CONDIZIONI GENERALI DI VENDITA
ORDERS
Orders passed to intermediaries, sales agents or directly in the farm, come from
CONTE GROUP s.r.l. (hereinafter “Conte Group”) taken with the specific clause
“unless approved by the seller.”
ORDER CONFIRMATION AND DELIVERY
Conte Group will send each order confirmation (or, upon the Customer’s request, a
Proforma Invoice) indicating the approximate delivery time to the Customer, noting
the agreed terms of payment and any other conditions. The Customer must return
a signed copy within 2 working days, thereby fully accepting these general terms
and conditions, to which no deviations are permitted unless explicitly agreed upon
in writing. If approval is received after the stated timeframe, Conte Group may
consider the order canceled or revise the delivery terms accordingly.
An accepted Order Confirmation (or Proforma Invoice) is considered irrevocable.
The parties expressly agree that the Customer must accept delivery and make full
payment as stipulated in the accepted document. Requests for particular formats
or products will be evaluated individually. In case of advance payment, the Order
Confirmation or Proforma Invoice becomes effective upon receipt of payment.
Goods travel at the Customer’s risk, even if sold with carriage paid.
It is the Customer’s responsibility to check the condition of the goods upon delivery
and promptly lodge any complaints with the carrier. Delivery times are indicative
only and are not binding. Delays cannot be grounds for cancellation, changes to
agreements specified in the Order Confirmation or Proforma Invoice, or claims
against the manufacturer.
TRANSPORT
Condition and transport terms will be defined time by time with the order
confirmation issued by Conte Group.
PRODUCTS
Products are those listed by type in the current catalog. Conte Group may make
changes to its products to update technology or enhance quality without notifying
the Customer. Product dimensions are provided in centimeters; minor variations in
length, width, and height are possible due to manufacturing processes.
The product range primarily consists of natural materials subject to natural
oxidation (slight color changes) over time; this does not affect product properties.
For technical product characteristics and materials, refer explicitly to the current
catalog and the Guarantee Certificates – guarantee terms, use, and maintenance
instructions provided with each product.
CUSTOM-MADE PRODUCTS AND DELIVERY TIMES
Requests for products with non-standard sizes and finishes will be evaluated from
time to time by Conte Group; where it is possible to satisfy these requirements,
the additional cost and the approximate times of delivery will be communicated.
PRICE LIST
The prices indicated on the current price list do not include VAT and represent the
suggested prices from Conte Group to its dealers.
GUARANTEE - CLAIMS - RETURNS
Conte Group guarantees its products according to the European Directive
1999/44 / CE carried out in Italy by Legislative Decree No. 24/2002 which refers
to a guarantee of two years, if the product is described fiscally as sold to private.
The guarantee protects any hidden defects of the product, recognized by Conte
Group, with the exception of defects caused by improper use (knocks, cuts, wrong
washes, mould and stains of any kind and type) and/or by a poor
maintenance management, as per Use and Maintenance Terms found with the
product. Specific guarantee terms, claims, returns, and maintenance instructions
are provided in the “Guarantee Certificate – Guarantee, Use and Maintenance
Terms” delivered at purchase. In case of non-compliance of any kind, the claim
must be forwarded in writing no later than 5 days after receipt. In cases recognized
under guarantee by Conte Group, if necessary, the product must be returned, and
if the same materials used in production are not available, Conte Group reserves
the right to use equivalent materials or models.
The responsibility of Conte Group, in relation to defective products, does not
extend in any case more than the replacement of the defective goods; will not be
accepted requests for damages or penalties of any sort. The guarantee is valid only
for the first customer who purchases from authorized retailers or selected dealers.
The guarantee is valid from the date of purchase indicated on the invoice, provided
that the buyer activates it by fully completing the attached form and sending it to
Conte Group, along with a copy of the invoice, within 30 days of the purchase. In
cases covered by the guarantee, the customer must provide a detailed description
of the defect found, along with photographic documentation. The guarantee
does not cover defects resulting from improper use of the product, negligence or
carelessness in use, failure to follow the instructions for use and maintenance, or
damage caused during transportation or due to accidental circumstances or force
majeure. Typical natural imperfections in materials that do not compromise the
functionality of the product are excluded from the guarantee. The guarantee does
not cover mold or any imperfection resulting from non-compliant environmental
conditions and storage. Free goods are not covered by any guarantee.
The effects of the guarantee are void if the product is handled or tampered with by
unauthorized third parties. Guarantee repairs will be carried out by Conte Group
or specifically designated parties. All costs incurred for repairs carried out by third
parties, not authorized by Conte Group, will not be refunded.
Defects caused by repairs carried out by third parties or by the customer are
excluded from the guarantee.
Returns for any reason must be authorized by Conte Group; the return necessarily
implies a suitable packaging. We do not accept return merchandise without prior
authorization by Conte Group.
PAYMENTS
The payment terms are agreed at the time of order, in written form.
Each consignment is to be considered independent of the others to the effects of
the payment. The delay in payment by the purchaser authorizes Conte Group to
suspend any other due delivery. Any dispute that could arise between the parties,
also relating to the permitted and accepted guarantees, will not lead any extension
of the agreed payment terms, nor the right to suspend or modify them, and any
action of the Client can’t be considered prosecutable if the same will not try to be
up to date with payments.
DELAY IN PAYMENT
In case of delay in payment, it will apply the commercial interest for late payment,
as required by law. In case of a dispute, the buyer has no right to delay or refuse
payment of supplies due. Sales with deferred payment are made with reservation
of ownership by the manufacturer until payment obtained.
TOLLING AGREEMENT
Conte Group accepts commissions “tolling agreement” only on solid color fabrics
and in any case not on leather goods. Conte Group reserves, in any case, the right
to consider exceptional requests and formulate estimates relating to delivery times
and costs.
USE OF TRADEMARK AND DISTINCTIVE ELEMENTS
The use of the trademark, logo and the domain name given on the basis of any
specific contractual agreements in writing, it is to be understood strictly limited to
what is established in them. Any substantial misuse and abuse in any case contrary
to the principle of fairness and good faith, represents a violation of civil law and
special ones in the field of industrial property (Italian Legislative Decree. No. 30
of 2005 “Code of Industrial Property”) and, as such, they are prosecuted and
sanctioned. The exclusive ownership of the economic exploitation rights from its
products is only up to the owner of the mark and, therefore, the sale is prohibited
through channels -also advertising- not specifically authorized.
PRIVACY
The personal data requested during the placing order are collected and processed
to meet the expressed demands of the purchaser and will not in any case and
for any reason sold to third parties. Conte Group guarantees its customers the
compliance with rules on the processing of personal data covered by the Privacy
Code (EU Regulation No. 2016/679 - GDPR 2016/679). The holder of the data
treatment is “CONTE GROUP S.r.l.”. The customer may request, as required by the
mentioned law, the confirmation of the existence of data, their vision, integration,
updating and deletion.
JURISDICTION
The resolution of any dispute relating to this contract shall be referred, conventionally
and exclusively, to the competent Judicial Authority within Altamura (BA) Italy.
