ONLINE GENERAL TERMS AND CONDITIONS OF SALE
R.T.A. REALIZZAZIONI TECNOLOGICHE AVANZATE S.R.L.
1.1 These Online General Terms and Conditions of Sale apply to purchases made on the website http://rta-store.com.
1.2 These Online General Terms and Conditions of Sale are prepared in conformity with the provisions of Italian Legislative Decree 70/2003 on e-commerce.
1.3 If any further information is required, contact Customer Services by email at the following address: email@example.com.
2.1 For the purposes of these Online General Terms and Conditions of Sale, the following definitions are identified (without distinction between their use in the singular or in the plural):
a) “Supplier”: R.T.A. Realizzazioni Tecnologie Avanzate S.r.l. The Supplier operates in the sector of the trade of electrical materials for industrial systems and, in exercising its business and commercial activity, it promotes the sale of its Products, as defined below, by way of the distance contract mechanism.
b) “Professional Purchaser”: the freelancer or legal person which, by means of an instructed and authorised natural person (legal representative, employee, collaborator), interacts with the e-commerce platform and enters into an online contract, in the exercise of its business and commercial activity.
c) “Products”: all tangible moveable assets of the Supplier present on its internet website which are offered to the Professional Purchaser by entering into the Contract, as defined below.
d) “Contract”: the supply contract for the Supplier’s Products, entered into between the Supplier and the Professional Purchaser as part of a system carried out by way of electronic means, directly accessing the Supplier’s internet website.
e) “Website”: the internet website found at the address www.rta-store.com prepared by the Supplier for the online sale of its Products through which the Contract is finalised.
f) “Online GTCS”: the set of clauses governing the relationships between the Supplier and the Professional Purchaser, in relation only to the sale of Products found on the Supplier’s Website www.rta-store.com.
g) “Parties”: the Supplier and the Professional Purchaser.
3. GENERAL PROVISIONS
3.1 These Online GTCS regulate the commercial relationships between the Supplier and the Professional Purchaser and constitute an integral and essential part of the Contract concluded between the same.
3.2 The purchase operations of online Products and the signature of the Contract are subject to the prior acceptance of these Online GTCS.
3.3 These Online GTCS cancel and replace in full any agreement, previously entered into, both in writing and orally, or by way of practice or manifest intent, between the Parties.
3.4 The Professional Purchaser is aware that the Online GTCS may change, also in view of any regulatory changes: for this reason, each purchase is subject to and regulated exclusively by the Online GTCS in force upon the finalisation of the Contract.
3.5 The Parties, in respect of mandatory rules of law, agree in considering that, if some provisions of these Online GTCS are declared void or invalid, that fact will not prejudice the validity and effectiveness of the other provisions, which will retain full validity and effectiveness.
3.6 Any tolerance by one of the Parties of behaviours implemented by the other in violation of the provisions of these Online GTCS will not constitute a waiver of the rights deriving from the violated provisions or of the right to demand the exact fulfilment of all terms and conditions indicated in these Online GTCS.
4. PRE-CONTRACTUAL INFORMATION TO THE PROFESSIONAL PURCHASER
4.1 Information is provided below as specifically required by Italian Legislative Decree 70/2003 on e-commerce.
The identity, registered office and details of R.T.A. Realizzazioni Tecnologie Avanzate S.r.l., as Supplier of the Products offered for sale on the Website, are the following:
R.T.A. Realizzazioni Tecnologie Avanzate S.r.l. – A SOCIO UNICO
Registered office: Via E. Mattei, Frazione Divisa Italia, Marcignago (PV)
Share Capital: €1,000,000.00
Tax Code/VAT no.: 11950140159
Registration number at the Companies Register of Pavia: PV - 241696
Tel. +39 0382 929855
Fax +39 0382 929150
Certified email: firstname.lastname@example.org
4.2 The essential characteristics of the Products are indicated in specific data sheets published on the Website, which the Professional Purchaser may view before submitting the purchase offer. The image accompanying the description of a Product may not perfectly represent its characteristics, but may differ by colour, dimensions and accessory elements present in the image.
The Supplier reserves the right to modify/adjust the technical and dimensional information of the Products in the catalogue, even without prior notice. Those specifications or the respective web pages of publication in the purchase process also include the following information:
a) the availability and price, including all taxes and duties that the Professional Purchaser must pay;
b) the additional charges and costs for delivery, depending on the shipment and delivery methods offered on the Website and chosen by the Professional Purchaser, and any other additional cost elements, as appropriate, which the Professional Purchaser must pay;
c) the methods of payment and delivery of the Product;
d) the date by which the Supplier undertakes to deliver the Products and, if appropriate, the handling of complaints;
e) the existence of the legal guarantee for the purchased Products.
4.3 These Online GTCS can also be found on the Website.
5. SUBJECT OF THE CONTRACT
5.1 With the Contract, respectively, the Supplier sells and the Professional Purchaser purchases, by way of online tools, the Products indicated and offered for sale on the Website www.rta-store.com, to be delivered in the European Union territory.
5.2 The Products that can be purchased by way of the process in question are only those shown on the Website pages. The Contract is concluded exclusively via the internet network, by accessing the website www.rta-store.com and creating a purchase order following the process envisaged therein.
6.1 The prices of the Products that can be purchased are analytically indicated on the Website, expressed in Euros and constitute an offer to the public in accordance with Art. 1336 of the Italian Civil Code.
6.2 The sale prices, indicated in the above point, are shown net of VAT and any other tax which cannot be known or quantified when making the order.
6.3 The Professional Purchaser bears the shipping costs and any accessory charges (e.g. customs duties, customs formalities, storage costs) which cannot be known or quantified when making the order.
6.4 The prices indicated next to each of the Products are valid until the date of online modification of the same. The Supplier reserves the right to alter its prices at any time. The price in force will be viewed by the Professional Purchaser by browsing the Website.
In any case, the price indicated on the Website when submitting the order to the Supplier will be applied to the Professional Purchaser.
7. METHODS OF CONCLUDING THE CONTRACT
7.1 The Professional Purchaser intending to finalise the purchase via the Website must first necessarily complete the registration process, which involves, inter alia, entering its VAT number.
7.2 With the online submission to the Supplier of the order form duly completed in electronic format (the “Order”), the Professional Purchaser offers to purchase a Product or Products.
7.3 The Order:
- must contain the personal details of the customer, therein including an indication of the VAT number, the address of the residence/domicile and registered office, as well as the delivery location, if different, the email address to which communications relating to the Contract are to be sent;
- must contain indications of the payment method chosen by the Professional Purchaser.
The Professional Purchaser is responsible for the accuracy of the data sent;
- may be sent electronically only if the Professional Purchaser expressly declares to accept these Online GTCS as well as authorises the processing of personal data in accordance with the legislation in force on privacy protection.
7.4 By submitting the Order to the Supplier, the Professional Purchaser recognises and declares to have read all instructions provided to it during the purchase process.
7.5 The Professional Purchaser may only purchase the Products found in the Website catalogue at the time of submitting the Order, as described in the respective technical-informative data sheets. The Order may not be made in relation to Products that, despite being present in the Website catalogue, are indicated as unavailable. In any case, the Products present on the Website are offered until they are no longer available.
7.6 The Supplier does not guarantee the execution of Orders made by methods different from those indicated in this article.
The Supplier may not follow up Orders that, at its sole discretion, are considered incomplete or incorrect.
In those cases, the Supplier will inform the Professional Purchaser by email that the Contract is not concluded and that its Order will not be followed up, indicating the reasons for the same. Any refunds will be managed as stated below.
7.7 If the Order made by the Professional Purchaser is not executed due to unavailability, even temporary, of the requested Products, the Supplier, within 10 (ten) days from receipt of the Order, will inform the Professional Purchaser by email that the Contract is not concluded and that its Order will not be followed up, specifying the refund methods and timescales of any sums already paid.
7.8 Having received the Order and the payment correctly, the Supplier will send to the Professional Purchaser, by email, the receipt of the Order (the “Receipt”), containing all information indicated in point 7.3 above.
The Contract is understood to be concluded when the Professional Purchaser receives the Receipt.
7.9 The submission of the Order does not bind the Supplier in any way. The Contract is concluded only when the Supplier accepts the Order by sending the Receipt.
7.10 The Products are components not having their own direct function, intended to be integrated into more complex equipment or machines. Their installation and commissioning must be carried out by a professional assembler having expertise in the sector of drives for electric motors and industrial automation. It is the responsibility of those who design the entire system in which the Product is used to fulfil all necessary security and reliability requirements of their design
It is expressly understood that with the conclusion of the Contract the Supplier does not provide any form of assistance, installation or commissioning of the purchased Products which will, consequently, remain the exclusive and full responsibility of the Professional Purchaser.
7.11 The languages available for concluding the Contract are exclusively Italian and English.
8. PAYMENT METHOD
8.1 Each payment by the Professional Purchaser must be finalised before the Product is shipped and may be made by one of the methods indicated by the Supplier on the specific Website page. During the purchase process, the Professional Purchaser may choose the payment method it intends to use from those available (i.e. credit card, PayPal, advance bank transfer).
8.2 Any refund to the Professional Purchaser will be credited using the same payment method chosen by the same during the purchase process.
8.3 If a credit card payment is made, the financial details (for example, credit/debit card number or expiry date) will be forwarded, by protected connection, directly to the website of the company that manages the transaction, without third parties accessing it in any way. No computer archive of the Supplier may store those data and in no case may the Supplier therefore be held liable for any fraudulent or undue use of credit cards by third parties, when paying for the goods purchased on the Website. Those details, in addition, will never be used by the Supplier except to complete procedures relating to the purchase and for any respective refunds, or when it is necessary to report to the competent authorities the commission of possible fraud, crimes or offences.
8.4 For each Order made on the Website, when payment has been received, the Supplier will issue a respective invoice, sending this to the email address indicated by the Professional Purchaser itself in the Order. The information provided by the Professional Purchaser in the Order will be used to issue the invoice. Once the invoice has been issued, the same cannot be changed.
8.5 The Professional Purchaser will not be entitled to suspend the payment or to perform any offsetting, even in the event of a dispute.
9. DELIVERY TERMS AND METHODS
9.1 The shipment will take place by way of courier affiliated with the Supplier, applying a fixed cost of Euro 11.00, plus legal VAT.
9.2 The methods, timescales and costs of shipment are clearly indicated and shown on the Website at the address http://www.rta-store.com/it/pagina/4282-spedizioni-e-pagamenti. In any case, for deliveries in Italy, the Supplier will send the ordered Products to the address indicated by the Professional Purchaser, as confirmed in the Receipt indicated in Article 7.8 above, by and not beyond 30 (thirty) days from the date of receiving the Receipt.
9.3 The Supplier will not execute any Order whose price has not been paid in full by the Professional Purchaser, irrespective of the chosen payment method.
9.4 In order for the Products to be delivered, the Professional Purchaser or one of its officers must be present at the recipient address indicated in the Order.
9.5 The Supplier, for deliveries in Italy, in accordance with Art. 1510, paragraph 2 of the Italian Civil Code, is relieved from the delivery obligation upon sending the Products to the carrier or to the shipping agent. For deliveries outside of Italy, the Incoterms 2020 EXW will apply at the registered and operational office of RTA, Via E. Mattei, Frazione Divisa Italia, Marcignago (PV), by virtue of which the Professional Purchaser bears the costs and liability for the entire transportation, starting from the location indicated above.
The Products travel at the risk and danger of the Professional Purchaser; therefore, no liability may be ascribed to the Supplier for any damages caused to the Products by transportation or in the event of theft of the same once they have been delivered to the carrier or to the shipping agent.
9.6 The delivery of the Products by the Supplier may be subject, with no liability for the Supplier, to delays or impediments or different execution methods, resulting, in whole or in part, from war (declared or not), epidemic, pandemic, health crisis, strike, trade union dispute, incident, fire, flood, transportation delays, customs procedures, shortage of raw materials, components and finished products, shutdown of production, laws, regulations, orders or acts of any public authority, or any cause that is not reasonably under the control of the Supplier, or that renders the fulfilment by the Supplier impracticable as a consequence of the occurrence of a burden whose non-occurrence was an essential presupposition based upon which the Receipt was issued. In those cases, the Supplier will be entitled to a longer period to fulfil, to the extent reasonably necessary.
9.7 Upon receipt of the delivery, the Professional Purchaser must check:
a) that the parcel is intact, not damaged or wet, and, in any case, compliant with the standard characteristics;
b) that the number of packages (number of parcels) indicated on the invoice corresponds to the number of packages actually delivered.
Any disputes must be raised immediately to the carrier or to the shipping agent. Failing that, the Products will be considered to have been delivered correctly.
9.8 If, upon delivery of the Products, there is clear damage to the packaging, the Professional Purchaser may:
a) accept the package with reserve, by affixing the wording "I accept with the right of reserve" or equivalent on the shipping document; having opened the package and ascertained any damage, the Professional Purchaser may immediately activate the guarantee procedure indicated in Article 10 of these Online GTCS; or
b) reject the damaged goods if it is not possible to accept the package with reserve or if the damage is in any case visible without having to open the package.
For all remaining circumstances, reference will be made to the provisions of law on complaint terms.
9.9 Upon the expiry of the delivery term without the Professional Purchaser collecting the goods, the Supplier will be authorised to keep the Products in storage at its premises and/or at premises of third parties and to charge to the Professional Purchaser the respective costs and expenses (therein including those for special packaging). The storage will not give the right to any change of the guarantee terms, which will take effect from the delivery date initially agreed.
In addition, all additional costs for lack of delivery or for delayed delivery attributable to the Professional Purchaser, or costs consequent to the request by the Professional Purchaser to postpone the delivery date, are borne by the Professional Purchaser itself.
10. LIABILITY OF THE SUPPLIER IN RELATION TO THE PROFESSIONAL PURCHASER AND LIMITATIONS
10.1 With reference to purchases finalised by way of the Website by the Professional Purchaser, the Supplier exclusively guarantees that the Products are compliant only with the specifications contained in the respective technical-informative data sheets.
The use and commissioning of the Products are carried out at the risk and full and exclusive liability of the Professional Purchaser.
10.2 These Online GTCS do not override anything envisaged in the technical manual delivered by the Supplier and downloadable in PDF from the online platform download.rta.it
10.3 Any consultancy provided by the Supplier, before and/or during use of the Products, both where the same is provided orally or in writing or with demonstrations, is provided in good faith, but with no guarantee by the Supplier and without involving any liability for it. The consultancy of the Supplier does not relieve the Professional Purchaser from its obligation to test the Products supplied by the Supplier with reference to their suitability for the production and uses planned by the Professional Purchaser.
10.4 The Supplier undertakes to repair or replace the Products that are defective due to non-conformity of the same or manufacturing errors, subject to the following limitations and provisions:
a) the Professional Purchaser undertakes to have the Products installed and commissioned by a professional installer with expertise in the sector, to use the Products in strict respect of the technical documentation delivered by the Supplier together with the Product and downloadable PDF from the online platform download.rta.it, not to modify the Products and to take all appropriate measures to prevent any possible risk.
In any case, the Supplier will not be liable for damages, direct and/or indirect, to property and/or persons, or defects deriving from negligence and/or incorrect use and/or lack of respect of the instruction manual by the Professional Purchaser;
b) the guarantee indicated in this article does not apply to defects and/or malfunctioning due to the installation errors indicated in point a) above, as well as to wilful intent, inexperience and/or negligence and/or incorrect use by the Professional Purchaser or to environmental, electrical, chemical and physical conditions, tampering, unauthorised changes, as well as any other circumstance that is not directly caused by the gross negligence or wilful intent of the Supplier. The guarantee does not apply to Products supplied not assembled/installed or whose assembly/installation has not been carried out in respect of the Supplier’s technical instructions;
c) the guarantee does not cover parts or components subject to wear;
d) defects that are hidden upon delivery must be notified to the Supplier immediately as soon as they are discovered but, in any case, no more than 12 (twelve) months after delivery, even if the product has not been commissioned. Immediately after receiving the Products, the Professional Purchaser must examine the load and check if every element included in the load is in sufficient quantity, is defective or damaged. Within 8 (eight) days from receiving the load, the Professional Purchaser must notify the Supplier in writing of any deficiency, defect or clear damage which the Professional Purchaser disputes by notice to the following contact details: Italy, in Marcignano (PV), Via E. Mattei, Frazione Divisa or by email to the following address: email@example.com;
e) except where the notification has been made in accordance with point c), the delivered Products will be considered accepted by the Professional Purchaser and any dispute for deficiencies, clear defects or damages will be considered to be waived by the same;
f) the report of defects must be supported by documents proving the justification of the dispute;
g) if the Products are deemed by the Supplier to be defective, the Supplier will only be obliged, at its sole discretion, (i) to replace or repair the defective parts; or (ii) to refund the cost of those defective Products or (iii) if the price has not yet been paid by the Professional Purchaser, to reduce that price or cancel the respective Order;
h) the replacements and repairs will be carried out at the plant of the Supplier or at the plant of third parties at the Supplier’s absolute discretion. Any respective cost will be borne exclusively by the Professional Purchaser. The Professional Purchaser must make available to the Supplier’s staff the necessary tools and persons. The replaced parts are owned by the Supplier and must be returned to the same at no cost. The transportation and any other activity carried out as part of the guarantee indicated in this article will be at the cost and risk of the Professional Purchaser;
i) the Supplier will not be liable for any cost due to loss of functioning, loss of production, losses of revenues and/or for any other special or indirect loss or direct or indirect damage suffered by the Professional Purchaser or by any other entity. The Supplier will be exclusively liable for damages directly caused by its wilful intent or gross negligence, duly proven by the Professional Purchaser, and the liability of the Supplier will in any case be limited to 100% of the invoiced value of the defective or damaged Products. In no case may the Supplier be liable for any incident caused by the circumstances envisaged in point a) and/or b) above and/or caused by the wilful intent or negligence of the Professional Purchaser;
j) in no case will the Supplier be liable for defects and/or lack of conformity that have their cause in a fact occurring after the transfer of risk to the Professional Purchaser.
10.6 The Supplier does not accept any liability for disservice attributable to force majeure or acts of God, even when resulting from malfunctioning or disservice of the internet network or of its sub-suppliers, if it is unable to execute the Contract in the set timescales.
10.7 The Supplier does not accept any liability for any fraudulent and unlawful use that may be made by third parties of the credit cards, cheques and other payment instruments at the time of the online payment for the purchased Products, if it demonstrates that it adopted all possible precautions based upon standards of fairness and diligence.
11. ARCHIVING METHODS OF THE CONTRACT
In accordance with Art. 12 of Italian Legislative Decree 70/2003, the Supplier informs the Professional Purchaser that each Order sent will be stored in digital/paper format on the server/at the office of the Supplier itself in accordance with the rules in force on confidentiality and security.
12. INTELLECTUAL PROPERTY
12.1 The Supplier is the sole and exclusive owner/legitimate licensee of all intellectual property relating to the Products, both where the same currently exists or is designed, devised, derived, developed, published or purchased later, therein including, by way of example: (i) designs, technical data, software, technology, know-how; (ii) patents, patent applications and patent rights; (iii) copyrights, copyright applications, copyright registrations, and any other right associated with proprietary works; (iv) trade secrets, confidential information and any other right relating to intangible assets; (v) registered and unregistered trademarks (vi) any other similar right to those indicated above; and (vii) subdivisions, updates, renewals, re-issuances and extensions of the rights listed above existing at today’s date, as well as subsequently subject to application, granted or purchased (“Intellectual Property”).
12.2 The Professional Purchaser acknowledges and notes that nothing envisaged by these Online GTCS may be interpreted as granting to it a right or a participation or constitute a limitation to the Intellectual Property, which will be and will remain, without derogation and objection, the exclusive property of the Supplier and that such intellectual property, therefore, may be discretionally and freely used, even in favour of third parties, by the Supplier itself.
12.3 The Professional Purchaser is also prohibited from copying, selling, gaining possession of or in any way sharing the images displayed on the Website without the prior consent of the Supplier as well as disassembling or decoding the Products (known as reverse engineering). Any violation is punished according to the applicable laws.
13. PERSONAL DATA PROTECTION
14. APPLICABLE LAW AND JURISDICTION
14.1 These Online GTCS are governed by Italian law. For anything not expressly stated here, the provisions of the Italian Civil Code will apply.
Any dispute relating to the interpretation, conclusion, termination and anything else relating to the Contract and these Online GTCS, therein including the interpretation of this clause, that may arise between the Supplier and the Professional Purchaser, will be dealt with under the exclusive jurisdiction of the Court of Pavia.
The following annex, in the version valid at the time, constitutes an integral and essential part of these Online GTCS: