Terms and conditions
TERMS AND CONDITIONS OF SALE
- IN GENERAL
These general conditions of sale govern the contractual relationship resulting from the acceptance by FOSTER S.r.l. (hereinafter referred to as “FOSTER"), with registered office in Via Leopardi, 15 Recanati (MC) ITALY , registered in the Macerata Business Registry no. REA 94688, VAT No. 00671560431, of the Customer’s proposal / purchase order and replace the versions contained in previous catalogs as well as any other agreement reached between the parties, except as agreed in writing and with express reference to these general sales conditions, by derogating from its content, on a letterhead of FOSTER duly signed by a legal representative of the same. These general terms and conditions of sale are updated in June 2017. However, FOSTER reserves the right to modify, at its sole discretion, its general terms of sale. The most up-to-date version will in any case be published on the website www.foster-electronics.com. The customer is therefore required to check the text of the general terms of sale in force at the time of submitting the proposal / purchase order, which will be applicable to the contract with FOSTER in case of acceptance of the proposal / purchase order. All descriptions and illustrations in the SITE, or other commercial documentation of FOSTER, are solely intended to provide the customer with a general idea of the products or articles and will not form part of the contract between FOSTER and the customer. These general sales conditions do not apply to exports of products or articles outside Italy, for which different contractual terms are stipulated. Furthermore, if the products or articles supplied to the customer in Italy are subsequently exported, it will be the customer’s responsibility to obtain, at their own expense, all the necessary licenses and permissions, also conforming to export rules between Italy and the country of destination, with particular reference to the rules for the export of high-tech products.
The prices shown on the FOSTER web portal are VAT included for the Italian market. It will be applied at the rate in force at the invoice date. The prices shown may change. FOSTER does not release, in any case, pro forma invoice.
- PURCHASE ORDERS
The order will be considered as a contractual proposal, since the display of the products or articles on the FOSTER Virtual Showcase only has an informative function and therefore an invitation to offer. Unless otherwise noted for orders placed on-line, FOSTER’s acceptance may also be effected by direct execution of the orders, without the prior formal acceptance of the order.
- SPESE DI SPEDIZIONE E CONSEGNE
The shipping and handling costs of the product are at the expence of Foster, limited to the Italian territory, excluding Islands. For Sicily and Sardinia there is a surcharge on the cost of the product of 3.00 euros. FOSTER is usually able to deliver in Italy with average times of 24/48 hours. It is however understood that the delivery terms are understood to be non-essential.
- EXAMINATION OF PRODUCTS, DELAYS AND LACK OF DELIVERY
The customer is required to examine the goods received accurately at the time of delivery and to communicate in detail to FOSTER, within 8 (eight) days of delivery, any faults found – or verifiable – at the outcome of this examination, or to propose any another claim in relation to the products. In the event that the customer does not make the above communication, the items will be considered definitively accepted and comply with the requirements of the order, without prejudice to the possibility, available within and no later than 1 (one) year from delivery, to assert any non-apparent defects, provided that the related complaint was made within 8 (eight) days from the discovery of the same (in accordance with the provisions of Article 1495 of the Civil Code). It is understood that the customer must refuse the delivery, by the carrier, of packages with damaged packaging and must, in this regard, immediately inform FOSTER of the incident; otherwise, the goods delivered will be deemed fully accepted in the state in which they are at that time.
- PASSAGE OF RISK AND PROPERTY
The ownership of the goods passes to the customer when the goods are delivered to the carrier for delivery to the customer’s home or at the address indicated by the customer when ordering. The goods travel in any case at the risk of the customer, it being agreed that each shipment is performed for precise assignment and account of the customer and, therefore, FOSTER is exempted from any liability with the delivery of the same to the carrier or customer in the case in which the latter decides to collect the goods personally or through a person in charge. In case of non-payment, FOSTER will have the right to make use, at its sole discretion, of the express termination clause or any other remedy provided by law, including enforcement or repurchase of possession pursuant to Article 1519 of the Italian Civil Code. If it is necessary to allow FOSTER to exercise and protect its rights, the customer will allow FOSTER, its employees and agents to access their premises for the sole purpose of collecting unpaid products. However, it is understood that FOSTER will in any case have the right to request full compensation for any damage sustained as a result of the customer’s default.
FOSTER will replace or repair the products or items supplied, or refund the relative price, if, despite a correct and diligent use by the customer, defects are detected, which must be asserted against FOSTER no later than 12 (twelve) months from the date of delivery, or within that different term from time to time indicated by FOSTER for specific articles, or established by law.
In this regard, with reference to the LED solar lamps the warranty is 24 months, 12 months for the battery that is provided within them.
The articles, or components or parts of them to which the complaint refers, must be returned to FOSTER in the period of time referred to in the preceding paragraph, suitably packaged, delivered by the customer and in accordance with the particular instructions that FOSTER possibly given at the time of delivery or subsequently. The items, or components or parts returned to them must be accompanied by a note showing the defect description, as well as any other information indicated or requested by FOSTER at the time of delivery or subsequently. All products or items or parts of them replaced by FOSTER will become the exclusive property of the same. This warranty replaces any warranty or other provision established by law regarding the quality or suitability of products for specific uses, except for those provisions which by law can not be waived.
- INFORMATION ON THE PRODUCT AND ITS AVAILABILITY
Unless otherwise indicated, the methods of use of the item or product purchased, with particular reference to the safety of the same, are indicated in the “technical parameters". Dimensions and other physical characteristics are subject to normal commercial tolerances. It will be the customer’s responsibility to check, in advance, the suitability of the product or article for the use that he wants to make of the same. In any case, FOSTER reserves the right to terminate the offer of any product, or to make changes to the specifications of the products or articles, at any time, even without prior notice and without having to justify the decision. FOSTER recommends that customers check the dimensions and other data relating to the products published in the catalog or on the virtual showcase of the FOSTER website, as well as their future availability, before using them for particularly important uses.
- LIABILITY LIMIT
These general conditions outline the entire scope of FOSTER’s responsibility with regard to the articles, with the exclusion of any other guarantee, condition and term, expressed or implied, established by law, also with reference to the quality or suitability of the articles for specific uses, however, those guarantees that, by law, can not be waived, with particular reference to the provisions of Article 1229 of the Civil Code and in terms of liability for damage from defective products and consumer protection. However, it is understood that in no case will FOSTER be liable for loss of profit or for any indirect damage suffered by the customer for a fact, act or omission attributable to FOSTER pursuant to these general conditions or in any case in relation to the sale and purchase of the same.
- LIMITATIONS OF USE
The products and the items sold by FOSTER have not been tested for applications in the medical field or for the joint use with medical-surgical devices of any kind and nature. Likewise, FOSTER’s products have not been tested for application in the context of nuclear activities or in aeronautics. The products of FOSTER must not, therefore, be used in these areas, with respect to which FOSTER assumes no responsibility for malfunctions and / or damage to property or persons.
- TERMS OF PAYMENT
The customer can buy the products of the virtual showcase of Foster through the PayPal payment method.
At the end of the order, the Customer is directed to the PayPal login page.
The amount owed by the Customer in relation to each Purchase Order or to each Purchase Proposal is charged to the PayPal account upon shipment of the Product and, in any case, after the issuance of the relevant invoice.
For each transaction made with the PayPal account, the customer will receive a confirmation e-mail from PayPal.
Foster S.r.l. reserves the right not to accept Purchase Orders or Purchase Proposals or to suspend the execution of Contracts already concluded if PayPal signals anomalies or irregularities in payment. In this hypothesis Foster S.r.l. reserves the right to request additional information from the Client and / or sending copies of documents proving the ownership of the credit card used for the purchase. In the absence of the required documentation, Foster Srl reserves the right not to accept the Purchase Order or the Purchase Proposal or to resolve any Contract already concluded, without giving any right to the Customer to claim damages or to assert other claims.
Payments can be made in euros; other currencies are agreed in writing between the parties, to the extent permitted by law.
- COUNTRY OF ORIGIN
Unless otherwise communicated in writing to the customer, the information contained in the online shop window is not intended as a declaration of the country of origin, of preferential origin, processing, production or assembly of the products or other part of .
- RETURN OF FOSTER PRODUCTS
The return of articles will not be allowed without the prior written consent of FOSTER, except as provided in the previous paragraph “Warranty". By obtaining the consent of FOSTER, to be entitled to a refund, the customer will return the items, according to the following conditions:
- the articles were not used and returned in the same condition in which the customer received them;
- the return should take place within 15 (fifteen) days from the date of the purchase invoice;
- if the conditions of sale do not contain specific instructions, all parts or components that may be added to the product or customer must be removed before returning to FOSTER; otherwise, FOSTER will be automatically authorized and / or delete all additional parts;
- the articles are returned to FOSTER at the expense, expense and risk of the customer;
- the products to be returned to FOSTER must be packed and shipped to FOSTER S.r.l. .
- CANCELLATION OF ORDERS
In the event that FOSTER does not accept or cancel an order for which payment has already been made, FOSTER will promptly refund the full amount received, according to the same payment methods as the customer. It remains, however, understood that the return of the price is the only burden of FOSTER for the cancellation of the order, being a history excluding any form of liability against FOSTER. The customer has canceled or revoked purchase orders only within the limits permitted by law, remaining, in any case, understood that, unless mandatory laws are not revoked / canceled or canceled even if provided by FOSTER, are not available in the offer of the catalog at the time of sending the purchase order by the customer.
- MAJOR FORCE
In the event that the execution of orders by FOSTER is impeded by force majeure or unforeseeable circumstances, or the impossibility of obtaining the services, materials or items necessary for the fulfillment of the order, if not at increased prices , FOSTER may delay the fulfillment of the order and, in this case, notify the client of the delay; these, within 3 (three) days of receipt of the communication by FOSTER, have the right to cancel the order in whole or in part. In none of the cases, FOSTER can be held responsible for the delay, cancellation or inability to make delivery.
- COPYRIGHTS AND PATENTS
FOSTER or third parties. FOSTER or third parties.
FOSTER is the copyright holder for the entire catalog, whose full reproduction is forbidden without the prior written consent of FOSTER.
- CONTRACTS CONCLUDED WITH CONSUMERS
If the customer qualifies as a consumer, the provisions on consumer protection will be applied, including those referred to in the Consumer Code (Legislative Decree 6 September 2005, No. 206 and subsequent amendments), which are not intended to be derogated from the present general conditions. In particular, in the event that the consumer customer has concluded the contract outside the business premises or through remote bargaining, he will have the right to withdraw without any penalty from the contract, sending, within 14 (fourteen) working days from the date of receipt of the articles purchased, specific communication, by letter sent by post, to FOSTER Srl, via Leopardi 15 – 62019 Recanati (MC) or by e-mail to firstname.lastname@example.org. The letter of withdrawal, stating “with this notice the withdrawal from the contract of sale of the following goods …", must also contain the following information: FOSTER order confirmation number, personal data of the customer (including the tax code) ), telephone number and / or email address of the customer.
In case of exercise of the right of withdrawal, the purchased products will be returned to FOSTER, intact and properly packaged, within 7 (seven) working days from the sending of the aforementioned communication, at the customer’s expense, to the following address: FOSTER S.r.l. – Via leopardi, 15 62019 Recanati (MC). Upon the exercise of the right of withdrawal, FOSTER will promptly return to the customer any consideration received.
- LEGAL CONFORMITY GUARANTEE
The Legal Warranty of Conformity (or Legal Warranty) is provided for by the Consumer Code under Articles 122-135 and establishes the liability of the seller for defects in conformity of the goods sold through its sales channels. The Legal Guarantee referred to in the Consumer Code is reserved for consumer customers. All the products presenting a lack of conformity existing at the time of delivery and appearing within 24 months from the date of purchase are covered by the Legal Guarantee. The lack of conformity must be reported to the seller within 2 months from the date of the discovery of the defect.
- MODEL OF ORGANIZATION PURSUANT TO D. LGS. n. 231/2001.
The customer declares to be aware of the current legislation on the administrative liability of the legal person and, in particular, the provisions of Legislative Decree 8 June 2001, n. 231. In this regard, the customer declares that it is based on the principles of transparency and correctness, in strict compliance with the provisions of the law, that it is aware of the documents relating to the Code of Conduct, as well as the other policies adopted by FOSTER Anti-bribery, Competition Law Compliance Policy, Gifts and Hospitality and Fraud Risk.
- TREATMENT OF PERSONAL DATA
For any information about it, the email@example.com mailbox is available.
The Court of Macerata will be exclusively competent for any controversy deriving from the present general conditions of sale and from the relative supply contracts of the products. If the customer qualifies as a consumer, any disputes arising from these general conditions will be devolved to the jurisdiction of the judge of the place of residence or domicile of the consumer. These general conditions of sale are governed by Italian law.
For information on these general conditions of sale, contact FOSTER S.r.l. – via Leopardi, 15 62019 Recanati (MC), e-mail: firstname.lastname@example.org.
WEBSITE CONDITIONS OF USE
Access to this website and its use, both from Italy and from other countries, is permitted by Foster S.r.l. (hereinafter “Foster") to the terms indicated below.
All contents of the website, including text, graphics and images, are protected by copyright and other intellectual property rights and may be downloaded for personal, non-commercial use only. All rights reserved.
All trademarks used are (C) Copyright of the respective manufacturers.
The total or partial reproduction of the contents of this website in any form is prohibited, with the sole exception of personal and non-commercial use and provided that such contents are not copied and shared with third parties. The information concerning the intellectual property rights on the original material must be kept. This website may not be modified, disassembled, decompiled or subjected to reverse engineering in any way for commercial purposes.
Permission to reproduce for personal use and for internal use purposes does not include permission to reproduce or embed the contents of this website on any other website, electronic data access system, publication or other work (paper, electronic or other) support). Foster S.r.l. declines any responsibility in relation to any downloaded file.
- LIABILITY EXCLUSION
Foster S.r.l. does not undertake any commitment or liability and makes no guarantees with regard to:
- the contents of this website (including, by way of example, the quality, accuracy, completeness or suitability for use of any of the contents), the informations included in this website don’t constitute advice or counseling;
- any content of any other website to which this website refers or allows linkage through hypertext links or otherwise (hereinafter the “Third Party Websites").
Foster S.r.l. can not be held responsible for damages (direct, indirect or consequential), expenses, liability arising, loss of profit and costs resulting from access, entrustment or use of the information provided by its employees, agents or subcontractors in relation to the contents of their website or accessible through their website.
Foster S.r.l. neither shares nor endorses the content of any Third Party Websites and assumes no responsibility in relation to their content (including, but not limited to, any liability arising from allegations that the content of the Third Party Websites violates any legal regulation or rights of any subject or are obscene, defamatory or scandalous).
Foster S.r.l. does not guarantee that the functions and information available on this website (and / or linked to this website) will not be interrupted or error free, that the defects are corrected, or that this website or its server are free of viruses or bugs and other elements of a destructive nature. The user of the website is obliged to implement the procedures and systems for verifying the viruses (including anti-virus and other security systems) sufficient to guarantee particular safety and accuracy requirements for data entering and exiting.
- GENERAL PROVISION