Terms and conditions

1 - Acceptance of these general conditions

1.1. All commercial relationships between SpecialTech and Customers are governed exclusively by the following general conditions of sale if not expressly waived by special conditions agreed in writing with SpecialTech.

1.2. These general conditions, as well as any special conditions, are accepted by the customer even if they differ from the general conditions or special purchase of the customer. The latter will engage SpecialTech only if expressly accepted with written acceptance.

1.3. Any person acting on behalf of the Client will represent and commit to SpecialTech.

2 - Prices 2.1. Except for different contractual provisions, SpecialTech offers and price lists are those published; they, however, may be modified by SpecialTech without notice.

2.2. Orders, even if confirmed, are considered accepted subject to any price increases imposed by suppliers or deriving from circumstances beyond the control of SpecialTech. In this case, SpecialTech will have the right to increase the sales prices charged to the Customer in proportion to the increase it incurs.

2.3. In the event of a price increase of more than 5% between the order confirmation date and the actual delivery date, the Customer will be informed and may terminate the contract, giving notice in writing within 5 days.

2.4. The prices applied are ex-warehouse, expenses, packaging, delivery costs, VAT and excluding taxes; all shipping costs, additional services (fullfillment, configuration and logistics services) and any additional charges (minimum order contribution) are charged to the customer.

3 - Intermediaries and agents 3.1. Intermediaries and agents do not have the power to bind SpecialTech. Their offers are to be considered subject to the approval of SpecialTech; it retains the right not to execute an order until it has been confirmed, or started execution pursuant to Article 4.1.

4 - Conclusions of the contract, transport and collection of products

4.1. The contract ends with the confirmation by SpecialTech of the order issued by the Customer or with the start of the execution.

4.2. Shipments, unless otherwise agreed, will be carried out free of charge, by carriers defined by SpecialTech and shipping costs will be invoiced to the customer.

4.3. In the hypothesis in which the carrier is in charge, in any way by the customer (assigned port), SpecialTech will not be responsible for the loss and / or damage of the product from the moment of delivery of the goods to the carrier at its warehouses.

4.4. If the Customer wishes to collect the products directly from the SpecialTech warehouses, he must do so within 5 days from the date on which he becomes aware of the availability of the products at the SpecialTech stores. After this deadline, the ordered products will not be kept available to the Customer and a sum will be charged as compensation fee equal to 10% of the order not collected.

5 - Terms of delivery and order processing methods

5.1. Delivery terms are indicative and not essential.

5.2. Every single order or delivery will be considered autonomous and independent of any other order or delivery.

5.3. SpecialTech reserves the right to process the order also through partial deliveries. If the Customer intends to refuse a partial delivery of the goods, he must declare it in advance in writing.

5.4. SpecialTech reserves the right not to accept a customer order containing the request for complete and unique evasion of the goods ordered. In this case, the acceptance of the order by SpecialTech will be considered binding only if made in writing.

5.5. In the event that the delivery of goods ordered is made impossible or otherwise more burdensome by causes not dependent on its will, SpecialTech will be able to resolve, by means of a simple written communication to the Customer, the contract concluded by confirmation of the order by SpecialTech .

5.6. If the Customer wishes to terminate the contract due to a delay in delivery, he must invite SpecialTech in writing to process the order, or the part of the order not processed, within a reasonable period of not less than 15 days. The contract will be considered terminated if SpecialTech has failed to deliver within the term assigned to it.

5.7. Except that the Customer has not previously communicated, according to the art. 5.3, which intends to accept only the complete fulfillment of the order, under no circumstances can the Customer refuse or delay payment of the goods delivered to him on the basis of an order even if only partially executed.

5.8. The return of the goods to SpecialTech must be requested in writing, indicating the reasons for the request, citing the references of the invoices and / or the DDT and must be expressly authorized. The return of the goods must be made after authorization and assignment of the "return number" (RMA).(DOA)

6 - Manufacturer's warranty and / or software owner

6.1. The parties acknowledge that SpecialTech is exclusively a trader of products manufactured by third parties; therefore, the guarantee related to the proper functioning of the products delivered by SpecialTech is limited to that granted by the manufacturer and / or software owner.

6.2. If and only to the extent that this is foreseen by the manufacturer's warranty and / or software owner of the product marketed by SpecialTech, in case of proven material defects of the product, SpecialTech will manage the product warranty. The DOA procedure is valid only for those products whose manufacturers expressly provide for it. (This list can be consulted on the website www.SpecialTech.it) In case of non-applicability of the DOA procedure, SpecialTech S.r.L. it will not immediately replace the customer with the defective product, which will be sent to the manufacturer (or supplier of SpecialTech S.r.L.) for replacement / repair. SpecialTech S.r.L. will return the product to the customer only after returning it to SpecialTech S.r.L. by the manufacturer (or supplier of SpecialTech S.r.L.) of the replaced / repaired product. The timing of the replacement is conditioned by the time of return of the replaced / repaired product from the manufacturer / supplier of SpecialTech S.r.L. at SpecialTech S.r.L. same.

6.3. Complaints concerning the products delivered by SpecialTech to the Customer must be received by fax, e-mail or registered letter to Customer Service within 8 days of receipt of the goods, attaching a copy of the bill, invoice or accompanying document, clearly showing the reasons for the claim. After this deadline, the complaint can no longer be accepted.

6.4. Under no circumstances does SpecialTech guarantee that the products supplied are suitable for the specific needs of the user's activity.

6.5. SpecialTech will answer for damages suffered by persons or things other than the products covered by the contract only if it is, or is legally, the importer within the European Union and only if said damages derive from its fraud or gross negligence and exceed the value of € 500 (five hundred) In no other case SpecialTech is obliged to indemnify the user or third parties for the consequences arising from the use of the product, for direct or indirect damage, accidents to people, damage caused to goods other than the material , loss of benefit or loss of profit, damage caused or which will be caused by the deterioration or loss of data recorded by the user.

7 - SpecialTech warranty

7.1. If the Customer proves that a malfunction of the computer product is due to a defect of custody chargeable to SpecialTech, the latter will answer if the defect is such as to make the product unsuitable for the use for which it is intended, it decreases appreciably the value or if it lacks qualities promised or essential to use.

7.2. In this case, the complaints concerning the products delivered by SpecialTech to the Customer must be received by e-mail or registered letter to Customer Service within 8 days of receipt of the product, attaching a copy of the bill or invoice or accompanying document. clearly the reasons for the complaint and the reason why the operating defect is chargeable to SpecialTech. After this deadline, the complaint can no longer be accepted.

7.3. Except with the prior written consent of SpecialTech, and unless the defect is not known until the packaging is opened, no return will be accepted unless it is intact, in its original packaging, intact, and without stickers or labels other than the original ones.

8 - Exclusion of the right of recourse pursuant to art. 131 of the Consumer Code

8.1. The parties expressly exclude in any case the right of recourse by the customer against SpecialTech pursuant to art. 131 of Legislative Decree n. 206 of 6 September 2005 (Consumer Code).

9 - Complaints concerning invoices

9.1. Any complaints regarding the invoices issued by SpecialTech must be brought to the attention of SpecialTech by registered letter sent within 10 days of receipt of the invoice. In default, the invoices are considered accepted without any reservation.

9.2. No claim can, under any circumstances, justify the delay or non-payment.

9.3. In the event of default or termination of the contract due to the Customer's fault, SpecialTech will be compensated for the flat-rate damage equal to 10% of the total sale price, subject to greater damage.

10 - Limitation of liability

10.1. Should SpecialTech be held responsible for the total or partial fulfillment of its obligations deriving from the contract, the total compensation due to the Customer shall in no case exceed 10% of the price of the goods which caused the damage.

11 - Down payment

11.1. The advances paid by the customer are to be considered as an advance and do not constitute a deposit. Nevertheless, in case of non-execution of the contract by the Customer, SpecialTech will have the right to withhold the advances paid, subject to greater damage.

12 - Software rights

12.1. The software rights marketed by SpecialTech remain the property of the manufacturers and / or rights holders of the software, which grant the user only a license to use it. All rights in the software are reserved and it is strictly forbidden for the Customer to transfer to third parties, to grant a license, to pledge, or in any other way to dispose of the rights to the software for free or free of charge. 12.2. The Customer undertakes not to remove or alter the indications of rights reported on the material supports of the programs and in the user manual, not to modify the products in any way and to make of them only legitimate and / or permitted uses.

12.3. The Customer undertakes, moreover, to keep the products with due diligence, rigorously applying all the indications of the manufacturer or retailer; in particular, the Customer will not be able to counterfeit IT products, nor allow or encourage their counterfeiting in any way.

12.4. Intermediaries between SpecialTech and the end users of the software must include the paragraph in point 11.1 in their terms of sale. or a text having the same meaning.

13 - Retention of ownership

13.1. In the event of non-payment, in whole or in part, upon expiration, SpecialTech may, without the need for a judicial order, resume possession of the products still stored at the Customer and / or not yet sold, and the Customer undertakes to consent to it without making any exceptions. The Customer must notify SpecialTech, under penalty of compensation for any damage, of any attachment or seizure by a third party on products purchased from SpecialTech and not yet fully paid. The products owned by SpecialTech must be insured to cover damage to the product and any damage to third parties. 14 - Making invoices available on the website www.SpecialTech.it and sending by e-mail

14.1. SpecialTech makes available to its customers, without any charge, directly in the reserved area of the site www.SpecialTech.it, in PDF format and in place of paper delivery, all the invoices / credit notes that will be issued by SpecialTech to them. . The same documents are sent by e-mail to the e-mail address communicated by individual customers. Although sent by an electronic means, this transmission does not attribute the invoice to the invoice: this is because such a simple system does not provide the technical specifications required by current legislation to have a real electronic invoice (Circular of the Agency) of Revenue No. 45 / E of October 19, 2005).

Therefore, the provision of the invoice / credit note (even if created with an IT tool) through the site management panel and / or sending the same bill / credit note by e-mail obliges the receiver to materialize the electronic document on a paper support, which is the original of the invoice / credit note itself. The invoice / credit note made available on the site, even if received also by e-mail will, therefore, be printed and stored as a paper bill by the subject in respect of which it was issued. The customer expressly consents that the tax documents be made available in PDF format on the site www.SpecialTech.it in the "Invoices and N.C. and they are sent by e-mail to the e-mail address communicated to SpecialTech ".

15 - Payment conditions 15.1. All invoices are payable in Gazzada and the amount to be paid is understood to be net and without any additional discount. The payment methods are those declared in the invoice (or in the accompanying document) sent to the Customer.

15.2. The Customer may have access to a credit line for deferred payments, only if the analysis carried out by the Credit Office, in charge of analyzing the documents that the Client has sent for the opening of this credit line, will have a favorable outcome. SpecialTech reserves, at its sole discretion, the right to determine the value of the credit line and the payment terms offered to the Customer.

16 - Non-payments

16.1. Failure to pay on expiry of the invoice or debit note, any request to defer payment or any other fact that determines the default of the Customer, causes the expiration of the terms agreed for the payment of the products, making each SpecialTech credit to the Customer immediately due; in this case, moreover, SpecialTech will have the right to suspend the delivery of the products not yet delivered.

16.2. The non-payment of a single invoice upon expiry also gives SpecialTech the right to reduce the value of the credit line offered to the Customer.

16.3. Furthermore, in case of non-payment or delay in payment by the Customer, SpecialTech is entitled to immediately terminate any contract in progress, without any compensation for the Customer or other formality that the simple notice by registered letter.

16.4. Every order or delivery is to be considered autonomous and independent of any other order or delivery. Any dispute between the Customer and SpecialTech can not, under any circumstances, give rise to the suspension of the payment of other invoices or the non-controversial part of the invoice.

16.5. The incomplete supply of an order will not entitle the Customer to refuse payment of the delivered goods.

16.6. Except for the case provided for by art. 5.3, SpecialTech is entitled to issue partial invoices according to the deliveries made.

16.7. Even if the Customer asks SpecialTech to perform additional services to the sale, such as the installation and / or implementation of the products, the payment of invoices related to the price of the products can not in any case depend on the completion of installation services or implementation of the equipment.

16.8. Unless express written agreement to the contrary, non-payment in full or in part at the agreed deadline implies the application of default interest at the rate of prime rate increased by 2 points, plus bank charges, subject to greater damage.

17 - Solidarity

17.1. If the Customer requests that the bill or debit note be issued in the name of a third party, both the Customer and the third party are jointly responsible for the payment of the invoice and for the fulfillment of any commitment resulting from the general and particular contract conditions.

18 - Export restriction

18.1. The Customer undertakes to comply with the export control regulations promulgated by the United States, as well as the legislation of the European Union and its Member States on the matter. In case of export of products outside the European Union, the Customer must obtain the advance written authorization of the manufacturer.

18.2. In the event of failure to comply with the provisions of paragraph 16.1, the Customer will hold SpecialTech for all damages, costs and expenses resulting.

19 - Use in a hazardous environment

19.1. The Customer is expressly informed that some products can not be used in a nuclear environment or in any other environment at risk. The Customer undertakes to comply with all precautions and restrictions of use made in this regard by the manufacturers.

19.2. The Customer undertakes to hold SpecialTech harmless of all damages, costs or responsibilities that may be incurred in case of use in violation of this clause and / or reserves and precautions of use made by the manufacturers in this regard.

20 - Jurisdiction and applicable law

20.1. For any controversy the Court of Varese has exclusive jurisdiction.

20.2. The contract between SpecialTech and the Customer, and so anything not expressly provided for in these general conditions of sale, is governed by Italian law. The undersigned declares to be aware of and fully accepts the following general conditions of sale of the SPECIALTECH S.r..L., also inserted in the ns. Site www.SpecialTech.it

I declare to have read the SpecialTech conditions of sale

I declare to accept the SpecialTech conditions of sale

I consent to the processing of personal data for the purposes referred to in art. 2b of the Link information

I consent to the processing of personal data for the purposes referred to in art. 2c of the Link information

The undersigned also declares to approve specifically, pursuant to and for the purposes of art. 1341 and 1342 c.c. the following clauses

01 - Acceptance of these general conditions

02 - Prices

04 - Conclusion of the contract, transport and collection of products

05 - Terms of delivery and order processing methods

06 - Warranty of the manufacturer and / or owner of the software

07 – Special Tech guarantee

08 - Exclusion of the right of recourse pursuant to art. 131 of the Consumer Code

09 - Complaints concerning invoices

10 - Limitation of liability

11 - Down payment

12 - Software rights

13 - Retention of ownership

14 - Invoices

15 - Conditions of payment

16 - Non-payments

17 - Solidarity

18 - Export restriction

19 - Use in a hazardous environment

20 - Jurisdiction and applicable law