Art. 1 – Methods for concluding the contract.
ORDER: The customer’s order, in whatever way it reaches CO.PRESS, is an irrevocable proposal pursuant to art. 1329 of the Italian civil code. The order can be accepted by CO.PRESS in any form, including by means of tacit acceptance through delivery, express acceptance by e-mail, certified e-mail, fax or any other suitable means.
QUOTATION: the quotation is a contractual proposal of CO.PRESS and can be accepted by the customer in any form. CO.PRESS is entitled to indicate a term of validity of the quotation and, in the event of acceptance by the customer, once the term indicated has elapsed, CO.PRESS shall not be bound by the prices and conditions stated in the quotation.
The contract between the Customer with registered office in Italy or elsewhere in the world, with the exception of Germany, and CO.PRESS, is governed exclusively by these General Conditions of Sale. The Italian version is the only official version of the conditions. The versions of these terms in different languages are to be understood as for courtesy purposes only. Any verbal agreements or modifications agreed orally with agents or staff of CO.PRESS have no binding effect and cannot in any way be in conflict with the content of the written contract, order, quotation or other documents signed by the parties. Any customer requests for changes in the order or processing, made once the contract has been signed are not binding for CO.PRESS, which in any event undertakes to evaluate them, unless otherwise agreed between the parties.
These general conditions of sale are published on the site www.co-press.it in the section “Privacy and legal notes” and pursuant to art. 1341 and 1342 of the Italian civil code, the Customer declares to be aware of them. The customer, however expressing the will to proceed with the supply, also declares to accept them in full.
Art. 2 - Delivery.
CO.PRESS, after having checked the stocks and the availability of the material, undertakes to deliver the products by the date agreed in the order form, in the quotation or in the correspondence between the parties.
In the absence of said information, CO.PRESS undertakes to deliver the products within 60 days as of the execution of the contract. In any event, the customer undertakes to tolerate a delay in delivery of additional 60 days with respect to the agreed delivery date, waiving all claims relating to the delay.
CO.PRESS is not responsible for the delay or failure to deliver the products as a result of the supervening impossibility of the performance due to reasons not attributable to CO.PRESS, or due to force majeure, act of God, circumstances caused by the third party or the customer, and factum principis.
The Customer is obliged to check and test the products sold within 10 days of delivery and is required to communicate any defects to CO.PRESS within the following 8 days pursuant to art. 1495 of Italian civil code and, failing to proceed with said communication, the guarantee shall be time barred, unless otherwise agreed between the parties.
Art. 3 Prices.
The prices are exclusive of VAT, and the costs of transport, insurance, taxes and any other ancillary expenses, of any kind or nature, not expressly listed, shall be borne by the Customer. Unless otherwise agreed in writing between the parties, the costs of packaging and transport of the goods shall be borne entirely by the customer and, if not stated in the quotation, in the order form or in other documents signed by CO.PRESS, they shall be charged on the invoice. Unless the parties agree otherwise, in the event of an increase in the prices of the materials and/or services necessary for the supply covered by the contract/order, the Company reserves the right to review the price, even after the conclusion of the contract/order: the price review shall be related to the evolution of the market price of the materials, or to the price increases applied by the suppliers of components and/or services of CO.PRESS. Upon the customer's express request, CO.PRESS shall provide documentation justifying the price increase experienced.
Art. 4 - Methods of payment and delay.
Unless otherwise agreed between the parties, payment must be made in the following ways: by direct debit or bank transfer at 60 days invoice date end of the month within a maximum of 10 days thereafter.
In the event of delay in payments, CO.PRESS shall be entitled to the payment of default interest pursuant to arts. 4 e 5 of legislative decree no. 231/2002 and following amendments.
The agreed deadlines for payments are mandatory; once passed, the customer acknowledges the right of CO.PRESS to immediately demand the outstanding amounts, and acknowledges being a debtor pursuant to and for the purposes of art. 642 paragraph 2 of the Italian code of civil procedure, of the amount due, in addition to default interest as indicated above and expenses for issuing the direct debit and costs of rejection.
In the event of a complaint by the customer on the grounds of product defects or faulty workmanship, the parties undertake to cooperate in good faith to reach an agreement. CO.PRESS will assess the products and if the defects complained of have been promptly reported by the customer and are attributable to CO.PRESS, the latter undertakes, where possible, to repair them under warranty, by delivering the same products after the elimination of the defects, or delivering a new supply of products.
Art. 5 - Retention of title covenant.
This agreement shall be deemed to have been made subject to CO.PRESS reserving ownership of the Products processed and sold by the same CO.PRESS, up to the full payment of the agreed amount, pursuant to and for the purposes of art. 1523 of the Italian civil code and therefore CO.PRESS shall remain the exclusive owner of the products until full payment of the consideration. The risks shall be borne by the Customer as of the delivery of the Products to the forwarding agent or the Customer. The Customer undertakes to keep the Products in perfect condition. The Customer undertakes to pay the price, also by means of installments, according to deadlines agreed between the parties, up to the balance. Unless otherwise agreed between the parties, in the event of failure to pay even a single installment, or several installments, for a total amount greater than the eighth part of the price, CO.PRESS shall be entitled to terminate the contract.
Art. 6 – Disclaimer.
In consideration of the fact that CO.PRESS often keeps in its warehouse, as a commercial courtesy to the Customers, raw materials, moulds or equipment of the Customer even in periods in which the customer does not request any work to be carried out, the Customer holds CO.PRESS harmless from any liability for damages to moulds or equipment which are property of the customer due to act of God or force majeure.
Art. 7 - Applicable Law and Jurisdiction.
This agreement shall be governed by Italian law. Any dispute between the Parties, including in relation to the construction, execution and compliance with this agreement, shall be submitted to the exclusive competence of the Court of Ravenna.
Art. 8 – Processing of personal data.
The personal data of the user are used by CO.PRESS, which is the controller, in accordance with the principles of personal data protection established by the GDPR 2016/679. The customer gives his/her/their consents to the processing of personal data, pursuant to Art. 13 and 14 GDPR - (EU) Regulation 2016/679, having received and become aware of the privacy information attached hereto.
