.l., the Seller, warrants all parts and workmanship of electronic equipment for a period of 24 months. The Seller’s obligation and liability under this warranty is expressly limited to repairing or replacing, at the Seller’s unquestionable discretion, any product not meeting specifications. All coverage under this warranty shall be void if the product is damaged in any way through improper use, misuse, abuse or accident, or if modified or repaired by anyone other than persons authorized by INIM ELECTRONICS S.r.l. The liability of INIM ELECTRONICS S.r.l. is limited exclusively to the delivery of functional products in accordance with the provisions of this Warranty and does not cover any claims for compensation asserted by the Buyer. Any contested items may be returned to INIM ELECTRONICS S.r.l. only after prior authorization in relation thereto. The costs incurred when returning products to INIM ELECTRONICS S.r.l. in application of the present Warranty clauses, together with any costs for packaging and/or any other costs are exclusively at the expense of the Buyer.
Competent Court
The Court of Ascoli Piceno shall be exclusively the competent court for any dispute which may arise in relation to the Supply Contract.
USE OF THE "INIM" LOGO AND LINKS TO INIM WEB PAGES
The Customer who purchases products directly from INIM is authorized to use the INIM logo from the date of the formalization of the order confirmation and for the 90 days following the delivery of the order itself.
The Customer who purchases the products directly from INIM is authorized to use links from websites directly related to the Customer to web pages owned by INIM, from the date of the formalization of the order confirmation and for the 90 days following the delivery of the order itself.
The Customer can use the "INIM" logo exclusively for commercial and marketing purposes with the aim of promoting "INIM" products and trademark. The "INIM" logo can be used on printed documentation or in electronic format or on websites directly related to the Customer.
The "INIM" logo must always be used in connection with a product supplied by "Inim Electronics s.r.l.". An exception is made in the case in which the Customer intends to publicize the distribution of "INIM" products.
It is strictly forbidden to distort or alter the INIM logo or any element of the "INIM" logo.
It is strictly forbidden to expose the "INIM" logo in a manner deemed to be, at the sole discretion of "INIM", deceptive, improper, defamatory, illegal, libelous, derogatory, obscene or otherwise reprehensible for "INIM".
It is strictly forbidden to display the "INIM" logo on a website or in any publication that violates any laws or regulations in force.
It is strictly forbidden to use a name or company name, sign, logo or trademark the same as or that can be confused with the INIM trademark, or that includes the INIM trademark, or however, is likely to deceive or cause confusion in users.
A web link must in no way determine, even in the most inexperienced user, confusion regarding the ownership of the Inim website with that of the Customer and the Inim identification data with that of the Customer.
A web link must in no way determine, not even in the most inexperienced user, confusion regarding the business activity carried out by Inim and the business activity of the Customer.
INIM reserves the right to evaluate all remedies available by law and to take any necessary action in order to protect its trademark and its image and to obtain compensation for any damage sustained.
The provisions of this paragraph apply without a specific written agreement between INIM and the Customer that explicitly regulates the use of the INIM trademark and links to the INIM web pages.
E-COMMERCE
INIM does not promote online sales (e-commerce) for its own products.
Therefore, the marketing of INIM products whether direct or indirect through websites is strictly prohibited, unless expressly authorized in writing by "INIM".
In particular INIM does not promote e-commerce sales of its products to private users, also in consideration of the dictates of Ministerial decree 37/2008 with specific reference to Art.4 "Technical-professional requisites", to Art.6 "Realization and installation of systems" and to Art.7 "Declaration of conformity", save all other articles of the mentioned Ministerial decree.
It is the responsibility of the Customer to verify that the INIM products marketed by the same are not sold online. Should this happen, the Customer must immediately stop the supply to those who directly or indirectly market the INIM products online.
Failure to comply with this rule will result in the immediate suspension of supplies or, at the sole discretion of INIM, other measures deemed appropriate to stop this phenomenon.
INFORMATION WITHIN THE MEANING OF ARTICLES 13 AND 14 OF THE 2016/67 EU REGULATION - GDPR
We inform you that INIM Electronics S.r.l., Sole proprietor company, will proceed to follow up your requests for purchase orders and process your personal data in compliance with the provisions of EU Regulation 2016/679 ("Regulations" or "GDPR"); such processing will therefore be based on principles of correctness, lawfulness and transparency and protection of your privacy and your rights.
Therefore, pursuant to Arts. 13 and 14 of the Regulations, we provide you with the following information:
1.Who is the data controller?
The data controller is INIM Electronics S.r.l., a Sole proprietor company with registered office in Via dei Lavoratori,10 - 63076 Monteprandone (AP), Fiscal and VAT Code 01855460448.
2.What is the legal basis for processing your data?
Your data will be processed for contractual obligations.
3. How will your data be processed?
The data provided and/or acquired will be processed for the following purposes and its processing used as required for the purposes of the execution of commercial agreements between You and INIM Electronics Srl, Sole proprietor company (henceforth the "Company"):
a) execution of the obligations deriving from the contractual relationship established between You and the Company;
b) administrative and accounting obligations (management/fulfillment of orders, correspondence, invoicing, etc.) connected to the aforementioned contractual relationship;
c) fulfillment of obligations deriving from the law, regulations and, in general, from the regulations applicable from time to time, including those of the European Community.
Processing will be carried out with the aid of telematic, paper and computer tools.
The provision of data is mandatory for the achievement of the purposes mentioned above.
Any refusal to provide the requested data or its inaccuracy could result in the failure or partial execution of the tasks entrusted to the Company and/or the inability to continue the relationship established with You.
Your data will not be disseminated. However, It will be accessible to employees of the Company in charge of processing in order to fulfill the purposes referred to in points (a), (b) and (c) above; it may be disclosed to third parties, including our business partners and authorized service providers, exclusively for technical, administrative and accounting purposes related to the aforementioned contractual relationship established between You and the Company and to better fulfill the obligations arising from such a relationship.
We inform you that your data will not be transferred to foreign countries other than those belonging to the European Union nor to countries which do not ensure adequate levels of personal protection.
Your data will be stored by our Company for the period of time necessary to guarantee the correct fulfillment of the aforementioned contractual obligations, without prejudice to the need for conservation for a longer period in accordance with the law and applicable accounting standards.
4. Rights of the interested party
Pursuant to Article 13, paragraph 2, points (b) and (d) of the Regulations and Article 14, paragraph 2, points (c) and (e) of the Regulations, we inform you that:
a) You have the right to ask the Company in the role of data controller, to access your personal data and to update, supplement, correct or erase all data provided, request anonymization or the blocking of the same data processed in violation of the law, to oppose its processing for legitimate reasons and to request the limitation of its processing;
b) You are also the holder of all the rights referred to in Articles 16-21 of the Regulation (right of rectification, right of erasure – the so-called "right to be forgotten" - right to limitation of processing, right to data portability, right to opposition);
c) You have the right to lodge a complaint with the Guarantor for the protection of personal data, following the procedures in force.
In addition, we would like to draw your particular attention to your right to oppose our possible "direct" marketing activities, that is, the sending of e-mails, text messages, telephone contacts, postal mail, etc., and possibly, if necessary, to the related profiling.
5. Exercise of the rights of the interested party
The interested party at any time can exercise, towards the Data Controller, the rights provided for by the Articles 15 to 21 of the Regulations, referring to INIM Electronics S.r.l., Sole proprietor company with registered office in Via dei Lavoratori,10 - 63076 Monteprandone (AP), Fiscal and VAT Code 01855460448, by e-mail: privacy@inim.biz.
6.Changes
INIM Electronics S.r.l., Sole proprietor company reserves the right to change and/or update the content of this Privacy Notice, in part or completely, also due to changes in the applicable legislation. The Company will inform you of such changes as soon as they are introduced.