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Online Sales Agreement – Companies (non-consumers)

General Terms and Conditions for Online Sale by CIS

Identification of the Supplier

Goods object of these general terms and conditions are made available for sale by CIS S.r.l. with seat in Pogno (NO), Italy, Via Papa Giovanni XXIII n.6, tel. +39 0322-950116, fax +39 0322-950864, e-mail info@cis-spareparts.com, registered with the Chamber of Commerce of Novara under n. 02151270036 of the Registry of Companies, fiscal code and VAT number 02151270036, hereinafter referred to as "Supplier"

Art. 1 - Definitions

  • 1.1. The term "Online Sales Agreement for Online Sales" refers to the sales agreement related to the Supplier's material movables, stipulated between the Supplier and the Buyer within a remote sale system by means of telematic tools and provided through the Supplier's website www.cis-spareparts.com.
  • 1.2. The term "Buyer" refers to all subjects owning a one-man business, company or corporation – i.e. non-consumers –buying the Supplier's products from the same within their own professional activity; Consumers as identified by Law Decree 06.09.2005 n. 206 and sub. amendments are expressly excluded from these Sales Terms and Conditions.
  • 1.3. The term "Supplier" refers to the subject as indicated above, that is the information service provider.
  • 1.4. The term "Products" refers to the material movables described and sold on www.cis-spareparts.com.

Art. 2 - Object. Minimum Purchase Quantity

  • 2.1. By this contract, the Supplier sells and the Buyer remotely purchases, by means of the telematic tools made available by the Supplier, the Products.
  • 2.2. Purchase is reserved to non-consumer subjects (dealers, wholesalers, retailers, professionals, etc.) operating worldwide and who intend to sell the purchased products to third parties.
  • 2.3. Purchase orders shall have a minimum amount of 50.00 Euro, VAT excluded.
  • 2.4. For orders lower than € 50.00 will be charged a fee for the expenses of €20
  • 2.5. Products defined in the previous point 2.1 are shown on the website page www.cis-spareparts.com. The product descriptions and pictures as well as the indications given for shape, performance, use and features, are only explanatory.
  • 2.6. The Supplier has the right to withdraw from any possible obligation undertaken in case of manifest errors or imprecisions regarding the products sold on the www.cis-spareparts.com website.
  • 2.7. For online orders over 200 € (200$ if you purchase in dollars) will be granted a discount of 2 % of the total value of the purchase order and for online orders over 500 € (500$ if you purchase in dollars )will be granted a discount of 3 % of the total value of the purchase order.

Art. 3 - Contract Stipulation Provisions

  • 3.1. The contract between the Supplier and the Buyer is stipulated exclusively through the Internet when the Buyer accesses www.cis-spareparts.com, where, by following the procedures indicated therein, written both in English and Italian, the Buyer will formalize the offer for the purchase of the goods as of art. 2.1.
  • 3.2. The Buyer, by telematically sending the purchase order, will unconditionally accept and commit to comply with the general terms and conditions and payment conditions set forth by this contract for his relationships with the Supplier.
  • 3.3. The Supplier will not be bound by terms and conditions other than those set forth by this contract unless previously agreed upon in writing.

Art. 4 - Closure and Efficacy of the Contract

  • 4.1. The purchase contract is closed by properly filling in the application form and purchase authorization expressed through the acceptance sent online, by displaying a printable order summary web page including the buyer's details and order data, the price of the purchased item, shipment costs and additional charges provided for, if any, payment terms and conditions, delivery address and date.
  • 4.2. Upon receipt of the Buyer's order, the Supplier will send email including the printable order confirmation and summary as well as the data defined by the previous point.
  • 4.3. Failing compliance with the previous clause, the contract will not be deemed as valid and effective.

Art. 5 - Payment Terms and Conditions

  • 5.1. The Buyer shall place all payments exclusively through one of the methods indicated by the Supplier on www.cis-spareparts.com.
  • 5.2. The Buyer will enter the bank details related to payments, as well as the order summary, through a dedicated line featuring SSL encoding and directly handled by the bank itself, that cannot be intercepted by external subjects.
  • 5.3. The Supplier shall not save the above data on any digital means.

Art. 6 - Delivery Time & Conditions

  • 6.1. The Supplier will deliver the selected and ordered goods according to the conditions chosen by the Buyer or indicated on the website upon offer of the item, as well as confirmed by email as set forth by art. 4.2.
  • 6.2. An envelope containing the invoice and the transportation documents, along with assembly instructions where applicable, will be enclosed to all shipments.
  • 6.3. Delivery shall be carried out within the term indicated on the order, as accepted in the confirmation email according to art 4.2 or, failing indication of such term on the order, within 60 days starting from the first working day subsequent to sending of the confirmation email as set forth by art 4.2. Delivery terms are to be intended just as an indication and will not be binding as set forth by art. 1457 of the Civil Code and will not in any case provide for transportation times.
  • 6.4. Save for the provisions set forth by art. 6.3 above, the Supplier shall not be held liable in case of delays or failure to deliver due to circumstances that may be out of his control, such as, including but not limited to, inadequate technical data, imprecisions or delays by the Buyer in transmitting information or data required for shipment of the Products, difficulties in obtaining raw materials, problems related to production or planning of orders, partial or total strikes, lack of electricity power, natural disasters, special measures imposed by public authorities, transportation issues, causes of force majeure, disorders, terroristic attacks and all other causes of force majeure, courier's delays, etc.
  • 6.5. Occurrence of any the a/m events will not entitle the Buyer to claim for possible damage or compensation of any kind.

Art. 7 - Shipments

  • 7.1. The goods will be sold ex warehouse and will travel at the Buyer's risk, even if sold free delivery.
  • 7.2. The supply obligation will be therefore complied with upon delivery of the goods by the vector.
  • 7.3. The Supplier will not be held responsible for inconveniences deriving from delays or errors caused by the vector, to whom the Buyer will have to address all claims.
  • 7.4. The Supplier will be held responsible for thefts or damages connected to transport only when the same chooses the vector; in this case the Supplier shall resend the goods to the Buyer for its entire value upon written certification by the vector.
  • 7.5. In any other case, the Buyer shall inspect the incoming goods and claim any possible damage directly to the vector, even when goods are shipped FOB.

Art. 8 - Prices

  • 8.1. All sale prices of the displayed products and indicated on www.cis-spareparts.com, are expressed in Euro and offered to the public according to art. 1336 of the Civil Code; the official quotation is therefore in Euro, but US dollars quotation is also provided for; the Euro quotation will be however considered as the calculation basis for quotations in US dollars.
  • 8.2. The a/m sale prices are net of VAT and any other tax. Shipment, delivery and mailing fees as well as any other additional charges, if applicable and not included in the purchase price, will be indicated in the purchase procedure before forwarding of the order by the Buyer and also set out on the executed order summary web page.
  • 8.3. Prices indicated next to each item offered to the public will be valid up to the date indicated on the catalogue.
  • 8.4. The Supplier expressly reserves himself the right to propose promotional initiatives on specific catalogue products indicated from time to time and with special characters.

Art. 9 - Product Availability

  • 9.1. The Supplier will guarantee processing and execution of orders by telematic system with no delay. For such purpose he will indicate in real time the number of available and unavailable products, as well as shipment times on his electronic catalogue.
  • 9.2. Should an order exceed the quantity in stock, the Supplier will notify the Buyer by email if the item is no longer order, i.e. the time required to obtain the selected goods, and asking the Buyer if he intends to confirm the order.
  • 9.3. The Supplier's IT system will confirms the executed order registration in the shorter possible time, forwarding an email confirmation to the Buyer according to art. 4.2.

Art. 10 - Liability Exclusion

  • 10.1. The Supplier will not be held liable for inefficiencies due to force majeure in case of unsuccessful execution of orders within the times provided for by the contract.
  • 10.2. The Supplier will not be held responsible toward the Buyer, save for wilful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet out of his own or his subcontractor's control.
  • 10.3. The Supplier will also not be held liable for damages, losses and costs suffered by the Buyer for failed execution of the contract due to causes not ascribable to him, the Buyer having the only right of total refund of the price paid and any ancillary costs.
  • 10.4. The Supplier will not be held liable for fraudulent and illicit use by third parties of credit cards, bank cheques and other payment means to pay the purchased products, as long as he proves to have adopted all the possible precautions based on the best technology and experience of the time and based on ordinary diligence.
  • 10.5. The Buyer will never be held liable for payment delays or issues as long as he proves to have placed the payment within the times and methods provided for by the Supplier.

Art. 11 - Non Compliance

  • 11.1. Differences n the Products delivered to the Client regarding the type and quantity indicated by the Order must be notified in writing to the Supplier within eight days from delivery. Failing such notice within the a/m term, the delivered Products will be considered as complying with the ones ordered by the Buyer.

Art. 12 - Garanzia

  • 12.1. The Supplier will offer a one-year guarantee on the Products starting from the date of delivery of the same to the Buyer; though perfect interchangeability of coffee machine spare parts is guaranteed, the Supplier states and specifies that the same are not original parts; the indicated brands are shown only for reference and belong to their respective owners.
  • 12.2. The Buyer will be responsible for proper installation, activation and use of the Products, and shall comply with the regulations, certifications and specific laws related to the same.
  • 12.3. The warranty will not cover the Products which defects are due to:
    - damages caused during transport;
    - misuse or improper use of the same, including the use of corrosive and/or chemical substances;
    - non-observance of the Supplier's instructions for activation, care and preservation of the Products;
    - repairs or modifications carried out by the Buyer or by third subjects without the Supplier's written consent.
  • 12.4. Should the Buyer notify the faults and/or defects during the warranty coverage period and according to the methods and terms set forth by this article, the Supplier pledges, at his own discretion and once verified the grounds of the claim, to replace or repair all Products or parts of the same affected by the a/m faults or defects.
  • 12.5. The Buyer shall notify in writing the faults or defects to the Supplier, by filling in the CIS Claim Form available on www.cis-spareparts.com, or by registered letter, filling in the CIS Claim Form enclosed to the shipment documents, within 8 days from delivery of the Products in case of evident faults or defects, or within 8 days from discovery in case of hidden faults or defects not noticeable by a person of average diligence.
  • 12.6. The Products object of the claim shall be immediately sent to the Supplier at the following address:
    CIS S.r.l., Via Papa Giovanni XXIII n. 6, 28076 Pogno (NO) - Italy
    or to any other location that he shall indicate from time to time, all costs and expenses charged to the Buyer; so as to enable the required controls. The warranty will not cover damages and/or defects deriving from faults caused by, or connected to, parts assembled/added directly by the Buyer Client or by the final consumer.
  • 12.7. Holding firm the provisions of which at art. 12.3 above, and save for cases of wilful misconduct or gross negligence, the Supplier will not be held liable for damages arising from and/or connected to defects of the Products. However, the Supplier will not be held responsible for indirect and/or consequent damages such as, for example, loss of earnings.

Art. 13 - Buyer's Obligations

  • 13.1. The Buyer pledges to pay the price of the purchased goods within the time and conditions set forth by this contract.
  • 13.2. The Buyer pledges to print and keep this contract once concluded the online purchase procedure.
  • 13.3. The information contained in this contract have already been read and accepted by the Buyer who acknowledges it before purchase confirmation.

Art. 14 - Grounds for Termination

  • 14.1. Pursuant to and by effect of art. 1456 of the Civil Code, the Supplier will have the right to terminate a single Sale in case of non-fulfilment of the obligations as set forth by articles 8 (Prices) and 13.1 (Payment of the Price), at any time by written notice to the Buyer.

Art. 15 - Change of the Buyer's Patrimony Status

  • 15.1. Should the Buyer's patrimony status become such as to put at serious risk the fulfilment of the counter-performance, the Supplier will be entitled to suspend his obligations deriving from the Products Sale according to art. 1461 of the Civil Code, save for submission of adequate warranty.

Art. 16 - Privacy Protection and Treatment of the Buyer's Data

  • 16.1. The Supplier protects his clients' privacy and guarantees a data treatment complying with the privacy regulations in force as set forth by Law Decree June 30 2003, n. 196.
  • 16.2. The personal and fiscal data acquired directly and/or through third parties by Cis S.r.l., owner of the treatment, will be collected and treated with paper, IT, telematic means, according to the treatment methods and with the purpose to record the order and implement the required procedures for the execution of this contract and related communications, as well as fulfilment of law obligations, and to ensure an effective management of the commercial relationships required to perform the service in the best possible way. (art. 24, par. 1, Letter b, L.D. 196/2003).
  • 16.3. The Supplier pledges to treat and protect the data and information transmitted by the Buyer without disclosing them to unauthorized persons, nor to use them for purposes other than those for which they have been collected or transmit them to third parties. The data can be disclosed only upon request by the Legal Authority i.e. other authorities authorized by law.
  • 16.4. The personal data will be disclosed, upon signing of a data confidentiality agreement regarding the same, only to subjects entrusted to perform the activities required for the execution of the stipulated contract and communicated exclusively for such purpose.
  • 16.5. The Buyer is entitled to the rights of which at art. 7 of L.D. 196/2003, i.e. the right to obtain:
    a) updates, amendments, that is, when he has the interest, data integrations;
    b) cancellation, transformation in anonymous form or blocking of the data treated by infringing the Law, including those for which preservation is not required based on the purposes for which the data has been collected or subsequently treated;
    c) proof that the operations defined by letters a) and b) have been notified, also including their content, to those to whom the data have been communicated or disclosed, save for impossibility to fulfil such obligation or need to adopt means clearly disproportionate with regards to the protected right. The interested party will also have the right to deny consent, totally or in part: i) for reasons legitimate to the treatment of his personal data, even if pertinent to the collection purpose; ii) to the treatment of his personal data for advertising material, direct sale, market surveys or commercial communications.
  • 16.6. Communication of the Buyer's own personal data is required for the correct and prompt execution of this contract. Failing such condition, the Buyer's request will not be processed.
  • 16.7. However, the acquired data will be preserved for a period not exceed the time required for the purposes for which they have been collected or subsequently treated. Their removal will be performed in a safe manner.
  • 16.8. The Supplier is the owner of the personal data collection and treatment and the Buyer may address to the Supplier's seat all requests.
  • 16.9. All materials received by the Centre postal (and email) address (requests, suggestions, ideas, information, materials, etc.) will not be considered as confidential information or data, it shall not infringe others' rights and it shall contain valid information, not prejudicial to others' rights and true; in any case the Centre will never be held liable for the content of such messages.

Art. 17 - Contract Filing Methods

  • 17.1. According to art. 12 of Law Decree 70/2003, the Supplier informs the Buyer that all orders received are filed digitally/on paper on the server/at the Supplier's Seat based on privacy and safety criteria.

Art. 18 - Communications and Claims

  • 18.1. Written communications to the Supplier must be sent to the following address:
    CIS S.r.l., Via Papa Giovanni XXIII n. 6 – 28076 Pogno (NO) Italy
    or sent by fax at
    +39 0322-950864
    or sent by email to the following address
    info@cis-spareparts-com
  • 18.2. The Buyer will indicates his full company title or name, his seat, his fiscal data (fiscal code, VAT number, Chamber of Commerce Registration number), telephone number, fax number and email address to which he wishes the Supplier to send all communications.

Art. 19 - Disputes

  • 19.1. All disputes deriving from or connected to this Sale Terms and Conditions and/or to any Sale will be subject to the exclusive jurisdiction of the Court of Novara.

Art. 20 - Applicable Law and Deferment

  • 20.1. This contract is regulated by the Italian Law.

Art. 21 - Final Clause

  • 21.1. This contract, drawn up in Italian and English, cancels and replaces all agreements, understanding, negotiations, written or oral, previously undertaken between the Parties and concerning the object of this contract.
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