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This website is owned by Q-railing Europe Holding GmbH, with registered and administrative office at Via Monte Pastello 18-20, 37057 San Giovanni Lupatoto (VR) Italy, VAT No IT03689890238, a company registered in Verona (Italy) with Company No 357199 Phone No:+39 045 8220042 Fax: +39 045 8266331 E-mail: firstname.lastname@example.org hereinafter ‘the Company/the Supplier’.
For the purposes of these Terms and Conditions of Sale on this website, the following terms will have the meaning given below:
1.1 ‘Terms and Conditions of Sale’: all the conditions of sale on the website www.Q-railing.com, applicable to the contractual relationship between the Supplier and the Customer.
1.2 ‘Q-railing’ or the ‘Supplier’ or the ‘Company’: the owners of the www.Q-railing.com website, who intend to sell via the Internet, in Italy and the Republic of San Marino only, their range of products to market professionals for the performance of their own professional activity.
1.3 ‘Products’: all the products, goods and services marketed by the Company on this website.
1.4 ‘Customer’: the purchaser of the Products, meaning by this the natural or legal person who undertakes the purchase for purposes relating to their professional and trading activity.
1.5 ‘Website’: the set of web pages available on the Internet at the web address www.Q-railing.it
1.6 ‘Online Sales Contract/Contract’: every single contract/legal transaction entered into by the Company and the Customer, the object of which are the Products promoted on this website.
1.7 ‘Order’: the fulfilment on behalf of the Customer of all the operations specified on the website for the purpose of purchasing the Products, as indicated on the website itself.
1.8 ‘Order Confirmation’: the statement sent by the Supplier to the Customer upon receipt of the Order; this is valid as acceptance of the contract proposal and marks the conclusion of the Online Sales Contract.
§2 Subject of the contract
2.1 The purchase agreement (‘Online Sales Contract’) regulated by these Terms and Conditions of Sale is an agreement undertaken remotely, relating to the products promoted on the Website. It is entered into between Q-railing and the Customer via the sales system set up by the Company. The Online Sales Contract is regulated by Legislative Decree No 185 of 22/05/1999 concerning distance selling, since it is concluded away from trading premises.
§3 Conclusion of the contract
3.1 Transmission of the Order by the Customer implies full acceptance of the Terms and Conditions of Sale as stated on this website.
3.2 Each Order sent to the Supplier must be filled in every section, and must contain the elements necessary for the correct identification of the Customer, the products ordered and their delivery destination.
3.3 The Order to the Supplier is valid as an offer to enter into a contract made by the Customer via the Internet.
3.4 The Supplier’s Order Confirmation, sent to the email address provided by the Customer, confirms the Order information and is valid as acceptance of the contract.
3.5 The Contract is concluded and binding upon both parties, once the Order Confirmation has been sent to the Customer.
3.6 The Company reserves the right, at their sole discretion, not to accept orders that are incomplete or incorrectly filled-in.
§4 Delivery terms
4.1 The Supplier undertakes to deliver the Products set out in the Order to the Customer by means of trusted couriers, forwarders, or the Supplier’s own agents.
4.2 Except for the provisions contained in these Terms and Conditions of Sale, in articles 6, 6.1 and 9, 9.1 below, delivery times, according to the provisions of article 6 of Legislative Decree No 185/1999, will not exceed 30 working days starting from the day after the Order has been transmitted.
4.3 Delivery of the Products is subject to the payment by the Customer of their selling price.
4.4 Unless special exceptions are provided for in the Order Confirmation, goods and materials will be supplied ex works. If not otherwise agreed, they will travel on behalf of and at the risk of the Customer even if the customer is not charged for delivery.
4.5 Fiscal documentation will be issued by the Company on the basis of the information entered by the Customer when issuing the Order.
5.1 All selling prices for the Products featured on the Website are denominated in euros.
5.2 Unless otherwise stated, prices for the Products are exclusive of VAT and of every other duty, and do not include freight charges, which will be indicated from time to time upon acceptance of the Order.
5.3 Prices for individual Products, as featured on the Website from time to time, cancel and substitute the prices that were previously indicated.
5.4 The prices applicable are those featured on the Website when the Order is issued by the Customer and as stated on the Order Confirmation issued by the Supplier.
5.5 The Supplier reserves the right to unilaterally modify the prices featured on the Website in the case of force majeure or other causes not attributable to the Supplier, and the Customer hereby waives any claim concerning them.
§6 Product features and availability
6.1 Products will not be supplied for trial purposes. The Customer is responsible for the choice of Products ordered and for ensuring that they meet their requirements.
6.2 Product images are featured on the Website for illustration purposes only and are not binding for the Supplier as assurance of technical features.
6.3 The Supplier may at any time modify the products’ technical specifications, and this will not allow the Customer to raise any exception thereupon.
6.4 Should an Order exceed the quantities in stock, the Company will accept the purchase for the quantity available and notify the purchaser via email about the future availability of the said product and the planned schedule for its procurement; the Company undertakes to comply with the procurement deadline stated, but such a deadline will not be binding.
7.1 Unless special exceptions are provided for in the Order Confirmation, testing is understood to mean the trial performed at our manufacturing plant before despatch, according to our quality standards.
7.2 Should any other testing besides that performed at our manufacturing plant be required, it will be undertaken at the purchaser’s own expense.
8.1 Unless otherwise agreed by the parties in the Order Confirmation, the warranty period is 12 months from delivery and expires at the end of such term, even if for any reason the materials have not been put into operation.
8.2 Such warranty is intended as the obligation to execute repairs free of charge and to substitute any defective piece of equipment delivered free of any charge. All defects must be reported in writing within 8 days of their discovery.
8.3 With regards to materials supplied but not manufactured by us, the manufacturer’s warranty is to be considered valid in any instance.
8.4 Any other compensation such as claims for damages or decreases in price by the Customer is excluded.
8.5 This warranty does not include any and all Products subject to wear and tear or consumables, such as and not limited to, screws, adhesives and stainless steel cleansers.
8.6 Damage caused by neglect is also excluded from this warranty.
8.7 This warranty will become void should the Customer order, or allow persons not authorised by the Supplier to perform, any repair, intervention or modification to the goods, or if the same goods are used under conditions that are different from those for which they have been manufactured and tested, or if any consumable material different from that advised by the manufacturer has been used.
8.8 Substitution of defective components at the Customer’s premises, the technicians’ labour services and any travel and accommodation expenses incurred by them will be charged to the Customer.
8.9 The Customer will not be due any compensation for the time during which the product has not been operational. Any warranty claims must be addressed directly to the Supplier by registered letter with return receipt.
§9 Liability of Q-railing
9.1 Q-railing will not be liable for disruptions attributable to force majeure of any type or nature, arising from their inability to fulfil the required provision of goods within the time agreed to and indicated in this contract. As an example and not limited to these instances, by force majeure we mean measures taken by the Public Authorities, strikes by Q-railing employees or by those of third party companies or of carriers used by Q-railing, as well as any other circumstances beyond Q-railing’s control or independent from it.
§10 Obligations of the customer
10.1 The Customer undertakes, once the Online Sales Contract procedure has been completed, to print and store these Terms and Conditions of Sale.
10.2 The information contained in the Terms and Conditions of Sale and the notices pursuant to Legislative Decree No 196/2003 (processing of personal data) must be reviewed and accepted by the Customer before transmitting the Order, in order to comply fully with the condition as per articles 3 and 4 of Legislative Decree No 185/1999. Acceptance is confirmed by marking the dedicated area on the website. Without this, it will not be possible to fulfil the Order.
§11 Right of withdrawal
11.1 The right of withdrawal will apply, pursuant to existing regulations, only to natural persons (consumers) acting for purposes which may be considered unrelated to their professional activity. Purchases made by retailers, companies and natural persons acting for purposes connected to a professional activity will therefore be excluded from the right of withdrawal.
11.2 Within the previous sub-section’s limitations, the right of withdrawal must be exercised within 10 days from receipt of the Product featured in the Order, by returning the goods the withdrawal refers to the Supplier, who will reimburse their price.
11.3 The provisions of the previous two sub-sections for exercising the right of withdrawal notwithstanding, the Customer (consumer) must get in touch with the Supplier’s Customer Service department, indicating the invoice details. In the case of a partial withdrawal, besides the purchase invoice, Customers must also indicate the code for the Product(s) purchased which they intend to return. Within 48 hours of this notification, the Customer will also need to submit, via registered letter or fax, a signed written statement expressing that they wish to exercise the right of withdrawal, and summarising all the information indicated above, to: Q-railing Europe Holding GmbH.
11.4 Once an authorisation for the return of the goods has been obtained, within 15 calendar days Customers will forward at their own expense the Product(s) (and any associated goods) for which the withdrawal right has been exercised. The products returned must be in pristine condition, unused and stored in their original packaging. Under no circumstances will packages despatched on a cash on delivery or freight collect basis be accepted.
§12 Electronic payment
12.1 Payments made by credit card or other electronic means will be collected through a secure connection, linked directly to the authorised bank that manages the payment service, with which the Company has entered into an agreement. The Company will not acquire any of the Customer’s credit card data, and cannot be held liable for any fraudulent use of the latter.
§13 Changes to these terms and conditions
13.1 The Company reserves the right to modify the rules that govern these Terms and Conditions of Sale, as well as the economic conditions applicable. Any variation that is unfavourable to the Customer will be notified by means of emails to the latest address notified. In the case of changes going to the detriment of the Customer, the latter, within 15 days from receipt of the notification in question, may withdraw from the Online Sales Contract by notifying the Company via email. Failing this, the changes will be deemed as accepted.
§14 Problems with viewing the website
14.1 It is the responsibility of the Customer to equip themself with devices and software suitable for connecting to the Internet. Should the Customer fail to continue viewing the Website, wholly or partly, no charge or liability can be attributed to the Supplier.
§15 Service interruption
15.1 The Supplier reserves the right to take all or part of the Website’s functions offline in relation to any need connected with the website’s efficiency and security and, unless for reasons of extreme urgency, it will notify the Customers about this as soon as possible, by any appropriate means.
§16 Disputes and applicable law
16.1 Any dispute related to the application, execution, interpretation and breach of the Online Sales Contract entered into by the Customer with Q-railing is subject to Italian jurisdiction.
16.2 In any instance that is not expressly regulated by this Contract, the laws applying to the relationships and cases in point featured in the legislation existing at the time of the conclusion of the Online Sales Contract will be applicable.
16.3 The Court of Verona (Italy) has jurisdiction.
16.4 Pursuant to articles 1341 and 1342 of the Civil Code, the Customer states that they have carefully read each clause of the above Terms and Conditions and, after careful re-reading, declares that they expressly accept all of them.
Q-railing Europe Holding GmbH - Filiale Italia
Via Monte Pastello 18-20
37057 San Giovanni Lupatoto