1. General Information
These terms and conditions of sale of the company Meccanica STM S.r.l. apply to the collection of orders, sales and deliveries of products that the Company markets in the sole capacity as distributor through the catalogue, offers, advertising and quotations by means of e-commerce, distance selling or orally. The terms and conditions apply to businesses, legal entities, professionals and consumers in general, as defined by current legislation and in particular, Legislative Decree no. 206 of September 6, 2005, named "Consumer code". Purchases made by the customer from the Company Meccanica STM S.r.l. are made according to the customer's needs and activities. All orders imply the full and unreserved acceptance of these terms and conditions of sale. The terms and conditions of purchase of the buyer are irrelevant for the purposes of the interpretation and application of this contract.
2. Quotations, Orders
Only quotations submitted in writing and during the period indicated in the quote are considered valid by law. Orders can be made and are properly received by Meccanica STM S.r.l. at the addresses specifically indicated in the order, via the Internet, by phone, postal mail, fax, on the customer’s letterhead or with the customer’s stamp, or by e-mail. The contract shall be considered concluded only upon formal acceptance of the order by Meccanica STM S.r.l. Meccanica STM S.r.l. reserves the right to confirm the order by any means useful, with specific notice to the customer's address. The customer must check the order confirmation and immediately communicate any error, omission or discrepancy with respect to the order. Otherwise, the object of the contract of sale shall be determined on the basis of the order confirmation sent by Meccanica STM S.r.l. Orders placed directly by the customer or by an attorney or other person authorised to act in its name or on its behalf will have binding legal effect for the customer.
The prices are established by Meccanica STM S.r.l.
4. Terms of payment
Payment of invoices is made through credit card or wire transfer, net and without discount. Failure to pay an invoice by its due-date shall entail, without notice and in default of the debtor, the assignment in favour of Meccanica STM S.r.l. of compensation arising from default and lump-sum interests determined by the sum of the resulting percentage, according to the legal rate determined on the basis of the existing legislation (and in particular, within the meaning and effect of Leg. Decree no. 231/2002) compared to the price including VAT. This disclaimer does not affect the immediate exigibility of credit.
5. Delivery times
The delivery times are established according to good faith, except for impediments due to unforeseeable circumstances or acts of God, and are purely indicative. Unless the parties agree otherwise in writing, a delay in delivery time cannot, under any circumstances, justify a right of withdrawal or compensation. In case the ordered goods are not available in stock, the delivery will be carried out on the basis of the actual manufacturer's supply capacity. In this case, Meccanica STM S.r.l. will inform the customer of the expected delivery date.
6. Transfer of ownership of the goods and charges payable by the customer upon delivery
Upon delivery of the goods, the customer must check that the number of packages matches the order, as well as the physical integrity of the packages delivered. Any damages or deficiencies shall be promptly communicated to the carrier and mentioned in the Bill of lading before affixing the signature, or the customer otherwise writes "ACCEPTED WITH RESERVATIONS" on the waybill and signs it. The contents of the packages must be promptly checked and any defects relating to their physical integrity, correspondence or the completeness of the products received should be reported to the carrier within 48 hours, by registered letter with return receipt. The transfer of ownership of the product is formalised when the customer processes full payment of the invoiced price. In case of failure to process full payment by the deadline indicated, Meccanica STM S.r.l. shall be entitled to demand immediate restitution of the delivered products.
If the products do not conform in terms of quality or quantity to the description given in the order confirmation, the customer must file a specific claim with Meccanica STM S.r.l. in writing, within 7 days of delivery. No product will be accepted unless by prior arrangement with our customer service and provided that the goods are returned undamaged and in their original packaging, shipped by registered mail with return receipt and with attached a copy of the invoice. The return number provided by our customer service operators, which is valid for 15 days, must be mentioned in the return package. The costs and risks tied to transport are borne by the customer. Refunds will not be accepted for products with features corresponding to those indicated in the orders and that are suitable for use.
8. Processing of personal data
All disputes concerning the interpretation, application, or termination of the contract are governed by Italian law. In case of dispute, the competent Court conventionally chosen by the parties is that of Treviso.
In any case, Meccanica STM S.r.l. is entitled to act in any other presiding jurisdiction, in particular that of the head office or the place of delivery of the goods.