Terms and Conditions of Sale
These General Conditions of Sale apply to all transactions concluded between the Seller - P&F Packaging & Food srl - and the Purchaser 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 will be applied only if confirmed in writing by P&F Packaging & Food srl. P&F Packaging & Food srl reserves the right to modify, integrate or vary the General Conditions of Sale, attaching such variations to the offers or to any correspondence sent in writing to the Buyer.
1.ORDERS and PRICES
The Seller's offers are not to be considered binding, in particular with regard to quantities, prices and delivery terms. The order placed by the Buyer is to be considered a purchase promise and therefore to be considered concluded and final. Orders acquired through our agents shall only bind the Seller after written confirmation and dispatch. In the event that the Seller does not provide written confirmation of a verbally negotiated order, the issuance of the invoice by the Seller or the execution of the order by the Seller shall be deemed confirmation.
The Seller reserves the right to deliver and invoice product in excess of + - 5% resulting from production for the Buyer. 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 of the invoice. Our offers - price quotations are valid for 30 days.
Unless otherwise agreed in writing, delivery terms are to be considered as an indication only and are not binding on the Seller. Any delays resulting from force majeure or other events not attributable to the Seller shall release the Seller from its obligation to comply with any agreed delivery terms.
The Seller reserves the right to reasonably make partial deliveries.
3. TRANSPORT AND COMPLAINTS
Our goods, even if shipped 'carriage paid', travel at the risk of the recipient. No clause specifying the conditions of shipment may contravene this rule. Upon taking delivery of the Products, the Buyer shall immediately: (1) check the quantity and packaging of the Products and record any objection in the delivery note;
(2) check the conformity of the Goods with the order confirmation and record any discrepancies in the delivery note.
Any defects in the Goods must absolutely be notified 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 complaint relates to a defect that, despite the initial inspection, has remained hidden, the complaint 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 Products; the detailed communication must be sent in writing to the Seller within the aforementioned terms. Any communication made by telephone shall not be accepted; the communication shall clearly specify the type and amount of the alleged defects; the Purchaser agrees to make the disputed Products available for inspection; such inspection shall be carried out by the Seller or by an expert appointed by the Seller. No objection with reference to the quantity, quality, type and packaging of the Products may be made except by notice affixed to the delivery note in accordance with the above procedure. Any Product in respect of which no objection has been raised in accordance with the above procedures and terms shall be deemed approved and accepted by the Buyer. In the event of factory collection, the Buyer and its carrier shall assume full responsibility for the load even if the Seller's operators are involved. If deliveries are made on exchangeable European pallets, in the event of non-exchange for whatever reason, the customer shall be invoiced within 8 (EIGHT) days of receipt of the goods.
4. RESERVATION OF OWNERSHIP
All deliveries are made subject to retention of title until full payment. Consequently, 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.
The Seller is not obliged to accept product returns unless expressly agreed in writing. Any costs incurred for this purpose shall be borne by the Buyer. Unauthorised returns shall in no way delay the payment of invoices when due. No goods shall be taken back later than 8 days after delivery. Any return of goods before this deadline shall not entitle the Buyer to a refund of any sums paid, but such sums shall be deemed valid for the purchase of another delivery at the price in force at the time of delivery, if the return is due to facts attributable to the Buyer.
The Seller warrants that the Products are free from defects and conform to the declared specifications.
The warranty applies only to products used in an environment and for applications consistent with the specifications declared by the Seller; any improper use is prohibited. Goods acknowledged to be defective, and only in the event of defects in raw materials or obvious manufacturing defects, shall only be replaced to the exclusion of any other compensation. The guarantee shall not apply if the products are intended for uses other than those indicated by the Seller. The certifications of individual products are displayed on our website and no other uses are guaranteed. In the event of apparent defects in the goods, the rules set out in section 3 shall apply. TRANSPORT AND COMPLAINTS. If the goods have nevertheless been used by the purchaser, no complaint shall be possible.
7. INVOICING AND PAYMENT
Invoices shall be made on the basis of the price lists and conditions set out by the Seller. The place of payment shall be at the Seller's domicile.
Payments are due on the agreed terms even in the event of delay in delivery of the goods or partial or total loss or damage occurring during transport, as well as if 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 deliveries with immediate effect. In the event of delayed payment of the amounts referred to in the supplies and invoices, default interest shall be due as provided for by Legislative Decree no. 231 dated 9.10.2002 starting from the due dates indicated in the invoice and in the absence of due dates from the date of the invoice itself. Failure to pay a single effect and/or a single invoice by its due date shall render all the remaining receivables immediately due, even if not yet accrued. Any cancellations or discounts or bonuses at the end of the year, 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 purchaser 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 demand compensation on the grounds of a claim against our company. Under no circumstances shall any deductions made unilaterally by the buyer be accepted, except with written authorisation from the seller.
7BIS. ELECTRONIC INVOICING:
If the SDI or PEC code is not communicated to the seller, the e-invoice can be retrieved in the reserved 'Consultation' area of the Invoices and Revenue Portal.
8. CUSTOMISATION AND RIGHTS
Industrial, intellectual and artistic property rights:
The industrial property rights of the products customised 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 purchaser 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 realisation of a custom-made product, realised by P&F Packaging & Food srl, even if partially or entirely reimbursed by the purchaser, remain 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.
Customisation of the goods ordered:
The goods with customization will be realized on the basis of the information and indications communicated by the buyer; in particular, in case of request of customized products with trademarks, logos, etc., the buyer declares to have the right to use and the full use of the same, relieving as of now P&F Packaging & Food srl from any responsibility deriving from the possible violation of the protection guaranteed to them. In particular, the buyer explicitly relieves P&F Packaging & Food srl from any liability for damages that may be caused, as a result of the use of the brand (or logo, etc..), to third parties for the production and the consequent use of the products by the same buyer. Consequently, the Buyer expressly declares, as of now, to assume all responsibility for the use of the trademarks (or logos, etc. ...) that he will put on his customized products; any claim for damages made by third parties to the detriment of P&F Packaging and Food srl, will be in any case at the expense of the Buyer, who also undertakes to compensate the same for any damage and/or harm it may suffer for any violation of the protection guaranteed to the trademarks (or logos, etc. ...) used by the buyer. P&F Packaging and Food srl does not assume any responsibility in case of sending wrong information by the buyer. The intellectual and/or industrial property of the information and of all the possible material sent by the buyer for the realization of the customization of the ordered goods remains the exclusive property of the buyer.
Any dispute arising between the parties as a result of the interpretation, validity or execution of these General Sales Terms and Conditions and of the relative 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 claims. 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 court referred to in the previous paragraph to take legal action against the Purchaser, at his domicile and at the Court having jurisdiction therein.
10. INFORMATION ON THE PROCESSING OF PERSONAL DATA PURSUANT TO 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 hard copy and electronic format to perform services deriving from contractual, accounting, tax obligations, as well as for commercial purposes unless you expressly refuse.The provision of data is optional, but refusal to provide such data could result in the partial or total impossibility of providing our services.
The regulations governing the handling 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
The person responsible for data protection is: Maria Antonietta Pirrotta available at the same address.
You may at any time make questions or requests for information to the data protection officer, as provided for by the articles of law currently in force. P&F Packaging & Food srl - Via Foro Bonaparte , 59 - Milan ( ITALY ) - P.IVA 11042740966 - www.packagingefood.it - [email protected]