CONDIZIONI GENERALI DI VENDITA_GENERAL SELLING CONDITIONS
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THIS SECTION ANTICIPATES THE MINIMUM CONTRACTUAL CONDITIONS IMPOSED BY THE COMPANY IN CASE OF SALES TO PROFESSIONAL TRADERS IN THE SECTOR; UNDER THE CONDITIONS SET FORTH HEREIN, THE
PARTIES MAY ONLY DEROGATE IN PRESENCE OF DIFFERENT WRITTEN CONTRACTUAL TERMS, TO BE NEGOTIATED AT THE SAME TIME AS THE SALES CONTRACT CONCLUDED BETWEEN THE PARTIES.
1. TERMINOLOGY
A) TARGET POINT NEW S.R.L. IS DEFINED AS “PRODUCER” OR “SELLER” OF THE GOODS LISTED IN THIS CATALOG, REGARDLESS OF WHETHER OR NOT THE PRODUCTION OF THE GOODS TAKES PLACE INTO THE COMPANY
B) CATALOG: THIS CATALOG CONTAINS THE GRAPHIC AND TECHNICAL REPRESENTATION OF TARGET POINT BRAND NAME AND PRODUCTION. IT DOES NOT CONSTITUTE A SALE OFFER AND IT IS VALID FROM 01.02.2018; THE
LISTINGS CONTAINED HEREIN DO NOT CONSTITUTE A BINDING COMMITMENT FOR THE SELLER, WHICH REMAINS FREE TO MAKE ANY CHANGES TO THE ENDOWMENT, TO THE AESTHETIC AND TECHNICAL CHARACTERISTICS
OF THE GOODS AT ANY TIME.
(C) CUSTOMER IS THE SOLE PROFESSIONAL OPERATOR, THE RETAILER - ALSO ONLINE - WHOSE PURCHASE IS INTENDED FOR RESALE TO THIRD PARTIES; THE CUSTOMER IS ALSO DEFINED IN THIS SECTION AS A
“RESELLER”.
D) FINAL CONSUMER IS THE CONSUMER ACCORDING TO THE CURRENT REGULATORY PROVISION.
E) GOODS: TARGET POINT® PRODUCTS MARKED BY TARGET POINT NEW S.R.L.
2. GENERAL SALE CONDITIONS AND CONCLUSION OF THE CONTRACT
THIS CATALOG IDENTIFIES THE MINIMUM SELLING CONDITIONS THAT MUST BE INTENDED AS FULLY RECALLED AND TRANSCRIBED IN THE SUBSEQUENT SALES CONTRACTS, EVEN IF NOT EXPRESSLY RECALLED THERE;
THE EXEMPTION TO THE TERMS HEREIN MUST BE EXPRESSLY STATED AND EXPLICIT IN THE SALES CONTRACT.
3. PRICE LIST - RETAIL PRICES
THE PUBLISHING OF THE NEW CATALOG SETS THE VALIDITY OF THE NEW PRICE LIST FROM 01.07.2020; ALL ORDERS RECEIVED AND CONFIRMED AFTER THE DATE OF PUBLICATION OF THIS CATALOG WILL BE GOVERNED
BY THE PRICE LIST CONTAINED HEREIN. ALL PREVIOUS PRICES ARE EXPRESSLY REVOKED AND / OR CANCELED.
THE PRICES QUOTED IN THE PRICE LIST ARE BINDING ON THE RETAILER, WHO IS OBLIGED TO FOLLOW THE PRICE INDICATIONS PROVIDED BY TARGET POINT NEW SRL; THE RETAILER IS FORBIDDEN TO PRACTICE PRICING
POLICIES THAT, BY REDUCING TOO MUCH PRICES OF THE PRESENT PRICE LIST, CREATE UNFAIR COMPETITION TO OTHER RETAILERS. THIS PROHIBITION IS ALSO INTENDED TO BE EXTENDED TO ONLINE DISTRIBUTORS,
WHO ARE GRANTED THE DISTRIBUTION AND SALE OF TARGET POINT BRANDED PRODUCTS ONLY IN THE PRESENCE OF SELECTIVE DISTRIBUTION CONTRACTS SIGNED WITH THE SELLER. THEREFORE, RESALE TO OTHER
PROFESSIONAL OPERATORS WILL ONLY BE PERMITTED AFTER THE WRITTEN APPROVAL OF TARGET POINT NEW SRL OR IN THE PRESENCE OF A SPECIAL CONTRACTUAL REGULATION.
4. VARIABLES ON THE MORPHOLOGICAL, TECHNICAL, AND MEASURE CHARACTERISTICS.
THE CATALOGS ARE PURELY ILLUSTRATIVE, AND FOR NATURAL FINISHINGS (WOOD, LEATHER, MARBLES, ETC ...) DIFFERENCES OR COLOR DISTORTIONS ARE TOLERATED WITH RESPECT TO THE PICTURES. THE MEASURES
INDICATED IN THE PRICE LIST REFER TO THE OUTER DIMENSIONS OF THE ARTICLES, THEY ARE EXPRESSED IN CENTIMETERS AND AN ENDEMIC POSSIBILITY OF DEVIATION AND/OR VARIATION WITH TOLERANCE OF +/- 1%
MUST BE CONSIDERED.
5. PRODUCT ITEM CARD - D. LGS N.206 OF 06.09.2005 AND FOLLOWING MODIFICATIONS
TARGET POINT NEW SRL, IN COMPLIANCE WITH ITALIAN ACT NO. 126 OF 10/04/91 AND D.M. N. 101 OF 08/02/97 AND, INSOFAR AS THIS IS NECESSARY, ALSO IN COMPLIANCE WITH THE REQUIREMENTS IMPOSED BY THE
CONSUMERS CODE, INSERTS IN ALL PACKAGES THE RELATED “ITEM CARD”, WHICH MUST BE HIGHLIGHTED ON THE GOODS DISPLAYED BY THE RETAILER. TARGET POINT NEW SRL DOES NOT ACCEPT ANY LIABILITY FOR
THE FAILURE TO DO SO BY THIRD PARTIES.
6. PRICES
THE PRICES OF THIS LIST ARE PUBLIC PRICES, VAT EXCLUDES. THE INDICATED PRICE DOES NOT INCLUDE THE SHIPPING COST AND DOES NOT INCLUDE THE ASSEMBLY COST. THE CHANGES IN PRICING IS MANDATORY IF
THERE WILL BE CHANGES IN TAXES AND DUTIES, INCLUDING IMPORT COSTS. IN ANY CASE, TARGET POINT NEW SRL RESERVES THE RIGHT TO MAKE CHANGES TO THE PRICES, EVEN IF NOT IMPOSED EX LEGE, WITHOUT
PRIOR NOTICE; ONLY THE ORDERS OF GOODS ALREADY CONFIRMED BY THE SELLER ARE EXCLUDED BY THE PRICE VARIATION.
7. DELIVERY - MODALITIES AND COSTS
A) THE GOODS WILL BE DELIVERED FOR SHIPMENT WITHIN THE DEADLINE INDICATED IN THE ORDER CONFIRMATION, AND, IN ANY CASE, AGREED WITH THE DELIVERY OFFICE; THIS TIME LIMIT IS NOT LESS THAN 30
DAYS FROM THE DATE ON WHICH THE ORDER WAS PROCESSED IN THE COMPANY AND CONFIRMED IN ITS ENTIRETY. ANY DELAYS DUE TO CAUSE NOT ATTRIBUTABLE TO THE VENDOR CAN NOT GIVE REASONS TO ANY
COMPENSATION. THE BUYER ACKNOWLEDGES THAT SOME GOODS ARE IMPORTED FROM ABROAD AND ARE AFFECTED BY LONGER SUPPLY TIMES.
DELIVERY CONDITIONS WILL BE COMMUNICATED THROUGH SEPARATE LETTER ON CUSTOMER REQUEST AT ANY TIME.
8. VARIABLES ON THE ORDER - CANCELING THE ORDER IN PROGRESS
IT IS CLEAR FROM NOW ON THAT UNDER NO CIRCUMSTANCES ARE POSSIBLE TECHNICAL ALTERATIONS OF THE MEASUREMENT AND FINISHING OF THE LIST ITEMS
IN THE SALES CONTRACT/ORDER CONFIRMATION WILL BE DETAILED THE INDIVIDUAL ITEMS THAT MAKE UP THE GOODS AS WELL AS THE DELIVERY AND PAYMENT TERMS, AS WELL AS ANY OTHER SERVICES. ANY
REQUESTS FOR CHANGES WILL BE REQUIRED - WITH PENALTY OF TERMINATION - WITHIN 4 WORKING DAYS FROM THE DATE OF ORDER CONFIRMATION; AFTER THIS DEADLINE THE OFFICES ARE NOT AUTHORIZED TO
MAKE CHANGES TO THE ONGOING ORDERS AND / OR CANCELLATIONS.
THE CHIEF EXECUTIVE OFFICER MAY ONLY, IF NECESSARY, INTERVENE BEYOND THE EXPIRY DATE AND ALLOW ANY CANCELLATION OF THE ORDER AT THE TIME OF SHIPMENT, WITH THE OBLIGATION FOR THE BUYER TO
PAY IN ANY CASE AN AMOUNT NOT LESS THAN 20% OF THE VALUE OF THE GOODS, EXCEPT FOR A DIFFERENT DETERMINATION BETWEEN THE PARTIES.
9. GRAVANTS ON RECEIVER AT THE TIME OF DELIVERY - CLAIMS
AT DELIVERY, THE BUYER MUST CHECK THE GOODS RECEIVED AND ISSUE A STATEMENT STATING THAT HE HAS RECEIVED THE REGULAR RECEIPT AND THAT HE HAS NOT FOUND ANY ABNORMALITIES ON THE GOODS
BEING DELIVERED. IN ANY CASE, ANY CLAIMS FOR ITEMS MUST, HOWEVER, BE RECEIVED BY DEFAULT WITHIN 8 DAYS OF THE RECEIPT OF THE GOODS; TARGET POINT NEW TERM WILL NOT ACCEPT ANY CLAIMS AFTER
THIS TERMS.
THE REQUEST FOR ASSISTANCE SHOULD BE SENT ONLY TO THE E-MAIL ADDRESS: HELP@TARGETPOINT.IT ACCOMPANIED BY PHOTOGRAPHIC DOCUMENTATION AND AN ANALYTICAL DESCRIPTION OF THE DEFECT. WE DO
NOT ACCEPT RETURNS FOR ERRONEOUSLY ORDERED MERCHANDISE.
THE COMPLAINT RECEIVED PROMPTLY AND ACCOMPANIED BY THE REQUESTED DOCUMENTATION WILL BE HANDLED BY THE COMPETENT OFFICES WHICH WILL SEND DETAILED INSTRUCTIONS ON HOW TO INSPECT,
VERIFY THE EXISTENCE OF THE IRREGULARITY AND / OR DEFECT AND HOW TO WITHDRAW IT; THE GOODS MAY ONLY BE RETURNED AFTER TARGET POINT NEW S.R.L’S WRITTEN AUTHORIZATION HAS BEEN ISSUED. AND
THEREFORE ONLY IF - AS A RESULT OF VERIFICATIONS –THE PRODUCER RECOGNIZES THE EXISTENCE OF VICES; THE MODE OF DELIVERY WILL BE MANAGED IN THE MANNER SPECIFIED IN THE FOLLOWING ART.10). WHERE
THE VICE, AT A SUMMARY EXAMINATION, IS NOT ATTRIBUTABLE TO A PRESUMED CONSTRUCTION DEFECT, TARGET POINT S.R.L. WILL NOT WITHDRAW THE GOODS AND WILL REQUIRE THE FULL PAYMENT OF THE PRICE.
10. RETURNS
THE MERCHANDISE MAY ONLY BE RETURNED UPON PRIOR WRITTEN PERMISSION FROM TARGET POINT NEW S.R.L. AND THEREFORE ONLY IF - AS A RESULT OF VERIFICATIONS – THE PRODUCER RECOGNIZES THE
EXISTENCE OF VICES. THIS FACULTY IS ONLY RECOGNIZED BY THE CHIEF EXECUTIVE OFFICER OR PERSON AND / OR OFFICE EXPRESSLY AUTHORIZED TO ISSUE THE RETURN FORM. GOODS RETURNED WILL NOT BE
ACCEPTED IF THEY ARE NOT ACCOMPANIED BY THE RETURN FORM. ANY ACKNOWLEDGMENT OF DEFECTS AND / OR DISADVANTAGES RENDERED BY THE RETAILER IN FAVOR OF THE FINAL CONSUMER DOES NOT IN ANY
WAY BIND TARGET POINT NEW S.R.L. TO ACCEPT ANY COMPLAINT, AND THEREFORE NO CHARGE WILL BE ACCEPTED BY END-USERS AND / OR CONSUMERS FOR ANY REDRESS, PENALTIES, LEGAL FEES, MATERIAL AND
/ OR MORAL DAMAGES, ETC. FOR ANY REASON.
THE MATERIAL TO BE RETURNED MUST BE SHIPPED AT THE BUYER’S EXPENSES WITHIN 60 DAYS MAXIMUM. FROM THE DATE OF ITS AUTHORIZATION. RETURNS MUST ALWAYS BE ACCOMPANIED BY OUR RETURN
AUTHORIZATION FORM (RETURN FORM). IF THE GOODS FOR WHICH THE RETURN WERE AUTHORIZED WERE NOT RETURNED WITHIN 60 DAYS, TARGET POINT NEW S.R.L. RESERVES THE RIGHT TO REVOKE THE AUTHORIZATION
TO RETURN THE GOODS, AND TO PROCEED WITH THE PAYMENT REQUEST. THE EXISTENCE OF AN ONGOING RETURNING PROCEEDING DOES NOT CONSTITUTE AN OMISSION AND DOES NOT AUTHORIZE THE SUSPENSION
OF PAYMENT BY THE CUSTOMER. IN THE EVENT OF DAMAGE NOT ATTRIBUTABLE TO THE VENDOR OR IN THE EVENT OF DAMAGE DURING TRANSPORT DUE TO MISSING AND / OR INSUFFICIENT PACKAGING, TARGET
POINT NEW S.R.L. RESERVES THE RIGHT TO CHARGE ANY REPAIR COSTS TO THE CUSTOMER; ANY GOODS SENT IN REPLACEMENT WILL BE REGULARLY BILLED AND A CREDIT NOTE WILL BE ISSUED TO COMPENSATE THE
REPLACEMENT INVOICE.
11. PAYMENTS
TARGET POINT NEW SRL RESERVES THE RIGHT TO SUSPEND DELIVERIES IN ANY CASE OF DEFAULT, EVEN PARTIAL, BY THE BUYER WITH RESPECT TO THE AGREED PAYMENT TERMS. ANY PAYMENT OR DISCOUNT
CONDITION GRANTED AT THE TIME OF ORDER CONFIRMATION , MAY BE REVOKED AS A RESULT OF LATE PAYMENT IN ACCORDANCE WITH ARTICLE 1186 C.C. . IN ACCORDANCE WITH THE PROVISIONS OF D.LGS. 192 OF THE
2012 MODIFICATION OF D.L. 231 OF 2002, LATE PAYMENTS WILL BE CHARGED AGAINST THE CURRENT DEFAULT RATE.
12. CONSENT TO THE USE OF PERSONAL DATA - COMMUNICATION IN ACCORDANCE WITH D.LGS. N.196 / 2003 ON TREATMENT OF PERSONAL DATA
THE PERSONAL DATA PROVIDED WILL BE HANDLED MANUALLY OR BY MEANS OF COMPUTER SYSTEMS IN FULL COMPLIANCE WITH D.LGS. N. 196/2003. THESE DATA WILL BE USED TO CREATE A MAILING LIST TO GUIDE
SPECIFIC SELLER INITIATIVES TO THE BUYER. THE PROVISION OF DATA IS OPTIONAL. IT IS INFORMED THAT ACCORDING TO THE LAW, THE DATA SUBJECT HAS THE RIGHT TO CONFIRM THE EXISTENCE OF THE DATA
CONCERNING HIM, TO DELETE THEM IF ILLICITLY COLLECTED, TO CORRECT THEM AND TO UPDATE THEM TO OPPOSE - FOR LEGITIMATE REASONS - COMMERCIAL INFORMATION, ADVERTISING MATERIAL, DIRECT SALES,
MARKET RESEARCH AND / OR INTERACTIVE BUSINESS COMMUNICATIONS. HOLDER OF RIGHTS IS TARGET POINT NEW S.R.L.