Terms and conditions of sale
These general conditions of sale of products apply to all sales of products made by Italy Water s.r.l.
2. ORDERS
Orders must be received through our e-commerce www.italywater.it, with a clear indication of the product code, description and quantity of the goods requested.
Italy Water s.r.l. has the right to accept and process orders in whole or in part.
3. PRICES
The offers and price lists of the products are those published at the time the order is placed; however, they may be indicative and may be modified by Italy Water s.r.l., even without notice.
The prices applied are ex-warehouse Italy Water s.r.l., non-standard packaging costs, cash on delivery costs, VAT and taxes excluded; all shipping costs are the responsibility of the Buyer.
4. DELIVERY
Italy Water s.r.l. will ship the goods referred to in the confirmed order proposal within 2-3 working days from receipt of payment thereof, except in cases of force majeure, it being understood that such delivery term must be considered indicative and not essential.
The Products are intended to be delivered to the Buyer with delivery to the latter, or to the courier for transport. From that moment Italy Water s.r.l. is free from the risk of loss and/or damage to the Products.
Each individual order or delivery will be considered autonomous and independent from any other order or delivery.
Italy Water s.r.l. reserves the right to process the order also through partial deliveries. If the Buyer intends to refuse any partial delivery of the goods, he must declare this in advance in writing.
The simple delay in delivery of the Products, whatever the cause thereof, does not generate any right to compensation or damages for the Buyer.
5. PAYMENT DELAY
In the event that more than three working days have passed since the moment of sending our order confirmation, Italy Water will consider the order cancelled and the products subject to the order will be made available again for other Customers.
6. RETENTION OF OWNERSHIP
The Products remain the full property of Italy Water s.r.l. until full payment of the price, and related expenses, taxes and duties. The Buyer must immediately inform Italy Water s.r.l. in writing in the event of any enforcement procedures concerning the Products.
7. RETENTION OF OWNERSHIP OF THE IMAGES AND THE ITALY WATER BRAND
The brands and logos are the property of their respective owners. The Italy Water, WHT Water Hi Tech brand is the property of Italy Water s.r.l.
The Buyer is required to communicate in writing the use of the brand and images present in this catalog or on the website, Italy Water s.r.l. may grant such rights exclusively with a written communication.
It is forbidden to advertise, display, present the systems marketed and/or produced by Italy Water s.r.l. and sell them to the end user if they are purchased from another supplier.
In the event of failure to comply with the above, we will therefore consider ourselves free to take legal action to protect our rights.
8. WARRANTY
Italy Water s.r.l. guarantees exclusively the conformity of the Products, at the time of delivery, to the specifications indicated in the accompanying documentation and the absence of manufacturing defects or pre-existing materials at the time of sale.
Italy Water s.r.l. does not guarantee the suitability of the products for uses other than those indicated in the use and maintenance manual.
The warranty will be effective for 1 (one) year from the date of delivery of the products under the terms and conditions set out in this article.
By way of derogation from this period, brass and/or stainless steel rotary pumps, ultraviolet lamps, are covered by a warranty for a period of 6 (six) months; filtering parts, such as reverse osmosis membranes, filter cartridges, o-rings, subject to wear are not covered by any warranty.
The warranty is excluded in the event of:
a) absence of the product branding and identification label; b) failure to perform, insufficient, untimely or improper periodic maintenance of the products, including the replacement of suitable consumables, in accordance with the instructions contained in the use and maintenance manual. c) damage caused by transport, or which in any case is attributable to causes other than defects in the manufacturing process or materials.
The sole possession of the appliance does not give the right to the warranty itself.
Repairs carried out under warranty must be sent to the headquarters of Italy Water s.r.l., transport costs are to be considered borne by the Buyer.
This warranty expressly and definitively modifies and replaces any other legal remedy in relation to defects and faults in operation, such as, by way of example, those provided for by articles 1490 and 1512 of the civil code.
8. WARRANTY
Italy Water s.r.l. guarantees exclusively the conformity of the Products, at the time of delivery, to the specifications indicated in the accompanying documentation and the absence of manufacturing defects or pre-existing materials to the sale.
Italy Water s.r.l. does not guarantee the suitability of the products for uses other than those indicated in the use and maintenance manual.
The warranty will be effective for 1 (one) year from the date of delivery of the products under the terms and conditions set out in this article.
In derogation of this period, rotary pumps in brass and/or stainless steel, ultraviolet lamps, are covered by a warranty for a period of 6 (six) months; filtering parts, such as reverse osmosis membranes, filter cartridges, o-rings, subject to wear are not covered by any warranty.
The warranty is excluded in the event of:
a) absence of the product branding and identification label; b) failure to perform, insufficient, untimely or improper periodic maintenance of the products, including the replacement of suitable consumables, in accordance with the instructions contained in the use and maintenance manual. c) damage caused by transport, or which in any case is attributable to causes other than defects in the manufacturing process or materials.
Possession of the appliance alone does not give the right to the warranty itself.
Repairs carried out under warranty must be sent to the headquarters of Italy Water s.r.l., transport costs are to be borne by the Buyer.
This warranty expressly and definitively modifies and replaces any other legal remedy in relation to defects and faults in operation, such as, by way of example, those provided for by articles 1490 and 1512 of the civil code.
The provision of art. 1490, second paragraph, of the civil code remains valid with reference to the terms of this warranty.
9. TERMS AND PROCEDURES FOR THE APPLICATION OF THE WARRANTY.
The Buyer must report, under penalty of forfeiture, any defects in the Products covered by the warranty, by written communication, sent directly to Italy Water s.r.l., within 8 (eight) days of discovering the defect, attaching a copy of the transport document, invoice or accompanying document, clearly stating the alleged defect. After this deadline, the exception can no longer be accepted.
10. SOLVE ET REPETE.
Any notification of defects or pending complaints do not entitle the Buyer to suspend or delay payments due.
11. LIMITATION OF COMPENSATION FOR DAMAGES.
Even in the case of defects covered by the warranty, the liability of Italy Water s.r.l. will be limited to the obligation to repair the Product or replace the Product, at its option, or, always at the option of Italy Water s.r.l., to the refund of the price paid by the Buyer for the defective Product. The Buyer must ensure optimal execution of the installation of the systems; the assembly of control equipment such as pressure reducers and non-return valves upstream of each system, in the event of a fault, failure to install such equipment could void any form of warranty.
Italy Water s.r.l. therefore will not be liable for any further damages that may be suffered by the Buyer or by third parties, such as, by way of example and not limited to, damages suffered by the Buyer or by third parties for the consequences deriving from the use of the Products, direct and indirect damages at random, such as, by way of example, production stoppages, damage to the Products and to the property of the Buyer and/or third parties, costs of technical interventions and ordinary and extraordinary maintenance.
12. RETURNS.
Italy Water s.r.l. accepts any returns of the Products with prior written consent, the latter will only accept intact returns. In order to proceed with the acceptance of the return, the Buyer must fill out the "RMA" form in its entirety and send it by email to ordini@italywater.it, Italy Water s.r.l. through its Customer Service will communicate to the buyer a return number (the "Authorization Number"), which will be valid for 15 days from the date of issue and must be clearly mentioned on the packaging at the time of return. After this period, the Authorization Number will automatically cease to be effective and the return will no longer be accepted. The return shipment, by the Buyer, must take place with shipping costs paid by the Buyer.
13. APPLICABLE LAW
These general conditions and the supplies carried out pursuant to them are governed by Italian law.
14. COMPETENT COURT
For any and all disputes arising from supplies governed by these general conditions of sale, the Court of Palermo will have exclusive jurisdiction.