General conditions of sale

General conditions of sale

  1. Application:

These General Conditions of Sale govern all “Contracts” between Brndas2china srl (“Company” or the “Seller”) and the customer (“the Buyer”), made by the site or directly by contacting the company. 

  1. Prices and payment conditions

The prices of the goods sold are those in force at the Seller at the time of delivery and are net of VAT, any other taxes, duties or duties. The Seller’s prices include only the products/services expressly described in the Contract. Packaging, insurance, transport and any other ancillary services must be paid by the Buyer separately.

The payment terms are those indicated in the offer. A delay of at least 15 days on the single deadline determines the right of the seller to immediately terminate the contract, by means of a declaration to be communicated to the buyer and without prejudice in any case to the immediate suspension of its fulfillment.

In cases of delay in the payment of the balance of goods, for delays of more than 15 days a penalty of € 20 will be applied for each cubic meter of material handled in the one-time warehouse and € 10 for each cubic meter of material as a deposit for each month delay. This penalty must be paid at the same time as the balance, always without prejudice to the right of the seller to terminate the contract, withholding the aforementioned penalty.

The Buyer may not, to avoid or delay the agreed payment, propose actions and raise exceptions regarding the Contract and / or its execution, but first will be required to pay in full what has been agreed. 

  1. Transport and delivery

The delivery date is approximate and the seller is not responsible for any delays resulting from the disservice of the carrier or incorrect indication of the address by the customer.

  1. Retention of title

The supply of all the goods sold will be subject to the reservation of title in favor of the Seller until the full and final payment by the Buyer of all debts to the seller arising from the order.

  1. Warranty

The customer is obliged to submit complaints no later than 8 (eight) days after delivery, after which the right of complaint lapses. The goods travel at the risk and peril of the buyer. The customer accepts as of now a tolerance of 5% of discrepancies of the pieces on the total purchased. 

  1. Liability

The Seller is exempt from any liability that does not depend on his own willful misconduct or gross negligence.

In case of liability of the Seller towards the Buyer, in any case, the compensation for damage may not exceed the value of the goods covered by the Contract in the execution of which the conduct of the Company was carried out which was prejudicial.

The suitability of the products purchased for their intended use must be verified by the buyer. 

The Buyer releases the seller from liability for what is required by way of compensation for damages, by third parties for the use or purchase of products purchased by the seller.

The buyer hereby waives any compensation for loss of job opportunities or earnings dependent on the goods purchased (so-called loss of profit). The customer accepts in such cases as of now always and in any case the return of the price paid or the supply of compliant goods as a replacement.

  1. Impossibility of performance and non-imputability of non-performance

The Seller may suspend the execution of its contractual obligations if such execution is made impossible or unreasonably burdensome by an impediment of unforeseeable circumstances or force majeure independent of its will such as strike, boycott, lockout, fire, earthquake, flood, war (declared or not), civil wars, riots and revolutions, requisitions, embargoes, power outages, and all those causes that are normally included in the concept force majeure or unforeseeable circumstances.

  1. Disputes

This contract and any dispute are subject to Italian law and the competent court is the Court of Vicenza with the exclusion of the other Forums.

  1. Miscellaneous

If one or more clauses of these General Conditions should be or become null or ineffective, in whole or in part, the validity and effectiveness of the remaining clauses will remain unaffected. 

  1. Data processing and privacy:

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Pursuant to and for the purposes of the provisions on the subject of unfair clauses pursuant to Art. 1341 and 1342 cc, the customer specifically approves clauses no. 2 (Prices and conditions of payment), 3 (transport and delivery), 4 (Retention of title), 5 (Warranty), 6 (Liability), 7 (Impossibility of performance and non-imputability of non-performance), 8 (Disputes).