Terms and conditions
In this text, the term "we" means Man.El.Service srl and "you" means yourself and that is the customer. These Terms and Conditions, together with your Order Confirmation, constitute the Contract between us and you for the supply of the Products. No other conditions or terms will apply. The Contract may not be modified except by written agreement or by e-mail.
2. Place an Order
2.1 To place an Order it is necessary to be of legal age and reachable by a fixed telephone line (not by mobile phones).
2.2 It is possible to place an Order:
2.2.1 by filling out the Order Form available at the Man.El.Service srl Web Store, after registering and creating your personal account, and pressing the "Complete Order" button;
2.2.2 by calling our Number indicated on the Contact page of the site between 09.00 and 18.00 from Monday to Friday.
Orders made with methods other than those indicated above will not be accepted.
2.3 When placing an Order, we will assign you an Order Number, unless the Order was placed by phone, in which case, the Web Order Number will be assigned to you by phone.
2.4 By placing an Order you make a proposal to purchase the Products chosen on the basis of these Terms and Conditions of Sale. We will be free to decide whether or not to accept this proposal.
2.5 If the Order is accepted, we will inform you of the acceptance by issuing an Order Confirmation which will be sent to you by e-mail. The Order Confirmation will be effective at the time it is sent. If the Order is not accepted, we will contact you by e-mail or telephone.
2.6 Although we make every effort to supply the Products indicated in the Order Confirmation, it may happen that we will not be able to supply these Products because, for example, these products are no longer in production or because we are not able to arrive at the source of the suitable components, or it may happen that the order is not valid due to a material error in the price indication in the Man.El.Service srl Web Store Web Site. In the event that any of the above occurs, we will contact you to inform you and propose alternative Products that you may purchase. In the event that you do not accept our proposals we will cancel your Order for the Products that we are unable to supply and refund the amount paid by you in relation to your Order. In the event that we are unable to deliver the Products ordered by you, our liability shall not extend beyond the return in your favour of the amounts paid by you.
2.7 The information contained in our advertising materials, brochures, other promotional materials, on our websites or provided to you by our agents or employees, constitutes an invitation to negotiation. None of this information may be considered as an offer for the supply of products.
3. Supply of Products
The supply of the Products indicated in your Order Confirmation will be carried out according to the following Terms and Conditions.
4.1 The Price of the Products shall be as indicated in the Invoice.
4.2 VAT will be payable at the rate indicated in the Invoice.
4.3 The costs of delivery, where applicable, shall be indicated in the Invoice.
5. Methods of payment for the Products
5.1 The Products purchased may be paid for in the manner indicated from time to time in the payment section of the Man.El.Service srl Web Store Web Site.
5.2 Payments must be made in legal tender currency as indicated in the Invoice.
5.3 If the payment is made by credit card, at the time of placing the Order you must indicate the necessary data of your credit card. The relative charge will be made by the bank circuit selected at the time of confirmation. We will not start the production of your Products or the supply of your Products or the performance of your Services until your credit card issuer has authorised the use of your credit card to pay for the Products ordered. You will be informed if you do not receive this authorization. Your credit card account must be located in Italy. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation.
5.4 If the payment is made by bank transfer you will receive the payment request and the necessary bank details by email in the order confirmation form. The manufacture and delivery of the Products as well as the provision of the Services to you will be made once your payment has been made. If we do not receive payment from available funds within thirty days of sending your Order, it will be deleted.
6. Delivery of Products
6.1 The delivery of the Products cannot be made outside the Territory of the Italian Republic.
6.2 Delivery of the Products will be made to the address indicated on your Order Form.
6.3. Any delivery period for the Products that we may have communicated shall be considered non-essential and in any case in our favour and such as not to determine our notice of default. If you have ordered several Products at the same time, we may deliver the Products on different days. You can cancel your Order at any time before the delivery of the ordered Product by calling 011.25.35.33 and indicating the Web Order Number. The provision of Services shall take place after delivery of the remaining Products in accordance with the instructions and procedures relating to such Services. The time taken to provide the Services must be directly agreed between you and us and/or each service provider that we use. Once the Service performance times have been agreed, they must be respected by you. In the event that you do not respect the agreed appointment or do not have the necessary infrastructure, despite the fact that at the time of setting the appointment you have certified that you have the availability of the same, there will be no further obligation on our part to provide you with the Services you have purchased.
6.4 The ownership and risk of loss of your Products shall pass to you upon delivery of the Products.
6.5 Upon delivery of the Products to our carrier we will send you a shipping confirmation by e-mail. In any case, the delivery note will constitute proof of delivery to the carrier.
7. Your right to return the Products
7.1 If you are not satisfied with the Products or the content of the Services purchased from us, you may return the Products to us or waive your right to provide the Services and obtain a refund of the price of the returned Products or the Services that you have not used. To this end, you must contact us within 7 days of delivery of the Products or within 7 days of purchase of the Services. However, you may not return the Product to us and claim a refund if the Product in question is a Software provided by us that is sealed and you have removed the seal. You cannot obtain a refund of the price of the Services if you have commenced using the Services.
7.2 For the return of the Products or the waiver of the Services of which you are not satisfied, you must notify us in writing by fax on +39 011.25.35.33 or by e-mail at [email protected] 09.00 to 18.00, Monday to Friday, to make arrangements for the return. You must return the Products to us in their original packaging and the Products must not be damaged. At the time of delivery, you must have the carrier issue you a signed copy of the letter of carriage which must be kept by you. Shipping costs and any other costs necessary for the withdrawal will be at your expense.
7.3 Provided that the returned Products are not damaged, we will refund the price paid for such Products.
7.4 Products purchased between 14 and 31 December may be returned until 10 January of the following year.
8. Product Warranty
All products sold by Man.El. Service srl are covered by the manufacturer's conventional warranty and the 24-month warranty for conformity defects, pursuant to Legislative Decree 24/02. To benefit from warranty service, the Customer must keep the invoice (or DDT) that he will receive by e-mail in PDF format. By accepting the purchase agreement, you acknowledge the Service terms in force at the time of your recourse to the Warranty Service, which you accept.
The manufacturer's warranty is provided in the manner described in the documentation included in the product packaging. If, following intervention by an Authorized Service Centre, the defect is not covered by the manufacturer's conventional warranty, the Customer will be charged for any costs of verification and repair required by the Authorized Service, as well as transport costs, if incurred by Man.El. Service srl.
9. Our Responsibilities
9.1 If you are a Consumer, the provisions of this Agreement may not limit or exclude our liability for violations of the law. If, on the other hand, you are not a Consumer:
9.1.1. these terms and conditions represent in their entirety our obligations and responsibilities in relation to the supply of the Products (and the performance of warranty and telephone support services) and the performance of the Services;
9.1.2. we shall not be bound by any other warranty, condition or term other than those expressly set forth in this Agreement; and
9.1.3. any warranties, conditions or other terms concerning the Products or Services which may be related to or contained in the Contract by law, practice or otherwise (including, without limitation, any implied conditions as to quality, fitness for purpose, reasonable care and skill) are hereby expressly excluded. In particular, we shall not be obliged to ensure that the Products are suitable for your purposes.
9.2 These contractual provisions shall in no case exclude or limit our liability for death or personal injury caused by negligence or wilful misconduct.
9.3 In connection with this Agreement, we shall not be liable for any loss of revenue, profits, contracts, data or any other direct or indirect damage of any nature whatsoever, arising out of or in any way connected with contractual or extra-contractual, negligent or intentional breaches of any kind.
9.4 The maximum limit of our total liability under this Contract, whether in contract, tort (including negligence) or otherwise, shall in no event exceed the amount paid by you in respect of the Products and/or Services.
10. Export Control
You hereby agree to comply with all export laws. In particular, you undertake (i) not to export the Products to any country in violation of the Laws on Exports and (ii) not to export the Products to countries in which a particular government authorisation or export licence is required, without first obtaining the necessary licences and authorisations. You expressly acknowledge and warrant that you are not a citizen or resident or domiciled in a country to which the export of the Products is prohibited by any law governing the export.
11. Data Protection
By submitting the Order, you accept that Man.El.Service srl may store, process and use the data contained in the Order for the purpose of executing your Order. Some of the information you provide to us will be transferred by us to the companies we use to ship the Products. In addition, if you have requested financing to pay for the Products ordered, the information you provide will be transferred to the companies that provided the financing for the purchase.
By submitting your order, you expressly accept that your data may be transferred to other partner companies of Man.El.Service srl in order to provide you from time to time with information on other products and services that may be of interest to you. Upon specific written request, you will be able to obtain a copy of the data concerning you in our possession. You will be responsible for the costs. If the data in our possession concerning you is found to be incorrect, we will correct it upon your written request. Your personal data indicated in the Order will be collected, registered and processed by Man.El.Service srl, data controller.
12. Force majeure
We will make every effort to perform all obligations assumed under this Agreement. We will in any case be released from any liability in the event of delays or failures caused by circumstances beyond our control. In case of delay, we will perform our obligations as soon as reasonably possible.
13. Applicable Law
This Contract is governed by Italian law. We will try to resolve any disputes quickly and efficiently. If you are not satisfied with these attempts and wish to bring an action before the Judicial Authority, any dispute will be subject exclusively to Italian jurisdiction.
14.1 If either party fails to assert any of its rights under this Agreement, this shall not constitute a waiver of such rights. Failure to exercise this right will in no way imply a waiver of the right to exercise it at a later date.
14.2 The invalidity or ineffectiveness of one or more of the contractual clauses shall in no case affect the validity or effectiveness of the other contractual clauses.