CONDITIONS OF SALE

CONDITIONS OF SALE

GENERAL

The present general sales conditions regulate the contractual relationship arising between the parties following acceptance by ESI Italia s.r.l. of the Customer's purchase order, unless otherwise agreed upon in writing and with express reference to the present general sales conditions derogating from their content, on ESI Italia s.r.l. letterhead, duly signed by a legal representative of the same. All descriptions and illustrations contained in the on-line catalogue, or in other commercial documentation provided by ESI Italia s.r.l., have the sole purpose of providing the Customer with a general idea of the products and shall not constitute part of the contract between the parties.

PRICES

All prices quoted are exclusive of VAT, unless otherwise specified. The prices shown in the catalogue and on the website may vary due to the cost of raw materials. If the price of the product ordered is different from that indicated by the Customer in the order form, ESI Italia s.r.l. will promptly notify the Customer, who will have the right to confirm or cancel the order. For particular orders relating to products that are not present in the ESI Italia s.r.l. catalogue or for which the price is not indicated, this must be agreed at the time of the order and confirmed in writing by ESI Italia s.r.l. . The price of the product may also be increased by the cost of transport from the supplier to ESI Italia s.r.l.

RECEIPT OF ORDER

Correct receipt of the order is confirmed by ESI Italia s.r.l. by means of an e-mail reply, sent to the e-mail address indicated by the Customer. This confirmation message will summarise all the data entered by the Customer, who undertakes to verify their correctness and to promptly communicate any anomalies and relative corrections. Once the availability of the goods and the accuracy of the Customer's data have been verified, ESI Italia s.r.l. shall send the acceptance of the contract (order confirmation) by e-mail, indicating the expected delivery date. By placing the order through the website, the Customer declares that he/she has read the conditions of sale, the payment methods proposed and the entire purchase procedure.

PACKAGING

Standard packaging is chosen by ESI Italia s.r.l. according to the nature of the good and is included in the price of the item. In the event that special packaging is required for the shipment (packaging that provides for additional packaging in addition to that specific to the product, e.g. grouping of several products in a single shipment), ESI Italia s.r.l. will provide for an additional charge, calculated according to the size of the packaging required. Packaging on pallets is instead subject to different costs, to be assessed on a case-by-case basis.

DELIVERY

Delivery of the products shall be made under the transport and cost conditions agreed with the Customer when ordering the material. Same-day delivery, when possible, shall be made, as a rule, only for orders received by 12.30 p.m. However, it is understood that the delivery terms are not binding as they are subject to external factors for which ESI Italia s.r.l. cannot be held responsible. If the cost of transport is higher than what was agreed in the order, ESI Italia s.r.l. will promptly notify the Customer before shipment, which will take place only after acceptance of the new amount by the Customer within 3 (three) days from its communication. If ESI Italia s.r.l. foresees that it will not be able to respect the delivery terms indicated, it will communicate the new delivery terms to the Customer, who must confirm the revised order within 3 (three) days from the communication of the variations by ESI Italia s.r.l.. In the event that the Customer intends to collect the products directly at the headquarters of ESI Italia s.r.l. - Strada Fornacino, 152 - 10040 - Leinì (TO), he must make a specific request during the order phase.

PAYMENTS

The method of payment is agreed with ESI Italia s.r.l. and may take place:
(a) by bank receipt (one debit per issue);
(b) by bank transfer;
c) by cash on delivery (2% of the order amount will be charged);
Any terms of payment other than those mentioned above must be agreed in writing with ESI Italia s.r.l. before the order is placed. In the event of non-payment of the amount owed by the customer, the sales contract shall be deemed to have been rescinded by right pursuant to and for the purposes of Article 1456 of the Italian Civil Code. Once 6 months or more have elapsed since the date of the last purchase, the cash on delivery/bank transfer payment method shall be automatically changed.

PAYMENTS

Pursuant to Article 64 of Legislative Decree No. 209/2005, the consumer (i.e. a natural person who does not make a purchase by indicating a VAT number on the order form) has the right to withdraw from the purchase contract for any reason whatsoever, without any penalty, except as indicated below. To exercise this right, within 14 days of receipt of the goods, the Customer must send a request for withdrawal by registered mail with return receipt, in which he/she must indicate the reasons for withdrawal, the bank details necessary to return the sums paid, and a photocopy of the sales invoice. The request shall be sent to: ESI Italia s.r.l. - Strada Fornacino, 152 - 10040 Leinì (TO). Upon receipt of the registered letter, ESI Italia s.r.l. shall send by email to the Customer the form for exercising the right of withdrawal provided with the authorisation number for the return of the material, which must be affixed to the outside of the packaging with which the product will be returned to the seller. The goods must be returned to ESI Italia s.r.l. within 10 days from the date of the authorisation.The right of withdrawal is subject to the following mandatory conditions:
- the right applies to the purchased product in its entirety, it is not possible to exercise the right of withdrawal only on part of the purchased product (e.g. accessories, attachments, etc.);
- the right shall not apply to goods returned to ESI Italia s.r.l. without specific authorisation by the company itself;
- the purchased goods must be intact and complete in all its parts (including any documentation and accessory equipment: manuals, small parts, etc.);
- the goods subject to the right of withdrawal must bear the same serial number as on the sales invoice. Should the goods bear a serial number other than that indicated on the invoice, the return shall not be accepted, the request for withdrawal shall be cancelled, and the product shall be made available to the Customer for its return;
- the shipment relating to the return of the goods, until the certificate of receipt in ESI Italia s.r.l.'s warehouse, is at the Customer's care, expense and risk;
- If the goods are damaged during transport, ESI Italia s.r.l. will notify the Customer within 5 working days of receipt of the goods in its warehouses. The latter shall promptly file a complaint against the carrier of his choice in order to obtain reimbursement of the value of the goods (if insured); in this case, the product shall be made available to the Customer for its return and the request for withdrawal shall be cancelled at the same time;
- ESI Italia s.r.l. shall not be liable in any way for damage to or theft/loss of goods returned by uninsured shipments;
- ESI Italia s.r.l. will apply a fixed contribution for return handling costs of Euro 18.00 (eighteen), even if the original packaging of the product is intact.Without prejudice to any repair costs for ascertained damage to the product, the seller shall, within 30 days of the return of the goods, reimburse the Customer the full amount paid, net of the costs of handling the case, by bank transfer.The right of withdrawal is totally forfeited in cases where ESI Italia s.r.l. ascertains:
- failure to affix the return authorisation form issued by the seller on the outer wrapping of the shipped package;
- the absence of certain components constituting the product (accessories, cables, manuals, small parts, etc.) or anomalies in the product itself;
- damage to the product due to causes other than transport.
In case of return of undamaged goods outside the terms provided for the right of withdrawal, ESI Italia s.r.l. shall charge the Customer a penalty equal to 20% of the amount of the goods in addition to any shipping costs incurred to return the goods.

GUARANTEE

If, despite correct and responsible use by the Customer, defects are found on the products supplied, ESI Italia s.r.l. will, at its discretion on the basis of the nature and extent of the defect found, provide for their replacement, repair or refund of the relative price, provided that the report is made within and not later than 12 (twelve) months from the date of purchase. The products, or the parts thereof to which the claim refers, must be returned to ESI Italia s.r.l. with shipment at the Customer's expense in the manner described in the previous paragraph. The products, or parts thereof, returned must be accompanied by a note describing the defect found.The warranty conditions are not applicable in the following cases:
- tampered with or altered products;
- in the event of damage resulting from the improper use of the goods or their incorrect installation;
ESI Italia s.r.l. shall in no way recognise any repair costs incurred by the customer for any restoration of the goods unless previously agreed and authorised. The guarantee shall be limited to the repair or replacement of the product, the costs of diagnosis shall be borne by the customer. Where the problem reported is not attributable to a manufacturing defect, but rather to an incorrect and irresponsible use of the product by the Customer, ESI Italia s.r.l. shall apply a fixed contribution to the costs of handling the return equal to Euro 18.00 (eighteen).

Contact us

Strada Fornacino, 15210040
Leinì (TO) - ITALY

Whatsapp +39 345 6829913
Telegram +39 345 6829913
Telephone +39 011 991 08 38
Email info@topdrivesystem.com