Buyer: the person or company that buys or agrees to purchase the goods from the Seller.
Conditions: the terms and conditions of sale indicated in this document and all the special terms and conditions agreed in writing by the Seller.
Goods: the items that the Buyer agrees to purchase from the Seller.
Price: the price of the goods, excluding VAT and any transport, packaging and insurance costs.
Seller: OXXOT S.r.l.
VAT: IT 10321420969
Address Via A. Doria, 7 – 20124 Milan
2.1 These Conditions will form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, excluding all other terms and conditions, including the standard conditions of purchase of the Buyer or any other conditions to which the Buyer can claim to apply under any purchase order or order confirmation or any other document.
2.2 All orders of goods will be considered as an offer by the buyer for the purchase of goods from the seller according to these Conditions.
2.3 The acceptance of the delivery of the Goods will be considered a conclusive proof of the Buyer’s acceptance of these Conditions.
2.4 These Terms cannot be changed except with the written agreement of [a director of the] Seller.
2.5 These Conditions represent the entire agreement between the Seller and the Buyer. They replace any other previously issued conditions.
The Price will be amount [the price indicated on the Seller’s order confirmation]. The price is net of VAT which will be due at the rate in force on the date of the seller’s invoice.
4. Payment and interest
4.1 The payment of the price and VAT is due simultaneously with the purchase from the site or within the terms indicated on the invoice.
4.2 Interest on past due invoices will accrue from the date on which the payment becomes due calculated on a daily basis until the date of payment at the rate of 8% per annum above the base rate of the Bank of Italy from the moment in force. These interests will accrue after and before any judgment.
4.3 The Buyer will have to pay in full and not exercise any right of compensation or claim against the invoices presented by the Seller.
The quantity and description of the Products must be those indicated in the Seller’s order confirmation.
The Seller guarantees that the Goods will correspond at the time of delivery to the description provided by the Seller in the order confirmation.
7. Delivery of the goods
7.1 The delivery of the goods must be made to the buyer’s address. The Buyer must take all the necessary steps to take delivery of the goods on the day communicated by the Seller for delivery.
7.2 The Seller undertakes to do everything possible to ship the Products on an agreed delivery date, but does not guarantee to do so. Delivery times do not have to be essential for the contract.
7.3 The Seller will not be liable to the Buyer for any loss or damage arising directly or indirectly from late delivery or short delivery of the goods. In case of short-term delivery, the Buyer undertakes not to refuse the goods but to accept the delivered goods as part of the execution of the contract.
7.4 If the Buyer does not accept the delivery of the Goods on the agreed delivery date or, if a specific delivery date has not been agreed, when the Goods are ready for shipment, the Seller will have the right to keep and insure the Goods and to charge the Buyer for the reasonable costs of doing so.
8.Acceptance of the goods
8.1 The Buyer is deemed to have accepted the Goods 48 hours after delivery to the Buyer.
8.2 The Buyer must carry out a thorough inspection of the Goods within 48 hours of delivery and must send a written notification to the Seller within 5 working days of delivery of the Goods of any defects that a reasonable examination would have revealed.
8.3 Where the Buyer has accepted, or is deemed to have accepted, the Products that the Buyer will not have the right to refuse Products that do not comply with the contract.
9.Title and risk
9.1 The risk passes to the delivery of the goods to the buyer’s address.
9.2 Without prejudice to the early passage of risk, ownership of the goods will remain with the seller and will not pass to the buyer until the amount due on the invoice (including interest and costs) has been fully paid.
9.3 Until the expiry of the title, the Buyer will keep the Products as baggage for the Seller and store them or mark them so that they can be identified at any time as property of the Seller.
9.4 The Seller may at any time before the security passes and without any liability towards the Buyer:
9.4.1 recovery and dismantling and use or sale of all or part of the Goods and thereby terminate the purchaser’s right to use, sell or otherwise negotiate; is
9.4.2 for this purpose (or determine what happens if any goods are held by the Buyer and inspect them) enter any location or occupied by the Buyer.
9.5 The Seller may maintain an action for the price of any Goods despite this security not being passed to the Buyer.
10. Transportation of goods
Transportation will be chargeable on all sales. This will be at a cost of 5.90Eur including VAT for deliveries in Italy, 20Eur for the rest of Europe. See delivery terms for more information.