General Sales Conditions
The following terms and conditions regulate the e-commerce sales of finished or semiprocessed packaging ("Products") between the GOGLIO S.p.A. seller and any Purchaser. Any agreements conflicting with these General Conditions will only apply if expressly accepted in writing by the Seller.
Every Order/Job Order issued by the Purchaser is subjected to written acceptance ("Confirmation") by the Seller and the sales contract ("Contract") is intended completed, binding the parties, when the Purchaser receives Confirmation. Confirmation sent by the Seller defines and lists all the Contract conditions and the final binding content, fully replacing the Order/Job Order. Delivery of invoice against the Order/Job Order to the Purchaser, even prior to written confirmation receipt shall, in any case, complete the Contract.
The Purchaser must pay the price of the Products to the bank account indicated on the invoice. The Purchaser accepts that the Seller can nominate in writing a third party as the sole individually authorized to receive the whole payment.
Failure to withdraw goods
In reference to EXW (ex-works) goods, 30 (thirty) days from the notice of "goods ready and in stock" sent in writing to the Purchaser, the Seller shall have the right to unilaterally terminate the contract and withhold, as indemnity, any amounts paid by the Purchaser. The Seller shall have the right to all legal recourses regarding the Purchaser's default.
The warranty is subjected to written Product quality flaw/default claim, communicated to the Seller within 8 (eight) days of discovery by the Purchaser as well as express warranty service request, or is null and void.
Being an industrial production, a +/- 20% tolerance on order quantity is allowed.
Disputes - Applicable law
The Contract is regulated by Italian Law and by European Regulations ratified by the Italian Republic.
The Seller reserves the right to make the technical/aesthetic/functional changes he deems necessary to improve the use of Products ordered by the Purchaser. It is not necessary a notice between the Seller and the Purchaser.
Force majeur means any unexpected event, indipendent of the contract parties' direct will, out of their control and without prompt adequate solution (i.e.: calamity or adverse natural events such as snow storms, landslides, flooding, shipping and/or custom's strikers, communications breakdowns, war, terrorist acts and sabotage, revolt and rebellion, embargo, fire, gas leaks, impedimental provisions by government or tax or customs authorities, suspension of raw material, equipment, electrical or fuel supply and labour).
When a force majeur event occurs, the parties' obligations that cannot be fulfilled due to these causes are considered automatically suspensed, without penalities, for the duration of the force majeur situation. The parties agree to undertake initiatives in their power to attempt to ensure the routine fulfillment of their obligations as soon as possible.
Should the parties not be able to provide services for a period of time over 3 (three) months due to the persistance of force majeur causes, they shall consult to adopt suitable decisions on the Contract.
Confidentialy - Industrial property rights
The Purchaser must keep all information of technical and business nature (i.e.: drawings, technical diagrams, documents, formulas and correspondance in general) received from the Seller and, in any case, acquired during the execution of the Contract, confidential.
Any sudden total or partial inapplicability of any clause in these General Conditions does not jeopardise the validity of the other clauses.
Data listed in offers, catalogues, bulletins and advertisements such as weights, prices, delivery schedules, etc. are purely indicative and do not bind the supplier/seller in any way.
Data protection (GDPR)
In compliance with art. 13 of European Regulation 2016/679 (GDPR) GOGLIO S.p.A., as Data Controller, informs the Purchaser that the personal data acquired with reference to the commercial relations established will be processed in compliance with the current regulation.
The Information document required by the above mentioned art. 13 GDPR, is attached to the present contract: with the acceptance of the present General Conditions the Purchaser declares to have received and read the Information document issued by GOGLIO S.p.A., as provided by art. 13 GDPR.
The Data Controller is GOGLIO S.p.A. via Andrea Solari n° 10 Milan, mail: email@example.com
Legislative Decree 231/01 - Code of Ethics
The Purchaser states to have read and be aware of GOGLIO S.p.A. "Model 231" in accordance with Legislative Decree 231/01 on the "administrative liability of the employer for offences commited by directors, employees and/or outsourcers", and the relative Code of Ethics is available to the Purchaser at: https://www.goglio.it/en/quality/ .
The Purchaser is also entitled to ask GOGLIO S.p.A. for a paper copy at any time.
Failure by the Purchaser to comply with this obligation shall constitute serious breach of contract and entitle GOGLIO S.p.A. to terminate the contract with immediate effect, in accordance with art. 1456 in the Italian Civil Code, without prejudice to the right to claim further compensation.