Terms and Conditions
1. IN GENERAL
These general conditions of sale govern the contractual relationship resulting in acceptance by TALITHA SRLS(hereinafter “TALITHA”), with registered office at Piombino, Via Ugo Foscolo 21 / A, registered in the Companies Register of Maremma and TIRRENO , n. LI-201129 REA, CF / P. IVA 01857440497, the proposal / purchase order of the customer and replace the previous versions, as well as any other agreement reached between the parties, except as may be agreed in writing and with express reference to general conditions of sale, derogandone content, on letterhead of TALITHA duly signed by a legal representative of the same. These general conditions of sale are updated in June 2017. TALITHA reserves, however, the right to change, from time to time, in its sole discretion, its general conditions of sale. The most current version of the same will in any case be published on https://www.oxalika.com website. The customer must, therefore, to check at the time of submission of the proposal / purchase order text of the general sales conditions in force, which will be applicable to the contract with TALITHA in case of acceptance of the proposal / purchase order. All descriptions and illustrations contained in the TALITHA commercial documentation are only intended to provide the customer a general idea of the products or articles and will not constitute part of the contract between the customer and TALITHA. These general conditions of sale do not apply to exports of products or articles outside the Italian territory, for which there are different contractual conditions. Moreover, in the case where the products or items delivered to the customer in Italy are subsequently exported by these, it will be the customer’s responsibility to obtain, at his own expense, all the necessary licenses and authorizations, also conforming to the rules on export between Italy and the destination country, with particular reference to the rules for the export of high technology products.
The prices listed on the web portal https://www.oxalika.com include VAT. Prices quoted on the website https://www.oxalika.com may vary. TALITHA not issue, in any case, pro forma invoice.
3. PURCHASE ORDER
Purchase orders may be sent by the customer in writing via e-mail or via the Internet. The order will be considered as a contractual proposal, since the display of products or articles on the storefront of https://www.oxalika.com site have only an informative function and, therefore, the invitation to offer.
The shipping costs are charged to the customer unless a different delivery service specifically requested by the customer and agreed with TALITHA. TALITHA is usually able to deliver in Italy with average 48/72 hours time. It is understood that the terms of delivery shall be construed as non-essential. For orders not transmitted online, the amount of shipping will be notified by TALITHA to the customer prior to shipment, which will take place only after the customer has accepted the new amount within three (3) days of the notification TALITHA. Unless otherwise agreed, delivery will be made to the address that the customer has specified in the order.
5. REVIEW OF PRODUCTS, DELAYS AND NON-DELIVERY
The customer must examine the goods received accurately at the time of delivery and notify to TALITHA, within 8 (eight) days of delivery, any defects found – or found – the outcome of that review, or to propose any other claim related to the products. In case the customer fails to make the notification referred to above, items will be considered definitively accepted and comply with the requirements of the order, without prejudice, attemptable no later than 1 (one) year from delivery, to assert any non-visible defects, provided that its complaint was made within 8 (eight) days from discovery thereof (in accordance with the provisions of Article 1495 of the civil code). It is understood that the customer must refuse delivery by the carrier, the packs with damaged packaging must, in this regard, immediately report the incident TALITHA; otherwise, the delivered goods shall be deemed accepted in the state where they are at that moment.
6. PASSING OF RISK AND PROPERTY
Ownership of the goods passes to the customer when the goods are delivered to the carrier for delivery at the customer’s home or at the address specified by the customer when ordering. The goods are in any case at the risk of the customer, staying agreed that each shipment is performed for precise order and account of the customer and that, therefore, TALITHA is exonerated from any responsibility with the delivery of the same to the carrier or his client if the latter decides to collect the goods personally or through a representative.
TALITHA replace or repair the products or items supplied, or refund its price, if, despite a diligent and proper use by the customer, you find any defects, which must be enforced against TALITHA no later than twelve (12) months from the date of delivery, or within the different term from time to time indicated by TALITHA for specific items, or established by law. The articles, or components or parts of them which the dispute relates, be returned to TALITHA in the period of time referred to in the preceding paragraph, properly packaged, with shipping to the customer and in accordance with special instructions that have TALITHA given at the moment of delivery or subsequently. The articles, or components or parts returned to them they must be accompanied by a note indicating the description of the defect, as well as any other information indicated or requested by TALITHA at the time of delivery or subsequently. All products or articles, or parts of them replaced by TALITHA become the exclusive property of the same. This warranty supersedes any warranty or other provisions established by law in terms of quality or fitness for any particular purpose products, except those provisions which by law can not be repealed.
8. PRODUCT INFORMATION AND ITS AVAILABILITY
How to use the article or product purchased, with particular reference to the safety of that country, they are indicated in the respective “user manual.” The dimensions and other physical characteristics are subject to normal commercial tolerances. It is your responsibility to check, in advance, the suitability of the product or article for the use he wants to do the same. In any case, TALITHA reserves the right to discontinue the offer of any product, or to change specifications of the products or articles, at any time, without prior notice and without giving grounds for such decision. TALITHA recommends that customers test the size and other product data published in the storefront of https://www.oxalika.com site, as well as the future availability of the same, before you use them for important uses.
When you intend to sell to third parties the products purchased, it will be his responsibility to ensure that these articles are complete with all accessories items such warnings, labels, instructions, manuals and other information that comes with the items themselves.
9. LIMITATION OF LIABILITY
These terms and conditions outline the full scope of TALITHA responsibility for the articles, with the exclusion of any other warranty, condition or term, expressed or implied, established by law, including with regard to the quality or suitability of the articles for specific uses, prejudice however, those warranties which, by law, can not be repealed, with reference in particular to the provisions of Article 1229 of the civil code and on liability for defective products and consumer protection. It remains understood that in no case TALITHA be liable for lost profits or any indirect damage suffered by the customer to an event, act or omission attributable to TALITHA under these terms and conditions or otherwise relating to the sale and purchase of the same object.
10. LIMITATIONS OF USE
The products and items sold by TALITHA have not been tested for medical applications or for the joint use with medical devices of any kind and nature. Likewise, the TALITHA products have not been tested for application in the context of nuclear activities or within aeronautical. The TALITHA products should not, therefore, be used in these areas, with respect to which TALITHA assumes no liability for malfunctions and / or damage to property or persons.
11. PAYMENTS AND TERMINATION CLAUSE
Payments can be made as follows:
1. by bank transfer made out to TALITHA SRLs;
BANK NAME: BANCA DI CREDITO COOPERATIVO DI CASTAGNETO CARDUCCI
IBAN: IT63 L084 6170 7200 0001 0650 760 – BIC: BCCDIT3C
2. by cash, to the extent permitted by applicable law
3. by credit card
TALITHA, however, reserves the right to require payment in cash, to the extent permitted by applicable law, or to propose additional and different methods of payment. Any payment condition other than those referred to above shall be agreed in writing with TALITHA before the order. All payments will be made in favor of TALITHA without the customer opposing any compensation, deduction or counterclaim. In case of non-payment of the price charged to the customer the sales contract will be definitely terminated in accordance with and for the purposes of Article 1456 of the Civil Code. In the event that payments are not made within the agreed time, the day following the expiry of the deadline for payment, the amount due shall be effective without the formal notice is required, the default interest provided for by Legislative Decree no. 231 of 9 October 2002, as amended by Legislative Decree no. 192/2012. In this connection, unless otherwise agreed expressed TALITHA, the terms of payment of the fees owed by the customer are those provided for by Article 4 paragraph 2 of Legislative Decree no. 231 of 9 October 2002 concerning the commencement of the default interest. TALITHA, to the extent permitted by law, we reserve the right to claim compensation for any further damage, and the reimbursement of any costs or expenses incurred for the recovery of their claims, including attorneys’ fees. In case of any kind of delay in payment of the consideration, all sums at that time owed by the customer to TALITHA, also in relation to other supplies, will become immediately due and payable for the whole, it being understood that purpose revoked any deferment of payment granted by TALITHA.
Payments must be made in Euros; other currencies can be agreed in writing between the parties, to the extent permitted by law.
13. RETURN OF PRODUCTS TALITHA
No return of items will be permitted without the prior written consent of TALITHA, except as provided in paragraph “Warranty.” After obtaining the consent of TALITHA, to be entitled to a refund, the customer must return the items, according to the following conditions:
1. items will not be used and must be returned in the same condition in which the customer received them
2. The return must take place within 15 (fifteen) days from the date of the invoice
3. if the conditions of sale do not contain specific instructions (and these were not subsequently indicated by TALITHA), all parts or components that have been added to the product or article by the customer must be removed before returning to TALITHA; otherwise, TALITHA will be authorized to remove and / or delete all additional parts
4. although the packaging is intact article, will still be applied to a fixed contribution to the operating expenses of return equal to 25.00 (twenty-five) Euros
5. items are returned to TALITHA at the expense and risk of the customer. The products to make TALITHA must be properly packaged and shipped to TALITHA SRLs via U. Foscolo 21 / A 57025 Piombino (LI).
14. CANCELLATION OF ORDERS
Orders placed with cash, to the extent permitted by applicable law, or with a credit card that can not be completely processed on the basis of inventories, will be partially canceled and related amounts refunded. TALITHA reserves the right not to do business with certain entities. Moreover, TALITHA reserves the right to refuse or cancel any orders, regardless of whether or not payment has been received, notifying the customer via fax, phone or e-mail within 48 (forty eight) hours (excluding Saturdays and public holidays) from receipt of order. In case TALITHA not accept or cancel an order for which payment, TALITHA promptly reimburse the full amount received has already been carried out in the manner that will be indicated for that purpose in TALITHA by the customer. It remains, however, understood that the return of the price is the sole burden of TALITHA for the rejection or cancellation of the order, being about that excluded any liability of TALITHA. The customer may cancel or revoke the purchase orders only to the extent permitted by law.
15. FORCE MAJEURE
In the case in which the execution of orders by TALITHA is hindered or prevented by cause of force majeure or unforeseeable, or the inability to obtain the services, materials or articles necessary for the fulfillment of the order, if not in higher prices, TALITHA may delay the order and, if so, press the delay to the client; these, within three (3) days of receipt of the notice by TALITHA, will have the right to cancel the order in whole or in part. In none of these cases, TALITHA be liable for delay, cancellation or inability to make delivery.
16. COPYRIGHT AND PATENTS
TALITHA warn the client that the articles presented on https://www.oxalika.com site may be the subject of a patent, trademark, copyright or other rights of intellectual or industrial property of TALITHA ownership or third parties.
17. CONTRACTS WITH CONSUMERS
If the customer qualifies as a consumer, will apply the provisions concerning the protection of consumers, including those referred to in the Consumer Code (Legislative Decree no. 6 September 2005, n. 206 and subsequent amendments), which does not intend to derogate by these general conditions. In particular, if the customer consumer has concluded a contract outside business premises or by remote bargaining, you are entitled to withdraw without penalty from the contract by sending, within 14 (fourteen) working days from the date of receipt of the items purchased, special notice, by letter sent by post, to TALITHA SRLs, via U. Foscolo 21 / a – 57025 Piombino (LI) or by email at firstname.lastname@example.org. The letter of withdrawal, bearing the words “With hereby give notice to cancel a contract concluded for the purchase of the following goods …”, it must also contain the following information: Order number of TALITHA, customer master data (inclusive of the tax code ), phone number and / or email address of the customer, date.
In case of exercising the right of withdrawal, the products purchased will be returned to TALITHA, undamaged and properly packed, within 14 (fourteen) working days following such notification, at your expense, to the following address: TALITHA SRLs – Via U . Foscolo 21 / A 57025 Piombino (LI). In the exercise of the right of withdrawal, TALITHA promptly return to the customer the consideration received, if any.
18. GUARANTEE OF LEGAL COMPLIANCE
The Legal Guarantee of Compliance (or Legal Warranty) foreseen by the Consumer Code to artt.128-135 and establishes the liability of the seller for any lack of conformity of goods sold through its own sales channels. The Legal Guarantee referred to the Consumer Code is reserved for consumer customers. They are covered by the Legal Warranty of all products that present a lack of conformity which exists at the time of delivery, and that appears within 24 months from the date of purchase. The lack of conformity must be reported to the seller within 2 months from the date of discovery of the defect.
19. MODEL OF ORGANIZATION PURSUANT TO LEGISLATIVE DECREE NO. n. 231/2001.
The customer declares to be aware of the current regulations concerning the administrative responsibility of the legal and, in particular person, the provisions of Legislative Decree no. June 8, 2001, n. 231. In this respect, the customer claims to base its conduct to the principles of transparency and fairness, in strict compliance with legal provisions.
20. PROCESSING OF PERSONAL DATA
The Court of Livorno will be responsible exclusively for any dispute arising from these general conditions of sale and the related provision of the contract products. These general conditions of sale are governed under Italian law.