SALE CONDITION
1) Delivery PERIOD: The estimated delivery period indicated on the order begins on the date of receipt by GPS Bags S.p.A. of the print proof approved by the customer. If the proof is received after the period indicated on the order, the delivery period will automatically be extended by 40 days.
2) No CANCELLATION / MODIFICATION will be accepted without the written approval of GPS Bags S.p.A. In any event, all raw materials and/or other expenses incurred by GPS Bags S.p.A. up to the point of cancellation or modification will be charged to the Customer. In the event of cancellation by the Customer, GPS Bags S.p.A. reserves the right to require full termination of the order. Any commitment shall be deemed to be taken without prejudice to cases of force majeure, including but not limited to public health emergencies, strikes, fires, floods, electricity outages, rail or road or sea disruptions, shortage of raw materials, machine failures, epidemics, wars, etc. Should the occurrence of a case of force majeure prevent or limit normal production, GPS Bags S.p.A. reserves the right to suspend or cancel the order, or to fulfil it as soon as possible, without the Customer being entitled to compensation or indemnities of any kind. If prior to order fulfilment, substantial variations were to occur in the price of the raw materials and/or processing costs, including due to currency fluctuations, the price may be revised by mutual agreement or, in the absence of an agreement, GPS Bags S.p.A. may cancel the order without the Customer being entitled to compensation for damages. If changes are made to the contract, the delivery period shall be extended for a period equal to that initially established.
3) COMPLAINTS: The purchaser must inspect the Products for integrity, suitability and conformity at the time of delivery. Any claims must be submitted by registered letter with notice of receipt or by certified e-mail within eight days from receipt of the Products, and for hidden defects, within eight days from the date on which they should have been found, but in any case, not later than six (6) months from the date of Product delivery. Unauthorized returns will be refused. The Customer forfeits any right to the guarantee if it does not immediately suspend use of the Product upon discovering the reason for the complaint. Under no circumstances may the Customer suspend and/or delay payment for the service beyond the established deadline or claim any action or exception except after having paid the invoice for the Products in question.
4) GUARANTEE GPS Bags S.p.A. guarantees only that each Product corresponds to the specifications provided by the Customer on the date of delivery. If, and to the extent that the Products do not fulfil this guarantee, GPS Bags S.p.A. may replace the products at no charge to the Customer within a reasonable period, or allow the Customer to return the products for reimbursement at the original invoice price, at its discretion. Consequently, GPS Bags S.p.A.’s obligation will be limited to replacing the products or accepting their return and refunding their price.
5) DAMAGES Under no circumstances shall GPS Bags S.p.A. be liable to the Customer or any other person for any special, incidental, indirect, consequential or punitive damages, or for losses, costs or expenses, including but not limited to damages consisting of loss of goodwill, sales or profits, job stoppage, loss of production, damage to other Products or other things, whether resulting from or in connection with breach of guarantee, breach of contract, misrepresentations or false statements, fault or otherwise. Notwithstanding any statement to the contrary contained in this document, GPS Bags S.p.A.’s liability for any claim for damages resulting from or in connection with the Products and their Use shall in no case exceed the amount paid by the Customer for the products covered by the claim.
6) DISCOUNTS: Under no circumstances shall GPS Bags S.p.A.’s agents or representatives be authorized to grant discounts or payment deferrals, accept verbal complaints or make settlements. Any discount, extension and settlement is subject to the written approval of GPS Bags S.p.A.
7) At the time of the order, the purchaser is required to provide GPS Bags S.p.A. with all of the graphic material necessary for the performance of the order. Delayed provision of said material will automatically result in an extension of the delivery period, with GPS Bags S.p.A. exempt from any liability. None of the material will be returned.
8) MATERIALS: All media used for printing (printing plates) must be paid by the Customer, which takes ownership of them.
9) SHIPPING: The prices indicated in the order must be considered inclusive of the cost of shipping by freight forwarder chosen directly by GPS Bags S.p.A. Shipping costs will be charged to the purchaser in the event of a specific, different request, which must be communicated in writing by the purchaser. In any event, costs for shipments having a value of less than €400 are charged to the recipient.
10) The quantity of product may vary by +/-20% with respect to the quantity indicated in the order. The formats, thicknesses and weights of the materials used, and the colours of the materials, ropes and printing colours used must be considered as approximate. A discrepancy within the tolerance allowed by the specific technical requirements of production or uses cannot be considered as a reason for a price reduction or for contract termination.
11) Failure by the purchaser to pay the price on the agreed deadlines shall entitle GPS Bags S.p.A. to claim interest on arrears at the ECB’s official discount rate plus 5 percentage points.
12) Purchaser approval of the press proofs releases GPS Bags S.p.A. from any liability for any inaccuracies contained in the proof resulting in incorrect production of the order.
13) The GPS Bags S.p.A. trademark will be printed on all bags.
14) Failure by the purchaser to comply with any provision hereof entitles GPS Bags S.p.A. to request immediate termination of the contract and compensation for damages.
15) COMPETENT COURT: In derogation from that which is provided for in Article 18 et seq. of the Italian Civil Proceedings Code, the parties elect the Court of Vicenza exclusively as the competent court for any dispute concerning the interpretation and execution of the contract and expressly for opposition proceedings against a legal order.
16) By signing the order, the Customer declares to have full use of the trademarks to be printed as owner or licensee and releases the producer GPS BAGS S.p.A. from any and all responsibility, indemnifying and holding it harmless against any claim made by any person in any way for violation of the rights protecting the ownership and/or use of the printed marks.
Information pursuant to Article 10 of Italian Law 675/96 on the protection of persons and other subjects with respect to the processing of personal data.
Pursuant to Article 10 of Law 675/96, for and on behalf of our partner, IMTEC S.a.s. di Grotto Daniele & C., Via Campania, 16 – 36015, we inform you that to for the establishment and performance of our contractual relations with you, we are in possession of your personal data, which may have been acquired verbally, directly or through third parties. The data collected by us for purposes concerning the establishment and management of contractual relations as well as for management, statistical, commercial, marketing and promotional purposes, for credit protection, credit management and transfer, are processed in written form, manually and/or automatically, on paper, magnetic, electronic and computer media. The acquisition of data related to legal or contractual obligations is an essential prerequisite for the establishment and performance of the contractual relations themselves. Failure to provide any other data will be evaluated on a case-by-case basis based on the importance of the data requested and not provided. The data may be communicated and disseminated in Italy and/or abroad for the purposes mentioned above to subsidiaries, controlling companies and agents, consultants, professionals and companies, consortia and entities, for marketing, commercial, market research, management, insurance, financial intermediation, factoring and claim recovery purposes. The data will be processed for the entire duration of the contractual relationship and afterwards for the fulfilment of all legal obligations and future commercial purposes.
Joint data controllers are GPS Bags S.p.A. and IMTEC S.a.s. di Grotto Daniele & C. Pursuant to Article 13 of Law 675/96, on the processing of personal data, the data subject has the right to:
– know the existence of any processing that may concern him/her through free access to the register held by the authority
– be informed of the data controller, purposes and methods of processing and contact information of the data processor
– obtain from the data controller, or processor, confirmation of the existence or absence of personal data concerning him/her, communication of such data and their origin, cancellation or transformation into anonymous form or blocking of data processed in violation of the law, updating, correction or integration of the data, as well as assurances that the deletion, transformation, modification or blocking of the data has been brought to the knowledge of parties to whom the data have been communicated or disseminated
– object in whole or in part the processing of personal data for the purposes of commercial information, sending of advertising materials, direct sales, market research or interactive commercial communication
GPS Bags S.p.A. and IMTEC S.a.s. di Grotto D. & C.
