Terms and Conditions28 Febbraio 2023 2023-02-28 11:34
Terms and Conditions
Art. 1 – OBJECT
These general conditions of sale are an integral part of the agreement between the parties and are intended to regulate and discipline, under the same conditions, any additional orders signed by the parties.
By signing this order the client irrevocably commits – for a period of 10 months from the date of signing – to purchase the goods speciﬁed above, in accordance to art 1329 of the Italian Civil Code. Nevertheless, the client may terminate the contract, by sending a registered letter to Push srl, no later than 15 days from the signing of this contract. The date of mailing of the registered letter will be considered as proof. The refusal of the client to fulﬁll the order signed, including the refusal to receive the goods, expressed after 15 days of signing of this Agreement, may be accepted by Push Srl at its sole discretion. In this case Push srl will suspend the delivery of the goods ordered, but it nevertheless may expect of the client to pay a penalty fee equal to 75% of the total value of orders, and, in any case, compensation for further damages suﬀered, both pecuniary and non-pecuniary. Push srl has the right to accept the order, no later than 90 days from the date of signing by the client, by means of written conﬁrmation. In that case, the date of the communication by Push srl will be considered as proof. In the absence of such conﬁrmation, after 90 days of the signing of this agreement, the order will be tacitly refused by Push Srl In this case, the client can claim nothing from the seller It is in any case possible for Push srl to withdraw from the contract after the conﬁrmation of the order in the event of breach by the client, as stated by Articles 6, 7 and 8 of this Agreement.
Art. 2 – METHOD AND TERMS OF DELIVERY
The client agrees to accept any partial and / or smaller delivery of goods compared to what is speciﬁed in this order, both in terms of the amount requested and the assortment of sizes, colors and patterns. Therefore, the client expressly renounces to claim damages for any amount or value. The terms of delivery speciﬁed in this order are to be considered purely indicative and not binding in any way. Push srl will thus be exempt from any liability in this regard. The delay of the delivery of the goods does not authorize the client to refuse the delivery or request the cancellation of orders already signed. Push srl will be entitled not to proceed or to suspend deliveries of goods ordered if the client has not duly completed all outstanding payments, even for orders or sales previously made by Push srl. The goods travel at the risk of the client, when Push srl has fulﬁlled its obligation to deliver the goods to the carrier or shipper.
Art. 3 – CLAIMS
The client must report to Push srl the presence of any ﬂaws or defects in the goods no later than 8 days from the reception. The complaint will be deemed valid and eﬀective only if made by means of a registered letter. The date of mailing will be proof of the date. After the end of this period, the goods delivered are deﬁnitively accepted by the client without reservation. When a complaint is valid, and made in the appropriate time frame, Push srl will replace the defective goods or will authorize its return, refunding the client for the corresponding amount. No other form of compensation is possible In any case, the presence of any ﬂaws or defects in the goods supplied do not entitle the Buyer to suspend, in whole or in part the payments as agreed upon Returns of merchandise without the prior written consent of Push srl are not permitted.
Art. 4 – CONDITIONAL SALE
The actual transfer of ownership of the goods to the client will occur when it has completed all outstanding payments The client will therefore have the goods delivered only when it will have paid in full the amount due to Push srl. Until then, the goods remain the property of Push srl Therefore, until the full payment of all fees and charges due is completed, the client must necessarily have a suitable insurance policy, suitable to cover all risks, including those caused by ﬂoods, theft and ﬁre. The client must send a copy to Push srl of the insurance policy immediately after the conclusion of the order. Should the client ﬁle for bankruptcy or be subject to any other insolvency proceedings, it will inform Push srl and ﬁle, at its own expense, a complete inventory of goods it holds in stock that belong to Push srl, so that it can exercise the right to claim back the goods.
Art. 5 – PAYMENTS
The payment is to be made by the client in the manner speciﬁed in the order conﬁrmation. Payments will be considered valid and liberating for the client only if carried out in accordance with the terms stated in the order conﬁrmation. The payments made to agents and representatives of Push srl will only be valid when Push srl receives the debt securities.
Art. 6 – DELAY IN PAYMENT
In the event of late payment by the client, it is expressly agreed that Push srl has the right to suspend and / or terminate all contracts in eﬀect with the client, without the right by the latter to indemnity and / or compensation. In addition, in the event of late payment by the client, Push srl will be entitled to demand immediate payment of the outstanding amount, increased by default interest as stated by the art 5 of Decree 23/11/2002 of the Italian Civil Code. Furthermore, in the event of late payment by the client, Push srl will have the right to change the method of payment that the client agrees, from the outset, to accept.
Art. 7 – WITHDRAWAL AND / OR SUSPENSION OF DELIVERIES
If disputes, enforcement proceedings, foreclosures and / or other signs of insolvency are brought forward against the client, Push srl will have the right to terminate all contracts in progress with the client and / or to suspend their execution, without the right for the client to claim compensation and / or restitution of the amounts already paid.
Art. 8 – MARKETING
Push srl has agreed to sell their goods to the client in consideration of its speciﬁc personal proﬁle and on the basis of assurances from the same client that the sale is strictly personal and may not be transferred, in whole or in part, to third parties, unless consent given in writing by the seller.
The client will also resell the goods received to the public exclusively in the store speciﬁed in the purchase order, with a ban on the resell and / or deliver it to others and several retailers or outlets. The client will sell the goods at prices not lower than those suggested and recommended by Push srl. In case of default, even if only partial, of the obligations stated in this Article, Push srl will be entitled to immediately withdraw from the agreement and to claim additional damages, pecuniary and non-capital, it incurred.
Art. 9 – INTELLECTUAL PROPERTY
All intellectual property rights related to the goods sold and the documents, including technical, attached to it are the sole property of Push srl. It is thus forbidden to the client to use such documents or otherwise behave, without exception, in a way that might aﬀect the rights of industrial and intellectual property of Push srl. It is forbidden to disclose the information to third parties or send promotional material and technical property of the seller. All documents and information are to be returned to Push Srl if it so requests.
Art. 10 – APPLICABLE LAW-JURISDICTION
These conditions of sale are subject to the application of Italian law unless the seller decides the application of the law in force in the Member State in which the client resides. Both parties exclude the applicability to this case of the Vienna Convention signed on 11 April 1980. Any dispute concerning this order, its execution, interpretation and validity, including the payment of the price payable by the client will be settled by the Court of Nola, Italy. Push srl will in any case be entitled to ﬁle a lawsuit in the place where the legal domicile of the client is situated.
Art. 11 – MODIFICATIONS
Any modiﬁcation or integration to these sales conditions will only be valid if underwritten and signed by both parties.
Art. 12 – PANDEMIC EMERGENCY
Your order will be deemed to be conﬁrmed, with your assurance that you will collect and pay for the goods on the agreed payment terms, regardless of any legal action taken by any Government in response to the emergency caused by the Covid-19 pandemic and/or other pandemic events.