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Terms and Conditions


1. TERMS ACCEPTANCE
2. PRICES
3. CONTRACT CONCLUSION, SHIPPING AND PRODUCTS RETURN
4. DELIVERY TERMS AND EXECUTION ORDER RULES
5. MANUFACTURER WARRANTY
6. INVOICES CLAIMS
7. RESPONSIBILITY LIMITATION
8. SOFTWARE RIGHTS
9. OWNERSHIP RESERVATION
10. PAYMENT TERMS
11. SOLIDARITY
12. JURISDICTION AND APPLICABLE LAW
13. PRIVACY


1. TERMS ACCEPTANCE
1.1 These general conditions of sale govern all relations between Eximia Srl and the Customer unless expressly waived in special conditions agreed in writing. 
1.2 The present general conditions, as well as any special conditions, are accepted by the customer even if they differ from general or special conditions of purchase by the customer. These will commit Eximia Srl only if expressly accepted with written acceptance.

2. PRICES
2.1 Unless otherwise provided, offers and price lists are those published by Eximia Srl, however they may be modified from Eximia Srl without notice.
2.2 Orders, even if confirmed, shall be deemed accepted unless there is any rise in the prices charged by suppliers or arising from circumstances beyond the control of Eximia Srl, in this case Eximia Srl has the right to increase selling prices to the Customer in proportion to the increase that it is incurring.
2.3In the event of a price increase of more than 10% between the order confirmation date and the actual delivery, the Customer will be informed and may terminate the contract, which shall be communicated in writing within 5 days.

3. CONTRACT CONCLUSION, SHIPPING AND PRODUCTS RETURN
3.1 Contract is concluded with the confirmation by Eximia Srl order issued by the customer or by the beginning of execution.In both cases, the products are considered received and accepted at the warehouse Eximia Srl by the Customer, from that moment he becomes responsible, except for the reservation of ownership in art. 9.

3.2 In case that to sale follows the products transport in a different place than the initially established, products travel at the risk of the customer, even in case of sale or delivery made "free port". All exceptions or reserves about the status of the goods carried must be made to the carrier by registered mail to be sent within 48 hours of receipt of goods.
3.3 The hardware purchase does not imply in any way the installation / functioning / first start support about purchased products by the company Eximia Ltd.

4. DELIVERY TERMS AND EXECUTION ORDER RULES 
4.1 The delivery times are indicative non-essential.
4.2 Every single order or delivery will be considered autonomous and independent from any other order or delivery. 
4.3 Eximia Ltd reserves the right to process the order through partial deliveries. If the Customer wishes to reject any partial delivery of the goods, must declare in advance in writing. 
4.4 Eximia Ltd reserves the right to refuse a customer's order contained a demand for unique and complete avoidance of the goods ordered. In this case, the order acceptance by Eximia Ltd will be considered binding only if made in writing.
4.5 In the event the delivery of the ordered goods becomes impossible or more costly in every way from causes not dependent on its will, Eximia Ltd may terminate, by means of a simple written notice to the customer, the contract concluded with order confirmation by Eximia Ltd.
4.6 Unless otherwise expressly agreed in writing, the order fulfillment by Eximia Srl beyond the estimated delivery terms will not entitle to Customer the contract termination request, unless it is a delay that it take the form of a serious breach of contract.
4.7 If the Customer wishes to terminate the contract due to a delay in delivery, should invite in writing Eximia Ltd to process the order, or the part of order not processed, within a reasonable period of not less than 15 days. The contract will be terminated if Eximia Srl has not done delivery within time established. 
4.8 Unless prior communication by Customer that it intends to accept only the complete fulfillment of order, pursuant to art. 4.3, the customer never may refuse or delay payment for received goods on the basis of an order even partially executed. 
4.9 Eximia Ltd is not obliged to accept returns of supplied products. Salvo previo consenso scritto di Eximia Srl, nessun reso sarà accettato se non sia integro, nel proprio imballo originale, intatto, e senza abrasivi o etichette diversi da quelli originali. Un numero di reso (RMA) ottenuto presso il Servizio Clienti sarà valido per 15 giorni dalla data di rilascio e dovrà essere chiaramente, menzionato sull'imballo al momento della restituzione. Trascorso tale termine il numero di reso (RMA) cesserà automaticamente di avere efficacia e il reso non sarà più accettato. Le spese di spedizione saranno sempre a carico del cliente. Eximia Srl si riserva il diritto insindacabile di respingere totalmente o parzialmente i prodotti resi nei seguenti casi: imballo mancante o manomesso, invio incompleto della merce, merce che presenta alterazioni rispetto al suo stato originale. 

5. MANUFACTURER WARRANTY 
5.1 Sides recognize that Eximia Srl is only a trader of products manufactured by third parties, therefore, the warranty on the proper functioning of the products delivered by Eximia Srl is limited to that granted by the manufacturer and / or owner of the product.
5.2 If this is required by the manufacturer's warranty and / or holder of the product marketed by Eximia Srl, established material defects of the product Eximia Srl will replace defective components. 
The validity of this guarantee is, however, strictly subject to the exact use of product delivered as specified in catalogs, warnings and user manuals made available to the user. 

5.3 Claims relating to products delivered by Eximia Srl to customer must be received by fax, e-mail or by registered letter to Eximia Srl C.so di Porta Romana 87 / B, 20122 Milan within 8 days of goods receipt, attaching a copy of bubble, of invoice or accompanying document, clearly exposing the claim reasons. After this deadline, the claim will not be accepted.
5.4 Under no circumstances eximia Srl guarantees that the products supplied are suitable for the specific needs of the user. 

6. CLAIMS RELATING TO INVOICES 
6.1 Any complaints regarding the invoices issued by Eximia Srl must be brought to the attention of Eximia Srl via registered letter sent within 10 days from invoice receipt. Failing that, the invoices are accepted without reservation. 
6.2 No claim may, in any case, justify the delay or non-payment. 

7. LIABILITY LIMITATION
7.1 If Eximia Srl was held responsible for the total or partial non-performance of its obligations arising from contract, the total compensation due to the customer shall in no case exceed 10% of the price of goods that caused the injury. 

8. RIGHTS ON SOFTWARE 
8.1 The rights to the software marketed by Eximia Srl remain property of manufacturers and / or owners of the rights to the software, that only agree to customers a license to use. All rights to the software are reserved and absolutely forbidden to Customer sell to third parties, sublicense, pledge, or otherwise dispose, in return for payment or free of charge, the rights to the software.
8.2 The Customer agrees not to remove or alter the rights notices contained on the material supports programs and user manual, not to modify in any way the products and make them only legitimate uses and / or permitted. 
8.3 The Customer also agrees to maintain products with the necessary diligence, strictly applying all instructions of the manufacturer or dealer; in particular, the customer can not counterfeit information technology products, nor permit or encourage in any way their counterfeiting.

9. PROPERTY RESERVE 
9.1 The products remain full property of Eximia Srl until full payment of price, expenses and taxes. 
9.2 The Customer undertakes to immediately notify Eximia Srl, under penalty of compensation for any damage, of any seizure or confiscation by a third party of products that Customer has purchased from Eximia Srl and which have not yet been fully paid.
9.3 In case it is subject to insolvency proceedings,Customer agrees to allow Eximia Srl to repossess its products without advance notice;expenses related to products withdrawal will be charged to Customer.
9.4 In case of non-payment, in whole or in part, at expiration Eximia Srl may, without a  prior court order, take possession of such products and their accessories.
Customer undertakes to consent without opposing exceptions.


10. PAYMENT TERMS AND CONDITIONS 
10.1 The payment methods are listed at the time of purchase, in particular:

  • payment through the online payment system PayPal 
  • bank transfer 
  • bank check
 
10.2 The goods shipment will be provided upon receipt of payment.


11. SOLIDARITY 
11.1 If Customer requests that the invoice or debit note is issued on behalf of a third party, both the Customer and the Third Party are jointly and severally liable for payment of the invoice and for failure of any commitment resulting from the general and special conditions of the contract.

12. JURISDICTION AND APPLICABLE LAW
12.1 For any disputs has exclusive jurisdiction the Court of Milan.
12.2 The contract between Customer and Eximia Srl, and so everything as expressly provided in these terms and conditions of sale, shall be governed by Italian Law.

13. CONSUMER INFORMATION AND PRIVACY PROTECTION
13.1. To be able to proceed with registration, placing an order, and then the conclusion of this agreement are required through the Site any personal information to the consumer. The Consumer acknowledges that the personal data will be recorded and used by the Seller and Eximia Srl, in accordance with and in compliance with Italian law referred to in Legislative Decree no. N. 196/2003 and subsequent amendments - Privacy Code, to give effect to each purchase made through the Site and, with his consent, for any additional assets as indicated in the privacy policy provided to the consumer through the Site at the time of registration.

13.2. The Consumer hereby represents and warrants that the data provided to the Seller during the registration process and purchase are true and correct.
13.3. The Consumer may at any time update and / or change his personal informations provided to Seller, through the appropriate section of the site "My Account" accessible after authentication.

 

 


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