Terms of sale
1. CONTRACT REGULATIONS
The sale of products distributed by Cereria Ronca Srl is regulated by the following general conditions, to be further supplemented with those specified in the invoice, as well as, to the extent not expressly expected, by the Italian Civil Code and the Legislative Decree 206/2005 (Consumer Code), when subjectively applied.2. DEFINITIONS
The words and/or expression used have the following meanings:- Seller (Cereria Ronca Srl, Via Della Cooperazione 13 TN – IT VAT NUMBER 01165770221)
- Buyer / Proposer: natural or legal person, public or private, wishing to buy products distributed by us for purposes strictly related to the exercise of the entrepreneurial or professional activity (administrative, of enterprise, art or profession), or for exclusively private purposes in the case of Consumers;
- Contract: the agreed Contract pursuant to the modalities set out in Art. 3 et Seq. and consisted of the following General Terms and Conditions of Sale, Order Form, and only possibly by other annexes undersigned by the parties.
3. GOODS ORDERS
Goods orders constitute an irrevocable purchase proposal for the person placing them and aren’t binding for the Seller, who reserves the right to accept them. The Seller reserves the right to not accept the Proposal in case: a) the Proposer is or has been defaulting, to any degree, towards the Seller in the past; b) the Proposer is registered in the protest list or is subjected to executive proceedings; c) the Proposer is civilly incapable, or does not meet or loses some of the professional requirements for the exercise of its activity; d) the Proposer is in a liquidation status, forced or voluntary, or files a motion or is subjected to insolvency proceedings; e) the Proposer is in such conditions as to endanger the regular payment of the goods object of the Contract, based upon analyses carried out for the purpose of the prevention and control of insolvency risk, fraud control, and credit protection. The Seller reserves the right in all cases to subordinate the approval of the Proposal to potential specific payment methods and/or to the issue of suitable guarantee. Any inclusions or changes made to the order, even by sales representatives of the Seller, shall likewise not be binding on the Seller, who may accept or reject them without prejudice to the original order. The purchase proposal formulated to the Seller automatically implies acceptance of these general terms and conditions by the person making the proposal. For this reason, with the signing of the goods order valid as purchase proposal, the Proposer confirms and accepts the provisions thereof. Therefore, during the completion of the Contract, the Proposer may not object nor make reservations of any facts, circumstances, and/or conditions that depend directly or indirectly by the missed knowledge of the provision of these General Terms and Conditions of Sale.4. OBJECT OF THE SUPPLY
The supply exclusively consists of what is specified in the order. The characteristics and data in catalogues, Internet, and/or any other documentation relating to the products object of the supply are to be considered purely indicative, for illustrative purposes only and not binding on the Seller.5. PRICES
Product prices are those indicated in the catalogue in force at the time of the shipment of the goods: they are FOB Origin (Free on Board) and include VAT. The Seller reserves the right to change at any time and without notice the prices and other specified conditions of supply (product range, sizes, packages, minimum order quantity, logistic, etc.).6. DELIVERY TERMS
The delivery terms have to be considered approximate, even though the Seller undertakes to make deliveries within the time requested and indicated in the packing note, in any case according to productions means and stock availability.7. SHIPPING
Shipments are made at the risk and peril of the Buyer, even though the material is sold carriage paid. If the Seller does not receive precise instructions of the carrier to whom the goods are to be entrusted from the Buyer, it reserves the right to entrust the goods to a Carrier of its choice upon availability of the goods. Under no circumstances may the Buyer refuse to clear goods ordered on arrival.8. TERMS OF PAYMENT
The payment for the goods shall be made directly to the Seller in accordance with the agreed terms, i.e. those stated in the order. In the event that negative information about the Buyer emerge (protests, enforcement measures, changes in the balance sheet, etc.), the Seller is entitled to treat all outstanding payments as due immediately whatever the due date, or to demand specific guarantees for payments to come.9. HIRE PURCHASE AGREEMENT
Unless the products have already been converted and/or incorporated in other goods owned by the Buyer or third parties, in case in which the payment, due to contractual agreements, shall be made - in whole or in part - after the delivery, the delivered products remain the property of the Seller until the price has been paid in full.10. EXPRESS TERMINATION CLAUSE
The breach of the terms of payment entitles the Seller to -terminate the contract by right pursuant to Art. 1456 of the Italian Civil Code, giving written notice to the Buyer by registered letter with return receipt, without prejudice in any case to the Seller's right to retain what has been received from the Buyer as compensation for the damage suffered and for the use of the goods by the Buyer, without prejudice to any further actions for damage compensation; -suspend any execution of orders and remainders of orders in progress; -charge the Buyer (without prejudice to other actions), from the day of their due date, the late payment interests provided by law and, where applicable, the late payment interests equivalent to the rate determined in accordance with the interest rate of the main refinancing instrument of the European Central Bank, increased by seven percentage points, as specified in the Art. 5 of the Legislative Decree 231 of 9/10/2002, without the need for a formal declaration of default by the Buyer. In the case of a Consumer Buyer, the Seller shall charge late payment interest at the applicable legal rate.11. LEGAL COSTS
Any outstanding amount of the Buyer authorizes the Seller to designate a lawyer to proceed with the collection. After the assignment of the task to the lawyer, the Buyer has to pay the Seller, in addition to the amount due to cover the outstanding amount, the costs incurred for the collection plus the interests.12. RIGHT OF WITHDRAWAL
The Seller reserves the right to withdraw from the contract if, after the confirmation of the order, it receives commercial information on the name of the Buyer that, at its sole discretion, advise against the execution or the continuation of the contract; the exercise of this right does not entitle the Buyer to any right for damage compensation or other compensation. In all cases where the provisions of the Legislative Decree 206/05 are to be applied, the Consumer Buyer has the right to withdraw from the contract without costs, obligations, and penalties, as well as without adducing explanations, within three working days from the signing of the Purchase Proposal or from the delivery of the products if it was showed or described a different product from the one object of the Contract. The withdrawal shall take place by sending a written notice, via registered letter with return receipt, telegram, or fax to the Seller. In case of exercise of the right of withdrawal, the products already delivered shall be returned perfectly intact and in their original package, at the care and expense of the Buyer. The return of the products shall happen within ten working days as from the delivery date of the products. Once received the products and verified their integrity, the Seller shall, as soon as possible and in any case within thirty days from the knowledge of the exercise of the right of withdrawal, credit with the modalities indicated in the notice of the exercise of withdrawal the price of the returned products, as indicated in the accounting documents sent to the Buyer.13. PRODUCTS CHARACTERISTICS
The Buyer recognises that there may exist variations of colour, shades, in case the order doesn’t occur for the whole completion of the work.14. PRODUCTS CONSERVATION
The conservation of the products after the delivery is the sole responsibility of the Buyer. The Buyer commits to follow the instructions provided by the Seller for the conservation, also by means of potential informative brochures prepared by the Seller.15. FAULTS AND DEFECTS
The products supplied by the Seller are compliant with the regulations in force. Potential disputes on the goods do not give the right to the Buyer to suspend or delay in whole or in part the payment within the agreed terms. With the transmission of the order, the Buyer implicitly claims to know the characteristics of the purchased products and the procedures for the adequate storage and use: therefore, it exempts the Seller from any responsibility originated by the non-compliance of the mentioned rules. The Buyer has the duty to verify the quality of the goods and to notify the Seller in writing of possible faults, defects, and deficiencies within 4 days from the delivery, past that time the complaint cannot be taken in consideration. In case of faults and defects found after the aforementioned date, the Buyer shall report them in writing to the Seller within 8 days after their discovery, unless they are faults and defects that could have been identified in light of a meticulous examination at the time of the delivery to the Buyer. In the event that the Legislative Decree 206/05 applies, the Consumer Buyer shall report in writing to the Seller possible faults, defects, and deficiencies within ten days from their discovery, unless they are faults and defects that could have been identified in light of a meticulous examination at the time of the delivery to the Buyer. Therefore, the aforementioned time limit shall be considered effective from the delivery.16. SOLVE ET REPETE
The Buyer will not be able to start any legal action if it will not provide evidence to have executed its duties, especially the one regarding the full payment of the supplies.17. EXCLUSIONS AND LIMITATIONS OF LIABILITY
Except for the provisions in these General Conditions concerning the exclusions of liability of the Seller, the parties hereby agree that, in case the liability of the Seller had been verified, such liability shall not exceed the price of the purchased products and for which a dispute has arisen, excluding in any case further compensations and/or refunds for any title and/or reason.18. ACTS OF TOLERANCE
Under no circumstances shall the failure to exercise any right by the Seller - namely the failure to claim the exact compliance with the provisions contained in this Contract or in the civil code – represent waiver of the right to demand the exact execution, having to define such omissive behaviour as mere act of tolerance.
19. PRIVACY POLICY
We would like to inform the Visitor of the website that the EU Regulation 2016/679 and the Italian Legislative Decree 196/2003, named “Personal Data Protection Code” (hereinafter referred to as the "Code"), provides for the protection of persons and other subjects with regard to the processing of personal data.Cereria Ronca, acting as Data controller (hereinafter referred to as “Controller”) uses the site not only as a means of information on its services, but also as a tool for collecting personal data. According to the specified regulations, the processing of such data is based on the principles of correctness, lawfulness and transparency, and the protection of the confidentiality and rights of the website Visitor.
During the stay of the Visitor on the website, the Controller's computer system will collect a number of technical data such as: IP address, browser type, operating system, host, and source URL. The Controller may use this data in aggregate and anonymous form for the purpose of statistical analysis of access to the site. This data will not, in any case, be disclosed to third parties, nor will it be disseminated. As regard to e-mail messages, to the explicit sending of requests for data and services, the Controller shall proceed, in compliance with the code, to collect the personal data (including the e-mail address) spontaneously transmitted, taking care of their subsequent filing (using paper, computer, telematic supports) for purposes in compliance with the interactions manifested by the Visitor and for the time necessary to verify and assess the indications provided, for the purpose of exchanging information or contacts.
The processing carried out concerns only common data. The presence of possible data qualifiable as “personal” (pursuant to the Art. 4 of the Code) entails the instant destruction of the relevant message, announcement, or communication provided by the Visitor.
The data gathered in the specific sections of the site may be communicated to other subjects within the scope of the purposes of fulfilment of possible requests and for the compliance with fiscal and legislative obligations, in general including relations with any accountants. In such cases, consent will always be required, which can be provided online by filling in a ticked box.
The Visitor is hereby made aware that the transmission of data via Internet cannot be regarded as obliged to any other performance than the correct application of the security standards imposed by the legislation in force.
In order to exercise the rights provided for in Article 7 of the Law, referred to above, the Visitor concerned must address his or her request to the Controller.
Data privacy and cookie policy
LegislationProtection and processing of personal data in accordance with Legislative Decree 196/2003 and EU Regulation 2016/679.
Data Controller
Cereria Ronca Srl - Mattarello - 38123 Trento (TN) - Italy
Modalities
The Controller processes the Personal Data of Users by implementing appropriate security measures to prevent unauthorized access, divulgation, modification, or destruction of Personal Data. Processing is carried out through computer and/or telematic tools, with organizational methods and logic strictly related to the purposes indicated. In addition to the Controller, in some cases, categories of data processors involved in the organisation of the site (administrative, sales, marketing, legal, system administrators), namely external parties (such as third-party technical service providers, postal couriers, hosting providers, IT companies, communication agencies), may have access to the Data. They could also be appointed, if necessary, as Data Processors by the Data Controller. The updated list of Data Processors can always be requested from the Data Controller.
Location
The Data are processed at the Controller's premises and at any other place where the parties involved in the processing are located. For further information, please contact the Data Controller.
Times
The Data are processed for the time necessary to perform the service requested by the User, or required by the purposes described in this document, and the User may always request the interruption of the Processing or the deletion of the Data.
Cookies
Information pursuant to the General Provision of the Italian Data Protection Authority of 8 May 2014.
No information is shared between our site and third-party services.
20. AMENDMENT OR TRANSFER OF CONTRACT
These General Terms and Conditions of Sale consist of 3 pages and cannot be changed if not via another written document, signed by both parties. Any compulsory conditions imposed by law or by provisions of Public Authorities or other competent bodies are automatically incorporated in the Contract; equally, any provisions of the Contract that are inconsistent with these compulsory conditions shall be deemed implicitly repealed. In case of declaratory judgment of nullity or voidness from the jurisdictional authority relative to one or more non-essential contractual clauses, the Contract will continue, for the remaining clauses, to be effective between the parties, who shall be bound to take steps to fill any gaps that may arise as a result.21. JURISDICTION AND LEGAL VENUE
This Contract is regulated by and has to be interpreted in compliance with Italian law. For any dispute that may arise between the Parties, the sole Court of Trento shall be competent.22. APPROVAL OF CLAUSES
The parties declare that they have read and understood the exact content of all the clauses of this Contract, acknowledge that they have freely and fully negotiated them among themselves, and that they have specifically approved them in their entirety.23. TAX BURDENS AND CONTRACTUAL COSTS
All tax burdens and contractual costs are paid by the Client. All taxes and rights applicable to this Contract and to the services due in regard to it shall be stated on the invoice in addition to the price from the date and to the extent that such rights come in force. The Client declares having read and acknowledged the aforementioned General Terms and Conditions of Sale and declares, pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, to explicity and specifically approve the following clauses of the General Terms and Conditions of Sale: Art. 5 (Prices); 6 (Delivery terms); Art. 7 (Shipping); Art. 8 (Terms of payment); Art. 10 (Express termination clause); Art. 11 (Legal costs); the whole Art. 15 (Faults and defects, with particular reference to the limitation of the warranty to the replacement of the products due to a verified defect with the exclusion of termination and damage compensation; to the exclusion of the warranty for defects that are manifestly recognisable and accepted by the Client; to the exclusion of the warranty for products that can still be used); Art. 16 (Solve et repete); Art. 17 (Exclusions and limitations of liability); Art. 21 (Jurisdiction and legal venue).PRIVACY: DECLARATION OF CONSENT
Having read the attached Information Notice, having been informed of the rights provided for in Article 13 of Law No. 196/2003, and having received and accepted the transport and tax documents, all the above conditions are deemed to have been accepted.
PRIVACY POLICY
We would like to inform the Visitor of the website that the EU Regulation 2016/679 and the Italian Legislative Decree 196/2003, named “Personal Data Protection Code” (hereinafter referred to as the "Code"), provides for the protection of persons and other subjects with regard to the processing of personal data.Cereria Ronca, acting as Data controller (hereinafter referred to as “Controller”) uses the site not only as a means of information on its services, but also as a tool for collecting personal data. According to the specified regulations, the processing of such data is based on the principles of correctness, lawfulness and transparency, and the protection of the confidentiality and rights of the website Visitor.
During the stay of the Visitor on the website, the Controller's computer system will collect a number of technical data such as: IP address, browser type, operating system, host, and source URL. The Controller may use this data in aggregate and anonymous form for the purpose of statistical analysis of access to the site. This data will not, in any case, be disclosed to third parties, nor will it be disseminated. As regard to e-mail messages, to the explicit sending of requests for data and services, the Controller shall proceed, in compliance with the code, to collect the personal data (including the e-mail address) spontaneously transmitted, taking care of their subsequent filing (using paper, computer, telematic supports) for purposes in compliance with the interactions manifested by the Visitor and for the time necessary to verify and assess the indications provided, for the purpose of exchanging information or contacts.
The processing carried out concerns only common data. The presence of possible data qualifiable as “personal” (pursuant to the Art. 4 of the Code) entails the instant destruction of the relevant message, announcement, or communication provided by the Visitor.
The data gathered in the specific sections of the site may be communicated to other subjects within the scope of the purposes of fulfilment of possible requests and for the compliance with fiscal and legislative obligations, in general including relations with any accountants. In such cases, consent will always be required, which can be provided online by filling in a ticked box.
The Visitor is hereby made aware that the transmission of data via Internet cannot be regarded as obliged to any other performance than the correct application of the security standards imposed by the legislation in force.
In order to exercise the rights provided for in Article 7 of the Law, referred to above, the Visitor concerned must address his or her request to the Controller.
Data privacy and cookie policy
Legislation
Protection and processing of personal data in accordance with Legislative Decree 196/2003 and EU Regulation 2016/679.
Data Controller
Cereria Ronca Srl - Mattarello - 38123 Trento (TN) - Italy
Modalities
The Controller processes the Personal Data of Users by implementing appropriate security measures to prevent unauthorized access, divulgation, modification, or destruction of Personal Data. Processing is carried out through computer and/or telematic tools, with organizational methods and logic strictly related to the purposes indicated. In addition to the Controller, in some cases, categories of data processors involved in the organisation of the site (administrative, sales, marketing, legal, system administrators), namely external parties (such as third-party technical service providers, postal couriers, hosting providers, IT companies, communication agencies), may have access to the Data. They could also be appointed, if necessary, as Data Processors by the Data Controller. The updated list of Data Processors can always be requested from the Data Controller.
Location
The Data are processed at the Controller's premises and at any other place where the parties involved in the processing are located. For further information, please contact the Data Controller.
Times
The Data are processed for the time necessary to perform the service requested by the User, or required by the purposes described in this document, and the User may always request the interruption of the Processing or the deletion of the Data.
Cookies
Information pursuant to the General Provision of the Italian Data Protection Authority of 8 May 2014.
Ownership Type of data collected
Data Controller
Technical cookies for the functioning of the site, the visitor counter, pop-up screens
/it/lib/privacy
Google Analytics
Third-party cookies for statistical analysis and site visitor counter
Google Maps
Third-party cookies for the map service
Youtube
Third-party cookies for the video service
Third-party cookies for interaction with the social network
No information is shared between our site and third-party services.
RETURNS AND REFUNDS
Returns and refunds are accepted within 14 days from the delivery of the goods from the client. The products shall be returned in the same conditions in which they were delivered.The shipping costs for the return are paid by the client.
For any question or problem regarding the returns, the clients are invited to write via mail.
CONTACTS
Cereria Ronca SRLIT VAT NUMBER 01165770221
Tel. +39 0461 946030
Fax +39 0461 946029
Via della Cooperazione 13
Italy
38123 TRENTO
info@cereriaronca.it