Terms and Conditions

These General Terms and Conditions of Sale shall apply to all transactions concluded between the Seller - P&F Packaging & Food srl - and the Buyer without the need for an express reference to them or a specific agreement to that effect at the conclusion of each individual transaction.
Any different condition or term shall apply only if confirmed in writing by P&F Packaging & Food srl. P&F Packaging & Food srl reserves the right to amend, supplement or vary the General Terms and Conditions of Sale by attaching such variations to offers or any correspondence sent in writing to the Buyer.

1.ORDERS and PRICES

Seller's offers are not to be considered binding, particularly with reference to quantities, prices and delivery terms. The order placed by Buyer is to be considered a promise to purchase and therefore to be considered concluded and final. Orders acquired through our agents bind the Seller only after written confirmation and shipment. In the event that Seller fails to provide written confirmation of a verbally negotiated order, the issuance of the invoice by Seller or the execution of the order by Seller shall be deemed confirmation.

The Seller reserves the right, following the order of product made for the buyer , to deliver and invoice product in excess of + - 15% arising from production. Our prices do not include VAT, which must in any case be paid at the time of delivery or in accordance with the specific provisions contained in the invoice. Our offers - price quotations have a validity period of 30 days.

2.TERMS OF DELIVERY

Delivery terms are to be considered, unless otherwise agreed in writing, as indicative only and are not binding on Seller. Any delays resulting from force majeure or other events not attributable to Seller shall release Seller from its obligation to meet any agreed delivery deadline.
Seller reserves the right to reasonably make partial deliveries.

3. TRANSPORTATION AND CLAIMS

Our goods, even if shipped "carriage paid," travel at the consignee's risk. No clause specifying the conditions of shipment may contravene this rule. Upon taking delivery of the Goods, the Buyer shall immediately: (1) check the quantities and packaging of the Goods and record any objection in the delivery note;
(2) perform a conformity check of the Goods against what is stated in the order confirmation and record any discrepancy in the delivery note.
Any defects in the Goods must be imperatively reported in writing to the carrier upon arrival of the Goods, and sent immediately by fax or e-mail/Pec to the Seller. In the event the claim relates to a defect that, despite the initial inspection, has remained concealed, the claim must be made as soon as possible before the end of the working day on which the defect was discovered and, in any case, no later than 8 (EIGHT) days after taking delivery of the Goods; the detailed communication must be forwarded in writing to the Seller within the above terms. Any communication made by telephone will not be accepted; the communication must clearly specify the type and amount of the alleged defects; Buyer agrees to make the disputed Products available for inspection; such inspection will be made by Seller or by an expert appointed by Seller. No objection with reference to the quantity, quality, type or packaging of the Products shall be made except by notice affixed to the delivery note in accordance with the above procedure. Any Product for which no dispute has been raised in accordance with the above procedures and terms shall be deemed approved and accepted by Buyer. In the case of factory pickup, Buyer and its carrier assume full responsibility for the load even if Seller's operators are involved. Where deliveries are made on exchangeable European pallets, in the event of failure to exchange for any reason, the pallets will be invoiced to the customer within 8 (EIGHT) days of receipt of the goods.

4. RESERVATION OF OWNERSHIP

All deliveries are made under reservation of title until full payment is received. Accordingly they, or parts thereof, may be recovered from the consignee if solvency is in question. Seizure of the goods, or similar measures by third parties, shall be reported immediately by registered letter or Pec. Notwithstanding this clause, the transfer of risk on the goods takes place upon delivery.

5. RETURN

The Seller is not obliged to accept returns of products unless expressly agreed in writing. Any costs incurred for this purpose shall be borne by Buyer. Unauthorized returns shall in no way delay the payment of invoices when due. No goods will be taken back beyond a period of 8 days after delivery. Any return of goods before this time limit shall not entitle the Buyer to a refund of any sums paid, but such amount shall be deemed valid for the purchase of other supply at the price in effect at the time of delivery, if the return is due to facts attributable to the Buyer.

6. WARRANTIES

Seller warrants that the Goods are free from defects and conform to stated specifications.
Warranty applies only to products used in an environment and for applications consistent with Seller's stated specifications; any misuse is prohibited. Goods recognized as defective, and only in case of defects in raw materials or obvious manufacturing defects, shall be replaced only to the exclusion of any other compensation. The warranty shall not be valid if the products are intended for uses other than those indicated by the Seller. Individual product certifications are displayed on our website and no other uses are guaranteed. In the event of apparent defects in the goods, the rules set forth in Section 3 shall apply. TRANSPORTATION AND CLAIMS. If the goods have nevertheless been used by the buyer, no claim will be possible.

7. INVOICING AND PAYMENT

Invoices are made on the basis of price lists and conditions affixed by the Seller. The place of payment shall be at the Seller's domicile.
Payments shall be due on the agreed terms even in the event of delay in delivery of the goods or of partial or total damage or loss occurring during transport, as well as in the event that the goods remain at the disposal of the buyer at the Seller's premises and are not collected by the buyer. Delay in payment entitles the Seller to suspend current supplies with immediate effect. In the event of late payment of the amounts referred to in the supplies and invoices, default interest as provided for in Legislative Decree 9.10.2002 No. 231 shall be due from the due dates indicated in the invoice and in the absence of due dates from the date of the invoice. Failure to pay a single effect and/or invoice by its due date renders all remaining receivables immediately due and payable even if they have not yet matured. Any reversals or year-end discounts or premiums, even if included in the invoice, are automatically revoked and to be considered as not granted on the entire turnover for the year and/or the period in which the Buyer could benefit from them, in cases of non-payment of invoices or insolvency proceedings during the year. Under no circumstances may the Buyer postpone payment of a due date in whole or in part or claim offsets on the grounds of a claim against our company. Under no circumstances will any deductions put in place unilaterally by the buyer be accepted, except for any written authorization from the Seller.

7BIS. ELECTRONIC INVOICING:

In the event of failure to notify the seller of the SDI or PEC code, the electronic invoice is retrievable in the "Consultation" restricted area of the "Invoices and Receipts" portal of the Internal Revenue Service.

8. CUSTOMIZATION AND RIGHTS

Industrial, intellectual and artistic property rights:
The industrial property rights of the products customized by the Seller are the total and exclusive property of P&F Packaging & Food srl and their use within the sales relationship does not create with respect to them any right or claim on the part of the customer. The buyer undertakes not to perform any act incompatible with the ownership of industrial property rights. The graphic drafts, the plants useful for printing and the plants useful for the realization of a customized product, made by P&F Packaging & Food srl, even if partially or fully reimbursed by the buyer, remain the property of P&F Packaging & Food srl.
The intellectual property of the artistic creations is not transferred with the supply of the products but remains the property of P&F Packaging & Food srl.
Customization of the ordered goods:
The goods with customization will be made on the basis of the information and indications communicated by the buyer; in particular, in case of request for customized products with logo trademarks, etc., the buyer declares to have the right to the use and full use of the same, relieving as of now P&F Packaging & Food srl from any liability arising from any violation of the protection guaranteed to them. In particular, the purchaser explicitly relieves P&F Packaging & Food srl from any liability for damages that may be caused, as a result of the use of the trademark (or logo, etc.), to third parties for the putting into production and the consequent use of the products by the same purchaser. Consequently, the purchaser expressly declares, as of now, to assume all responsibility regarding the use of trademarks (or logos, etc...) that he will have affixed to his personalized products; any claim for damages brought by third parties to the detriment of P&F Packaging and Food srl, will in any case be borne by the Purchaser, who also undertakes to compensate the same for any injury and/or damage that he may suffer as a result of any violation of the protection guaranteed to the trademarks (or logos, etc...) used by the purchaser. P&F Packaging and Food srl assumes no responsibility in case of sending incorrect information by the buyer. The intellectual and/or industrial property of the information and any material sent by the buyer for the realization of the customization of the ordered goods remains the exclusive property of the buyer.

9. JURISDICTION

Any dispute arising between the parties as a result of the interpretation, validity or execution of these General Terms and Conditions of Sale and the related contracts entered into shall be devolved to the exclusive jurisdiction of the Court of Palermo, Sicily (Italy), even in the event of multiple defendants or warranty calls. It is understood between the parties that only the Seller, at its own discretion, shall have the right to waive the jurisdiction of the exclusive forum referred to in the preceding paragraph to take legal action against the Buyer, at its domicile and at the Court having jurisdiction therein.

10. INFORMATION ON THE PROCESSING OF PERSONAL DATA IN ACCORDANCE WITH ART.13 EU REG. 2016/679 of 27/04/2016

Dear Customer, pursuant to Article 13 of EU Reg. 2016/679 of 27/04/2016 (Ex Art.13 D.lgs. n.196/2003),hereinafter referred to as RGPD (General Regulation for the Protection of Personal Data), we provide you with the following information:
The data you provide will be processed in paper and electronic format to perform services arising from contractual, accounting, tax obligations, as well as for commercial purposes unless you expressly refuse.II provision of data is optional but any refusal to provide such data could result in the partial or total impossibility of providing our services.

The regulations for the management of personal data can be consulted in its entirety on the website www.packagingefood.it
The data controller is: Dr. Alessio Morici available at P&F Packaging & Food srl - via Foro Buonaparte 59 - Milano
II data protection officer is: Simona Trapani available at the same address.
At any time you may make questions or requests for information to the data protection officer, as provided by the articles of law currently in force. P&F Packaging & Food srl - Via Foro Bonaparte , 59 - Milan ( ITALY ) - P.IVA IT11042740966 - www.packagingefood.it - [email protected]