Mo-Food Srl (LLC)
GENERAL TERMS AND CONDITIONS OF SALE
The terms and conditions set out below (the “ General Terms and Conditions of Sale “ ) shall form part of all the agreements executed between the Seller and the Buyer for the supply of the Seller products (the”Products”).
The General Terms and Conditions of Sale shall apply to all transaction executed between the Seller and the Buyer without any need of express reference thereto or agreement thereon at the conclusion of such transaction. Any dissenting terms and conditions shall only apply if confirmed in writing by the Seller.
The Seller reserves the right to change, integrate or vary the General Terms and Conditions of Sale, by including such variations in the quotations or in any other written correspondence sent to the Buyer.
Offers and Orders.
The Seller’s offers shall not be binding, in particular with reference to quantities and prices.
Orders placed by the Buyer shall not be regarded as accepted before these have been confirmed through the transction in the website.
Orders and/or amendments of orders placed verbally or by telephone. Must be confirmed in writing by the Buyer. Otherwise the Seller does not accept any responsibility for errors or consequent misunderstandings.
3. Prices, Terms of Payment and withdraw.
The prices of the Products shall exclude any statutory VAT which shall be payable at the date of purchase or pursuant specific provisions included in the invoice.
Taxes, duties, insurance , art not included in the prices unless separately quoted.
In addition to other remedies permitted under the applicable law and these General Terms amd Conditions of Sale, the Seller reserves the right to recover default interest on delayed payments starting from the due date, calculated at the official reference rate of the European Central Bank increased by 7 (seven) points.
If the Buyer fails to take payments in the time and manner specified by the Seller or the Buyer business shall be operated beyond the ordinary course of business which shall include, without limitation , when seizure o protest has been made, payments shall be delayed or insolvency proceedings shall have been petitioned or opened , the Seller shall have the right to suspend or cancel, at its sole discretion. Moreover the Seller may in such event request for anticipation on the payments or a warranty deposit.
The Buyer shall have no right to make any compensation, retention or reduction unless the counterclaims have been conclusively determined by the court.
The Customer has the right to withdraw from the purchase contract for any reason, with no need to provide any explanations and with no penalty, within 30 days from the purchase.In order to exercise this right, the Customer must send email@example.com a specific written communication to this effect within 30 working days of the date on which the service has been purchased.
4. Terms of Warranty.
The Seller hereby represents and warrants that the Products shall be free from defect and shall comply with specifications indicated on website by the Seller.
For further Terms of warranty please refer to the document “General Service Policy Guide”.
The software is provided on an “as it is “ basis, without warranty of any kind, including without limitation the warranties of merchantability , fitness for a particular purpose , and non infringement . In no event unless required by applicable law or agreed to in writing, Mo-Food Srl will not be liable for damages , including any general , special, incidental or consequential damages arising out of the use or inability to use the program (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the program to operate with any other other programs, even if such Mo-Food Srl has been advised of the possibility of such damages.
5. Limitation of Liability.
Catalogues, price lists or other advertising matters of the seller are only an indication of the type of Products and no prices or other information contained herein shall be binding for the Seller. The Seller does not accept any responsibility for errors or omissions contained in its price lists or promotional matters.
6. Mo-Food Srl Intellectual Property.
The Client expressly recognizes tha trademarks, commercial names or other distinctive makrs on the products are in the exclusive property of Mo-Food Srl and will not be altered , changed, removed or cancelled in any manner. The Client has the limited right to use trademarks, commercial names or other distinctive marks, as well as other industrial exclusive right or Know how (productive or commercial) associated with products - which nonetheless remain in the exclusive property of Mo-Food Srl - to the limited purpose of the resale of the products to the final consumer. Any other utilization of the Mo-Food Srl Intellectual Property by the Client, if not expressly granted by Mo-Food Srl in writing , will be considered an infringement of the exclusive rights of Mo-Food Srl , and a breach of contract, and will be therefore prosecuted.
The documents, drawings , data and information ( both in written papers and on electronic support) which should be delivered to the Client, remain exclusive property of Mo-Food Srl and constitute a support for a better representation of the product and are significant of the general performances of the product itself. The Client engages itself not to reproduce them, neither to disclose them to a third party, and he engages himself to undertake the proper precaution towards staff in order to grant the above protection.
7.Data Protection Law.
The personal data of the Buyer shall be the Buyer that the seller is the data controller and that the Buyer’s personal data shall be collected and processed for the only purpose of the performance of this agreement . Pursuant article 7 of the Italian Legislative Decree 196/2003 , the Buyer has the right to ask the Seller the updating,, amendment, integration, writing off and transformation in anonymous form of its data.
8. Applicable Law.
In case of the Buyer is a subject having the Italian nationality, the present General Terms and Conditions of Sale and all the agreements executed between the Seller and the Buyer shall be governed by Italian laws.
On the contrary, in case of the Buyer, is a subject having a nationality different from the Italian one, the present General Terms and Conditions of Sale and all the agreements executed between the Seller and the Buyer shall be governed by the United Nations Convention of Vienna of 1980 on Contracts for the
International Sale of Goods.
Any dispute arising between the parties in connection with the interpretation, validity or performance of the present General Terms and Conditions of Sale and all of the relevant agreements, shall be of the exclusive competence of the referred to the Court of Bolzano
It is agreed between parties that the Seller , at its own discretion, may have the faculty to waive the exclusive jusrisdiction set forth in paragraph (a) to bring an action against the Buyer in its domicile and before any court of competent jusrisdiction..
10. Final Provisions.
The total or partial invalidity of any provision of the present General Terms and Conditions of Sale not affect the validity of the other provisions .
The present General Terms and Conditions of Sale have been drafted in both Italian and English languages . In case of problems of interpretation the Italian version shall prevail.
Pursuant articles 1341 and 1342 of the Italian Civil Code the Buyer hereby specifically accepts the following provisions: Art. 1(b)- Applicability of the General Terms and Conditions of Sale to all the transactions; Art.3 (d) – Non payment in the terms and opening of insolvency proceedings; Art.3 (e) – No right to make compensations, retentions or reductions; Art.5 Limitation of liability ; Art. 6 –Retention of Title; Art. 8 Applicable Law; Art. 9 Jurisdiction.
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