PREMISES
These General Conditions of Sale regulate the purchase and sale contracts concerning the products owned by Synclean S.r.l., based in 26862 Guardamiglio (LO), Via Salvo d’Acquisto n. 10 B, VAT number: IT01132060334, registered under no. 01132060334 of the Business Register at the Lodi Chamber of Commerce.
These General Conditions of Sale are governed by the rules on sale and by Italian law.
1. DEFINITIONS
The following definitions apply in these General Conditions of Sale:
- : the company Synclean S.r.l. as identified above;
- : the person who acts in the exercise of his business, commercial, artisan or professional activity, or the person who acts as a private individual and places an order for one or more Products;
- : the person who accesses the Website, browses and can make online purchases of the Products according to the established procedure;
- : the Seller and the Customer jointly;
- : the website owned by the Seller on which these General Conditions of Sale are published;
- General Conditions these General Contract Conditions;
- : the products sold by Synclean S.r.l. and indicated on its Website or in the Catalogs;
- : the purchase request made by the Customer to the Seller;
- Order Confirmation: the document that validates the Order request;
- Privacy Code: the Personal Data Protection Code, governed by Legislative Decree 30 June 2003, n. 196 and subsequent amendments and additions;
- Privacy Information Notice: the privacy information notice, drawn up in compliance with art. 13 of the Privacy Code and accessible at the following https://syncleanservice.storeden.com/page/page-privacy.
2. APPLICATION OF THESE GENERAL CONDITIONS
These General Conditions govern the sale of the Products by the Seller to the Customers and regulate the relationship between the Parties.
3. REGISTRATION
In cases where the Order is executed through the Website, the User may or may not decide to register.
In the case of registration, the latter coincides with the opening of an account and can be done at any time.
To register, the User must follow the procedure provided on the Website.
The registration procedure allows the Seller to guarantee the personal nature of the account and to avoid unlawful registrations.
During registration, the User expressly accepts these General Conditions.
In any case, the User guarantees the completeness, correctness and truthfulness of the data provided. In particular, the User guarantees: a) to be of age and capable (if the User is a minor, the registration, data entry and purchase procedure shall be performed by a parent or in any case by an adult); b) to possess the requisites established at the time of registration or order; c) to be the legitimate owner of the data entered, understood to be true, correct and updated; d) to comply with all legal and contractual provisions applicable to the relationship with the Seller; e) to undertake to comply with the provisions established by national legislation with particular reference to mandatory rules relating to public order and morality; f) not to transfer its Credentials to third parties.
The Seller reserves the right not to accept the registration or order request, as well as to remove a User in all cases in which unlawfulness, irregularity, incorrectness and the like may be identified.
The User is solely responsible for accessing the Website using its Credentials and is responsible for all operations carried out on the Website by means of said Credentials.
In any case, the User undertakes not to use the registration and related Services for profiling purposes of other Users, direct or indirect marketing, competition, industrial espionage, as well as for any other purpose conflicting with the Website and Services.
All data communicated by the Users to the Seller will be processed in compliance with EU Regulation 2016/679 (GDPR) and the Privacy Code, according to the information notice on the Website and accessible at the following LINK.
The email address provided allows the Seller to notify the User of all messages relating to the Services, products and the Website in general.
4. PRODUCTS
The Seller trades in Products consisting of machinery, accessories and spare parts related to industrial cleaning, and the like. The information and characteristics relating to the Products are indicated and illustrated on the Website within each product sheet, or in the dedicated Catalogs.
The graphic representation of the Products proposed on the Website or in the Catalogs, where available, as well as the images and colors, correspond to the photographic image of the Products. These images have the sole purpose of presenting the Products for sale, without any guarantee or commitment by the Seller as to the exact correspondence between the image depicted on the Website and the actual Product.
5. PRICE
The prices displayed or communicated may undergo changes without notice due to sudden changes in the cost of raw materials, production costs or the cost of labor and / or order management, due to sudden changes in original costs, or sudden changes in the rate of exchange of our currency, or with regard to products marketed and / or imported by us. For this reason, it is a duty of the customer to request updated quotations when placing the order. Therefore, if an order is placed via eCommerce, the customer will pay what is shown in the cart because it is valid as a request for confirmation of the latest prices applied, while if they purchase by email, telephone or other modalities, they will have to ask for confirmation of the latest updated prices. The VAT, if due, will be calculated at the time of execution of the Order, based on the country of destination of the goods or in any case on the basis of current legislation applicable to the Order.
Any other additional expense, such as for example shipping costs as well as taxes and any other ancillary expenses will be promptly indicated at the order stage and calculated separately, in addition to the price of the product itself, highlighting the total cost of the sale last.
No customs tax will be payable for delivery within the European Union, except when expressly established by law.
In any case, the User is requested to check any possibility of refunds of VAT or other taxes applicable to his country, if he is not an Italian citizen or in any case if he requests shipment to a place outside the Republic of Italy, provided that in both cases said place is within the European Union.
In the case of delivery outside the European Union, it is the Customer's responsibility to pay the customs duties, or any other taxes relating to importation of the products in the country where the delivery will be made.
In any case, the Customer is solely responsible for verifying the possibility of importing the products ordered with regard to the law of the country of delivery.
For B2B, the VAT regulations in force at the time of the order apply.
6. PURCHASE PROCEDURE AND CONCLUSION OF THE SALE
The purchase can be concluded via any one of the following procedures, as required:
a) online through the Website;
b) by email or by telephone through the Seller's contact details;
c) directly at the head office.
a) Conclusion of the online order through the Website
The User can make an online purchase both as an unregistered User and as a registered User.
In the event that the User proceeds with the Order without registration, he will still have to enter the data required for the purpose of carrying out the purchase. In such cases, the User guarantees in any case the completeness, correctness and truthfulness of the data provided.
In the event that the User proceeds with the Order after registering, please read the provisions of point 3 of these General Conditions.
All products offered for sale on the Website are illustrated and described in the respective information sheets.
The publication of the Products on the Website constitutes an invitation to the User to formulate a contractual purchase proposal and implies full knowledge and full acceptance of these General Conditions.
The purchase procedure is indicated on the Website. To conclude the contract, the User must complete the Order Form in electronic format and send it electronically to the Seller, following the relevant instructions.
The Order Form contains a reference to these General Conditions, as well as a summary of the information on the essential characteristics of each product ordered and the relative price (including all applicable taxes and duties), the means of payment and the delivery methods of the products purchased, the shipping costs, the conditions for exercising the right of withdrawal where applicable and the procedures and timescales for returning the products.
The purchase order is considered to have been made at the time of the validation "click" by the User.
The Order is accepted by the Seller sending a confirmation email to the email address communicated by the User.
We inform you that during the shipping phase the Seller carries out a further check on both the quality and actual availability of the products ordered and therefore reserves the possibility of canceling the order or part of it in the event that any lack of conformity of the Products ordered is found, or in the event that said Products are no longer available. In such cases, the Seller will refund the amount paid by the Consumer within 48/72 hours.
The Seller reserves the right not to accept the Order or to suspend it in the cases provided for in these General Conditions, such as in the event that the quantity of goods ordered is unusual and the buyer is suspected of incorrect behavior.
The sales contract will be concluded only when the purchase proposal receives the order confirmation from the Seller.
b) Conclusion of the order by email or by telephone through the Seller's contact details
In these cases, to conclude the contract, the Customer must contact the Seller by telephone or send the Order to the email address of the same, indicating the quantity and quality of the desired Products, its personal data, shipping address and any other information suitable for identifying in a certain and unequivocal manner the Products to be purchased.
The Seller reserves the right to accept the Order.
The Order is accepted by the Seller sending the Order Confirmation to the Customer, to the email address from which the request was received, together with a summary of the Order and these General Conditions or in any case to the email address of the company contact person.
The sales contract will be concluded when the Customer receives the Order Confirmation by email from the Seller.
The Customer is responsible for returning these signed General Conditions to the Seller.
The Customer is also responsible for verifying the correctness of the data and promptly reporting any errors or omissions to the Seller.
The Seller reserves the right to evaluate any quantitative limits on the purchase of products and to suspend the Order in the event that the number of products ordered is unjustifiably high: in this case, the User will be promptly contacted for related information.
The Seller reserves the right to suspend acceptance of the Order in the cases provided for in these General Conditions and even not to accept the Order itself in some cases, for example in the case of unavailability of the Product.
c) Conclusion of the order directly at the head office
The Customer can conclude the Order directly at the Seller’s head office. In such cases the Order conclusion procedure will be the one notified to the Customer at the time of execution of the Order.
7. METHOD OF PAYMENT
Once the Order has been placed, the Customer must pay the price of the requested products, taxes and ancillary costs in the manner indicated by the Seller in the Order Confirmation or in any case in the Website Form.
8. NON-PAYMENT
If the Products are delivered before full payment of the total amount due, the sale is understood in any case to be made with retention of title. Therefore, in the absence of payment or in the event of payment by installments, the products remain the exclusive property of the Seller until final payment is made.
The Seller reserves the right to claim the delivered products in the event of non-payment. In this case and at the request of the Seller, the Customer undertakes to promptly return any unpaid product, at its own expense.
In the case of several deliveries spread over a period of time, failure to pay the total amount due within the agreed terms will result in suspension of delivery of the products, as well as any ancillary services, until payment is made. It also involves the immediate issue of a formal notice of default to the Customer, with application of the conventional interest rate to the extent established by Legislative Decree 231/02 if the Purchasing User is a Professional or at the legal rate if he is a Consumer.
In the event of partial payments subsequent to expiry of the invoice, such payments will be charged, in the order, to expenses, interest and capital, and no other charges will be accepted.
9. FULFILLMENT OF THE ORDER AND DELIVERY OF THE PRODUCT
The order will be processed within the terms specified in the Order Confirmation by the Seller.
In this regard, the time of shipment will correspond to delivery of the goods to the courier in the case of the courier being indicated by the Seller and, in the case of the courier being chosen by the Customer (where applicable), the date of communication of availability for collection at the Seller's warehouse.
In the case of an Order relating to a single Product, the delivery terms coincide with those indicated for the same Product. In the case of an Order relating to multiple Products, unless otherwise indicated, the Order itself will be processed in one single solution according to the delivery times of the Product with the longest terms.
If anomalies occurred during transport are found on the Products delivered (damage, breakage, deterioration, etc.), the Customer must notify the Seller within 5 working days from receipt of the goods, providing the Seller with photographic documentation suitable to prove said anomalies.
If the delivery is made by means of a forwarding agent chosen by the Customer, the Seller will not be liable for any anomalies in the goods which have arisen during transport.
10. WARRANTIES
Sales from Professional to Consumer (B2C)
Legal guarantee of conformity
In the event that the buyer is a consumer, he is entitled to the legal guarantee of conformity on the goods sold. In particular, the Seller is obliged to deliver to the Consumer the Product in compliance with the sales contract. To this end it is assumed, among other things, that the Product complies with the contract if, where applicable, the following circumstances coexist:
a) it is suitable for the use for which goods of the same type are normally used;
b) it conforms to the description made by the Seller;
c) it presents the usual qualities and performances of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public statements on the specific characteristics of the Product made in this regard by the Seller.
The Seller is not bound by the public statements referred to in letter c) above when, also alternatively, it proves that:
1) it was not aware of the declaration and could not have known it with ordinary diligence;
2) the declaration was appropriately corrected prior to conclusion of the contract in order to be known to the Consumer;
3) the decision to purchase the Product was not influenced by the declaration.
There is no lack of conformity if, at the time of conclusion of the contract, the Consumer was aware of the defect and could not ignore it with ordinary diligence.
In any case, the Seller's liability is excluded if:
1) the defects or discrepancies were known by the Consumer and it did not report them in accordance with the established procedures;
2) the defects or discrepancies derive from instructions provided by the Consumer itself;
3) the defects or discrepancies are minor and rectification is impossible or excessively onerous;
4) the defects or discrepancies derive from tampering or technical intervention by unauthorized personnel;
5) in the case of incorporation / use of the Seller's Product in another product not attributable to the Seller itself, if the discrepancy is due to the design of the latter or to the instructions for incorporation / use.
In the case of delayed delivery of the Products through the fault of the Seller, the liability is in any case limited to a maximum amount equal to the sale price.
In no case will the expenses incurred by the Consumer autonomously without the express prior consent of the Seller be recognized as compensation for damage.
The presence of a conventional guarantee for certain products will be communicated on the Website, with the respective conditions, in the specific product sheet.
Consumer rights
In the presence of a lack of conformity, the Consumer has the right to rectification of the goods by repair or replacement, without charge, or an appropriate price reduction or termination of the contract.
At its choice, the Consumer can also request repair or replacement of the goods, without charge in both cases, unless the requested remedy is objectively impossible or excessively onerous compared to the other.
One of the two remedies is considered excessively onerous if it imposes unreasonable costs on the Seller compared to the other, taking into account:
a) the value that the asset would have if there was no lack of conformity;
b) the extent of the lack of conformity;
c) the possibility that the alternative remedy can be carried out without significant inconvenience to the Consumer.
Repairs or replacements will be made within a reasonable time from the request.
The Consumer may also request, at its choice, an appropriate reduction in the price or termination of the contract if one of the following situations occurs:
a) repair and replacement are impossible or excessively onerous;
b) the Seller has not repaired or replaced the goods within the appropriate period referred to above;
c) the replacement or repair previously carried out has caused considerable inconvenience to the Consumer.
In determining the amount of the reduction or the sum to be repaid, the use of the goods is taken into account.
After reporting the lack of conformity, the Seller may offer any other available remedy, with the following effects:
a) if the Consumer has already requested a specific remedy, the Seller remains obliged to implement it, with the necessary consequences regarding the expiry of the appropriate term referred to above, unless the Consumer accepts the alternative remedy proposed;
b) if the Consumer has not already requested a specific remedy, it must accept the proposal or reject it by choosing another remedy as indicated above.
A minor lack of conformity which it has not been possible to repair or replace or which is excessively onerous to repair or replace does not entitle the Consumer to terminate the contract.
Terms
In cases where the Product has a lack of conformity, the Consumer must report it to the Seller within two months of discovery at the certified email address ......... or by registered letter with return receipt
……………………
The Seller is liable for the lack of conformity manifested within two years from delivery and / or collection of the Product. The Consumer loses its warranty rights if it does not report the lack of conformity to the Seller within two months from the date on which it discovered said lack of conformity. In any case, the action of the Consumer aimed at asserting such defects is time-barred within twenty-six months from delivery of the goods.
B2B professional sale
Legal guarantee of conformity
The guarantee of conformity of the goods sold concerns the defects of the Product that are such as to make it unsuitable for the use for which it is intended or such as to appreciably decrease its value. In such cases the Customer must, under penalty of forfeiture, notify the Seller of the presence of the defects within eight days of their discovery. The action is time-barred in any case within one year from delivery.
The guarantee is not due if at the time of the contract the Customer knew the defects of the goods or if the defects were easily recognizable by the same.
Conventional ("commercial") warranty
In any case, the Seller indicates whether a conventional ("commercial") Guarantee is provided for the Product and, if so, illustrates the terms and conditions.
The possible presence of a conventional guarantee does not affect the legal guarantee of conformity.
Product warranty
The Products all comply with the disclosure regulations on the parts that compose them and with the other applicable regulations.
Damages that the Product may cause to things or people are refundable within the limits set out in the Consumer Code where applicable.
11. RIGHT OF WITHDRAWAL
In the case of B2C sales, pursuant to art. 52 and following of the Consumer Code, the Consumer has the right to withdraw from the purchase contract without any penalty and without any obligation to specify the reasons.
Exercise of the right of withdrawal is however excluded, among other things, in the following cases:
• sale of goods made to measure or clearly personalized;
• sale of sealed goods which cannot be returned for reasons of hygiene or related to health protection and which have been opened after delivery;
• in the event that the seal applied by the Seller during shipment has been removed from the purchased Product.
Where vice versa applicable, the right of withdrawal must be exercised within 14 (fourteen) days from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the Product (or from the date of receipt of the Product).
To exercise the right of withdrawal, the Consumer must send, prior to expiry of the term, a communication to the Seller with an explicit declaration of its decision to withdraw, also using the form at the bottom of this document. This declaration must be sent by certified email to the address ........................... or by registered letter with return receipt addressed to..............
The product must be returned in its original packaging and in a perfectly clean state.
The substantial integrity of the product to be returned is an essential condition for exercising the right of withdrawal. Returns damaged, without the seal or showing signs of wear will not be accepted, but only those kept in a normal state of conservation and / or kept with the use of normal diligence.
Inside the packaging box, a copy of the delivery document received as well as a copy of the email conversation regarding the return will be inserted.
The direct costs for returning the Product, including any insurance costs, are borne by the Consumer.
The risks of transport for the return of the Product are fully borne by the Consumer, as well as the costs necessary for its return.
Once the integrity of the returned Product and compliance with the other conditions indicated above have been verified, the Seller will refund the Consumer the full amount paid, no later than 14 (fourteen) days from the date of receipt of the Product, by the same means of payment used by the Consumer. In any case, the Seller may withhold the refund until it has received the returned Products.
The Seller is not required to reimburse the additional costs if the Consumer has expressly chosen a type of delivery other than the least expensive type offered by the Seller.
For brief instructions on the rights and practical methods of exercising them, please refer to the end of these Conditions, where specific additional information will be provided.
Where applicable, the right of withdrawal puts an end to any obligation between the parties, without prejudice to the obligations of returning the Products and reimbursement and all the others described above, as well as terminating by right all and any accessory contracts.
12. FORCE MAJEURE
In the event of force majeure, execution of the Order will be suspended.
The following are considered cases of force majeure in addition to those normally considered: total or partial strikes internal or external to the Seller's company, the blocking of means of transport or supply for any reason, governmental or legal restrictions, computer or electricity failures, blocking of telecommunications including networks and in particular the internet, pandemics, atmospheric events, riots, fire and theft.
13. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
The Website, the SYNCLEAN brand, domain names, websites (including their content and the images contained therein), unregistered signs, designs, catalogs, products, know-how and any good subject to intellectual and industrial property rights related to the same are the exclusive property of or licensed for use by the Seller.
Any partial or total reproduction of the same, as well as their use or transfer to third parties are formally prohibited.
It is therefore forbidden to copy, disclose and modify the contents protected by copyright, registered trademarks or other intellectual and industrial property rights of the Seller.
The brands and logos of the platforms that provide payment instruments, social networks, couriers and the like and any other logo not directly or indirectly attributable to the Seller are the property of their respective owners and are indicated on the Website solely for information purposes, to allow execution of the related Services.
14. EXPRESS TERMINATION CLAUSE
The sales contract is terminated by law, pursuant to art. 1456 of the Italian Civil Code, in all cases of breach of the rules of these General Conditions and in particular of the following ones:
7) Non-payment;
11) Industrial and intellectual property rights.
The legal termination is finalized when the party intending to make use of this clause communicates said wish to the other and indicates the circumstance, among those provided above, which it believes to have occurred.
15. NULLITY OR INEFFECTIVENESS OF THE CLAUSES
If a clause of these General Conditions is found to be null or ineffective, any nullity or ineffectiveness will not extend to the remaining clauses, which will therefore continue to remain valid and effective.
16. CHANGES TO THESE GENERAL CONDITIONS
The Seller reserves the right to modify, at any time and without notice, the content of these General Conditions: the relationship will be governed by the text of the General Conditions at the time of the conclusion of the Purchase Order.
17. FAILURE TO EXERCISE A RIGHT
Failure to exercise a right by the Seller does not represent any waiver of action against the User or against third parties for the breach of commitments undertaken.
The Seller, therefore, reserves the right to assert its rights in any case, within the established terms.
18. PROCESSING OF PERSONAL DATA (PRIVACY)
The User is invited to carefully read the information on the processing of personal data (Privacy Information Notice) provided pursuant to Articles 13 and 14 of Regulation (EU) 2016/679 (GDPR) as well as the Italian legislation currently in force available on the Website and with the acceptance of these general conditions provides consent to the processing of its personal data for the purposes and in the manner indicated in the aforementioned information. The Customer's personal, corporate and tax data, acquired directly or indirectly by Synclean S.r.l., will be collected and processed in paper, computer or telematic form, exclusively for the purpose of allowing the execution of purchase orders. The data acquired by Synclean S.r.l. will be kept for a period of time not exceeding that necessary for the purposes for which they were collected and subsequently processed. However, their removal will take place safely. Although not expressly provided for here, reference is made to the aforementioned information which the Customer declares to have received, read and understood.
19. APPLICABLE LAW
The General Conditions are governed exclusively by Italian law, by the Community regulations of the European Union and by the International Conventions that have effect and are recognized in the Republic of Italy.
20. JURISDICTION AND COMPETENT COURT
For any dispute concerning the interpretation, execution and termination of these General Conditions and the resulting sales relationship, the Italian Judicial Authority has exclusive jurisdiction and the Court of Lodi is exclusively competent, without prejudice to the mandatory and exclusive jurisdiction of the Court of Milan, Business Section, for the cases expressly provided for by the applicable legislation.
Any exclusive and mandatory jurisdictions and competences provided for by the sector regulations remain unaffected.
21. COMMUNICATIONS
Any communication between the Parties will be considered valid and effective if made at the addresses indicated below:
- for the Seller: the email address .................. or the certified email ............ .., or the address of the registered office;
- for the Customer: the email address from which the Order comes, or the address of the registered office or residence address.
22. AMENDMENTS TO THESE GENERAL CONDITIONS
The Seller reserves the right to modify the content of these General Conditions at any time and without notice: the relationship will be governed by the text of the General Conditions at the time the User sends the Purchase Order. The User is therefore invited to expressly read the text of these General Conditions always before sending the Purchase Order, in order to check the updated text at the time of the Order.
FOR ACKNOWLEDGMENT AND ACCEPTANCE OF THE GENERAL CONTRACT CONDITIONS WITH ACCEPTANCE OF THE RELEVANT CLAUSES
Pursuant to and for the purposes of articles. 1341 and 1342 of the Italian Civil Code, the Customer declares to have read and understood these General Conditions, which are approved in their entirety and specifically with regard to the following clauses:
17. Applicable law; 19. Jurisdiction and competent court.
Return Policy
RIGHT OF WITHDRAWALIn the case of B2C sales, pursuant to art. 52 and following of the Consumer Code, the Consumer has the right to withdraw from the purchase contract without any penalty and without any obligation to specify the reasons.
Exercise of the right of withdrawal is however excluded, among other things, in the following cases:
• sale of goods made to measure or clearly personalized;
• sale of sealed goods which cannot be returned for reasons of hygiene or related to health protection and which have been opened after delivery;
• in the event that the seal applied by the Seller during shipment has been removed from the purchased Product.
Where vice versa applicable, the right of withdrawal must be exercised within 14 (fourteen) days from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the Product (or from the date of receipt of the Product).
To exercise the right of withdrawal, the Consumer must send, prior to expiry of the term, a communication to the Seller with an explicit declaration of its decision to withdraw, also using the form at the bottom of this document. This declaration must be sent by certified email to the address ........................... or by registered letter with return receipt addressed to..............
The product must be returned in its original packaging and in a perfectly clean state.
The substantial integrity of the product to be returned is an essential condition for exercising the right of withdrawal. Returns damaged, without the seal or showing signs of wear will not be accepted, but only those kept in a normal state of conservation and / or kept with the use of normal diligence.
Inside the packaging box, a copy of the delivery document received as well as a copy of the email conversation regarding the return will be inserted.
The direct costs for returning the Product, including any insurance costs, are borne by the Consumer.
The risks of transport for the return of the Product are fully borne by the Consumer, as well as the costs necessary for its return.
Once the integrity of the returned Product and compliance with the other conditions indicated above have been verified, the Seller will refund the Consumer the full amount paid, no later than 14 (fourteen) days from the date of receipt of the Product, by the same means of payment used by the Consumer. In any case, the Seller may withhold the refund until it has received the returned Products.
The Seller is not required to reimburse the additional costs if the Consumer has expressly chosen a type of delivery other than the least expensive type offered by the Seller.
For brief instructions on the rights and practical methods of exercising them, please refer to the end of these Conditions, where specific additional information will be provided.
Where applicable, the right of withdrawal puts an end to any obligation between the parties, without prejudice to the obligations of returning the Products and reimbursement and all the others described above, as well as terminating by right all and any accessory contracts.