GENERAL SALE TERMS AND CONDITIONS
All contracts for the online sale of products by Ocrim S.p.a. to third parties are regulated by these General Terms and Conditions, which form an integral and substantial part of all proposals, orders, and purchase order confirmations of such products. The sale terms and conditions that apply to the order shall be those in force on the date of such order.
Ocrim S.p.a. reserves the right to amend the terms and conditions contained in this document, at any time; the customer undertakes to read them whenever they issue a new purchase order.
1) DEFINITIONS
1.1 In this contract, the following terms shall have the following meaning:
- Seller or Ocrim: Ocrim S.p.a. with seat in Via Angelo Massarotti, 76, 26100 Cremona CR- Customer: the buyer of the Seller’s Products;
- Products:
- products for milling machines marketed and/or produced by the Seller;
- accessories and promotional items (travel items, stationery, clothing, and
various items).
- The products are indicated in the Seller’s catalogue.
- Price: the cost of the products is indicated in the Ocrim S.p.a. price list, published on the website: www.oparts-shop.com in the reserved area of each customer.
- General Sale Terms and Conditions: the contractual terms and conditions for the sale of the products can be found below.
1.2 These General Sale Terms and Conditions shall apply to all sales of Ocrim S.p.a. products marketed on this website, unless otherwise agreed between the parties.
The General Sale Terms and Conditions are published on the Seller’s website at the link: www.oparts-shop.com
The General Sale Terms and Conditions shall, therefore, be understood to be known to and have been accepted by the Customer when the order is sent by the means laid down in art. 2 below.
1.3 Any and all changes or amendments to the General Sale Terms and Conditions will only be effective between the parties with the prior written approval of Ocrim S.p.a.
Ocrim S.p.a. reserves the right to amend the content thereof, at any time and without advance warning.
These General Sale Terms and Conditions use the Incoterms 2020 rules.
2) OFFERS AND ORDERS
2.1 The Customer may order products or request offers with regard thereto through the Seller’s Website, using the e-commerce service on the website www.oparts-shop.com or by means of other traditional methods, such as, for example, exchange of e-mails and contact over the telephone, where envisaged by the Seller.
It shall be understood that, by placing an order on the Ocrim S.p.a. Website, the Customer will be entirely responsible for any incorrect or incomplete information entered (in particular the recipient’s address) that may cause errors in the fulfilment of said order (in particular with regard to delivery).
2.2 Offers made directly by the Seller, or by the latter’s representatives or assistants, even if accepted by the Customer, shall not be binding for the Seller until the latter has sent a written order confirmation or has duly fulfilled the order. Equally, where there is an offer for purchase by the Customer, the Seller will not be bound by such offer until the latter has sent the written order confirmation or has duly fulfilled the order. The offer issued by the Seller shall be valid for 3 days from the issue date.
2.3 The Seller reserves the right not to accept orders whose total value is lower than EUR 250.
3) PRICES
3.1 Unless otherwise agreed, the sale prices shall be understood to refer to units of product net of all duties and taxes, with return FCA (Free Carrier) Cremona. Unless otherwise agreed, the price shall be understood to be subject to revision at any time.
4) PACKAGING
4.1 The prices include the packaging which the Seller reserves to provide or otherwise at their absolute discretion (depending on the type of goods), without prejudice however to the need to duly protect the goods during transport.
5) DELIVERIES/SHIPPING/DELIVERY TIMES
Two shipping options are available:
- We deliver the product to you:
the shipping costs will be communicated to the Customer, and, once the order, including shipping costs, has been accepted, will be charged directly on the invoice.
- Pick up at our warehouse:
the Customer has 7 days in which to pick up the goods purchased. Starting from the eighth day of storage and until the goods have physically left the warehouse, Ocrim S.p.a. will apply a fixed daily cost for storage, already accepted by the buyer when accepting the order, amounting to EUR 1 per cubic metre of space occupied by the goods purchased.
5.1. The fastest means will be used for shipping requested as urgent by the Customer. The difference in price of the transport in standard timeframes will be charged entirely to the Customer.
5.3 The delivery times shall start from the date on which the order is confirmed or from the date on which the order was duly fulfilled and from receipt of all data required for the performance of the supply.
5.4 The goods will be shipped within 48 working hours from receipt of the payment, if in stock at the time of the order and if sent by express courier.
The delivery times, even if indicated on the website or on customised quotations, shall always be indicative, as they are subject to industrial risk. In particular, in the case of customised goods, Ocrim S.p.a shall not assume responsibility for delayed deliveries of or failure to deliver the goods ordered due to a delayed delivery of the necessary information by the Customer or a failure to deliver such information. Should the delivery times indicated on the website or in the order confirmation be exceeded, such delay may not be grounds for the termination of pending orders, for blocking payments, for refusing to pick up the delivery, and will not give rise to a request for damages or refund of the supply.
6) PAYMENTS
The payment times will be indicated in the Seller’s order confirmation or in a separate document sent to the Customer in case of due fulfilment of the order by Ocrim S.p.a. The Customer must pay the full price also in case of objection and dispute.
Delayed payment or failure to make the payment of even part of the price shall entitle the Seller to request, starting from the expiry of the payment deadline and without need for formal notice, interest for late payment equal to the official discount rate increased by eight points. In case of failure to make the payment or delayed payment, the Seller reserves the right to terminate this agreement by enforcing the express termination clause (art. 1456 of the (It.) Civil Code). The Seller is hereby authorised to suspend supplies should the Customer fail to comply with their obligation to pay the price within the deadlines agreed.
Payments with credit card or by bank transfer are accepted.
7) INVOICING AND DISPATCH OF DOCUMENTS
7.1 The sale invoices will include the costs of transport and will be sent to the Customer by an e-mail, attaching a pdf file, sent to the e-mail address indicated by the Customer themselves.
7.2 The Customer must communicate to Ocrim S.p.a. the e-mail address to which the sale invoices must be sent and promptly communicate any changes thereto during the performance of the supply or in case of new orders.
8) COMPLAINTS AND LEGAL WARRANTY
The Seller guarantees the products for 12 months from purchase.
The products are pictured and can be viewed on the website www.oparts-shop.com
The management of complaints is envisaged in the following cases:
8.1 shipping of non-conforming products, due to an error of the Seller;
8.2 receipt of damaged, defective, or non-functioning products;
8.3 failure to receive the products in the times agreed;
8.4 only partial receipt of an order containing more than one products, except where the staggered delivery has been agreed with the Customer or occurs on grounds of force majeure;
8.5 complaint received after the expiry of the warranty period.
No complaints stemming from an error committed by the Customer during the order, in case the product has been purchased in error, it does not correspond to the desired product, or it does not correspond to the correct size (in case of clothing items or wearable products) will be accepted.
9) PROCEDURE FOR RETURNING PRODUCTS
9.1 In order for the Seller to accept the return of the products on one of the grounds listed in art. 8, the Customer must comply with the following procedure:
- within 7 days from detecting the defect, contact Ocrim S.p.a. by e-mail, indicating the following data:
- full Customer data (identification data; tax and contact details);
- full and exhaustive description of the problem encountered.
Ocrim S.p.a. will communicate its authorisation or otherwise within 7 days RMA (returns materials authorization);
- place the product in its full and undamaged original packaging;
- place the original packaging in a suitable protective package and attach the RMA;
- communicate to Ocrim S.p.a. the number, the weight, and the dimensions of each parcel that composes the material to be returned;
- Ocrim S.p.a. will take steps to pick up the material returned with its own courier, informing the Customer of the pick-up date.
9.2 Compliance with these procedures will ensure that the products arrive at the correct destination and in a good state in the shortest time possible. Should the Customer not comply with said procedure, Ocrim S.p.a. reserves the right not to accept the return of the product on receipt.
9.3 If the reason for the return is among those listed in art.9 and the procedure followed for the return is as indicated by the Seller, the latter will take steps, as soon as possible, to refund the returned product with a bank transfer to the current account indicated by the Customer.
10) PRODUCT LIABILITY
Unless it is proven that the defect that caused the harm/damage to people or property was present at the time of sale, the Customer will indemnify the Seller of all liability, damage, expense, and cost which the
latter may incur pursuant to and for the effects of Decree of the President of the (It.) Republic of 24.5.1988, No. 224 (“Liability arising from defective products”). The damage will be imputable to the Customer, in particular, in case the latter has used the products in an improper manner; if they have allowed maintenance or repair operations of the product by personnel who have not been authorised by the Seller; if they failed to perform maintenance on the products where such maintenance is envisaged; if, during the installation and use, they did not comply with the instructions contained in the installation, use, and maintenance manuals (for products that require it).
11) CUSTOMISED GADGETS
Ocrim Customer Service will take steps to contact the Customer who has requested the supply of customised products, by e-mail, to establish: the size, features, and format of the customisation. Additional details with regard to shipping will be provided at that time.
The customised gadgets will be produced based on the information and instructions provided by the Customer. Ocrim S.p.a. shall assume no liability in case the Customer sends incorrect information. Ocrim S.p.a. shall not be liable for the lawfulness of images and contents of the material supplied by the Customer. Ocrim S.p.a. shall send, by e-mail, the drafts relating to the gadgets to be customised, in full compliance with the instructions provided by the Customer. In no case shall Ocrim S.p.a. be responsible for any errors in copying, transcribing, or reconstructing logos or drawings, as the Customer, by accepting the drafts received and by confirming them as being suitable for production, waives any objection against Ocrim S.p.a.
With regard to customisation, Ocrim S.p.a. shall not be obliged to return or deliver the material, the images, and any press forms specifically produced for the Customer.
Moreover, Ocrim S.p.a. shall protect the graphics covered by copyright and shall retain intellectual property rights on graphics produced for the first time.
The right of withdrawal, pursuant to (It.) Decree Law 206/2005, shall not apply to customised gadgets.
12) LIABILITY ARISING FROM COPYRIGHT
With regard to the customisation of gadgets, the Customer declares under their own responsibility that they have permission to use the logo, images, or any pattern, covered by copyright, for commercial purposes or that they have requested the rights for a limited authorisation to use from the lawful owner.
The Customer, therefore, shall hold Ocrim S.p.a. harmless of any liability should the owner of the pattern used address Ocrim S.p.a. to object to an unlawful use.
In addition, the Customer declares that they are aware that the unauthorised use of a pattern protected by copyright entails legal and administrative sanctions.
13) RETENTION OF TITLE
12.1 The sale subject to these General Sale Terms and Conditions shall be made with retention of title in favour of the Seller (articles 1523 et seq. of the (It.) Civil Code). The Customer will, therefore, acquire ownership of the Products on payment of the last instalment of the price agreed, including interest, albeit taking on all risks from the time of delivery. Should this contract be terminated due to the Customer’s default, the latter shall be obliged to return the goods to which this agreement refers, within ten days from receipt of the communication of art. 1456, paragraph 2 of the (It.) Civil Code, hereby waiving the right to refund of the price instalments paid until such date, instalments that Seller will retain as compensation pursuant to art. 1526, paragraph 2 of the (It.) Civil Code.
14) ACCELERATION CLAUSE
Delayed payment or failure to pay one or more instalments shall result in the automatic activation of the acceleration clause, with consequent right of the Seller to obtain immediate payment, in a single instalment, of the entire residual Price due.
15) FORECLOSURES AND SEIZURES
15.1 Until the price has been paid in full, the Customer shall be obliged to notify the Seller of the execution on the goods to which this contract refers of foreclosures, seizures, or of any other judicial measure that affects the aforementioned goods. Should this obligation not be complied with, the contract will be terminated in application of the express termination clause of art. 1456 of the (It.) Civil Code.
15.2 The communication must reach the seat of the Seller by telegram or Certified E-mail within 3 days from the execution of the aforementioned measures.
16) CHANGE IN THE BUYER’S FINANCIAL SITUATION
Any executive or precautionary proceedings against the Customer or the request for temporary receivership or agreement among creditors, as well as any substantial changes in the Customer’s corporate structure, will give rise to the Seller’s right to suspend the performance of any and all contracts, with consequent right to obtain the payment, in a single instalment, of the entire price agreed still due.
17) JURISDICTION
Any dispute or objection shall be heard exclusively by the Courts of Cremona, with the express exclusion of all other courts. This jurisdiction may not be derogated from on grounds of a joinder or accessory action.
18) ELECTION OF DOMICILE
For the purposes of communications and notification, the Customer declares that they elect their domicile at their seat.
19) PERSONAL DATA PROCESSING
The Customer’s personal data, processed for the purposes envisaged by the performance of the contract stipulated, do not require consent. The use of the Customer’s data, in particular of the e-mail address, for promotional and marketing communications must be expressly approved by the Customer.
Please see the full information statement, available at the following link: www.oparts-shop.com
in the page Privacy Policy.
Execution of this contract presupposes that the information statement on the processing of personal data has been read.
Pursuant to and for the effects of article 1341 of the Italian Civil Code, the Buyer specifically approves the clauses included in the articles above. 1 (Definitions); 2 (Offers and Orders); 3 (Prices); 4 (Packaging); 5 (Deliveries/Shipping/Delivery times); 6 (Payments); 7 (Invoicing and Dispatch of documents); 8 (Complaints and legal warranty); 9 (Procedure for returning products); 10 (Product liability); 11 (Retention of Title); 12 (Acceleration clause); 13 (Foreclosures and Seizures); 14 (Change in the buyer’s financial situation); 15 (Jurisdiction); 16 (Election of domicile); 17 (Personal data processing).