TERMS OF SALE
These Terms of Sale govern the terms and conditions of sale of the products and services marketed by Peroni (the "Products").
All contracts for the sale of Products and Services given by Peroni to third parties (the "Customer") are governed by these Terms of Sale, which form an integral and essential part of any proposal, order and order confirmation concerning the purchase of the Products.
The Terms of Sale applicable to an order are those in effect at the date of the order.
1. Products: prices and features
1.1. Unless differently indicated, the prices of the Products published by Peroni do not include VAT, transport and installation.
The prices of the Products from time to time published by Peroni cancel and replace the previous and are subject to the availability of the Products.
Because of changing market conditions, Peroni reserves the right to confirm or change without notice the prices of the Products published in its price list, in its website or in any brochures and advertising document.
1.2. Despite Peroni operators can provide information on the characteristics of the Products, the Customer is responsible for choosing the products that are ordered.
1.3. Any weight differences must be notified by an email with advice of delivery to info@peroni.com
The Products have to be hold at the disposal of Peroni for verification.
In any case it has to be considered normal and it gives no right to claim or refund a weight difference that does not exceed 5%.
The Customer shall always be committed to the maximum amounts contemplated in the order confirmation.
The length of the pieces, of the bolts and of the rolls indicated in the website, in the catalogues or in the price list has always to be taken as an aproximate length.
When the Products are sold in bolt or roll, Peroni has the right to increase or decrease the quantities written in the sale quotation, in the order and in the order confirmation with a maximum or minimum of the 10%.
All information referring to width, height and length have to be accepted with a 5% tolerance.
1.4. Any complaint relating to the quality of the Products supplied must be communicated in writing to Peroni within 10 (ten) days from the date of receipt of the Products, under penalty of forfeiture of the right.
In any case the tolerance of use about the sameness of color tones has to be accepted.
2. Orders - Invoicing - Payments
2.1. All purchase orders of Products sent to Peroni must be complete in their entirety and must contain all the elements necessary for the proper identification of the ordered Products.
Each order for Products sent to Peroni constitutes a Customer's contract proposal and, therefore, will be an obligation for Peroni only if it will be confirmed and accepted by Peroni.
The shipment of the order by Peroni will be equivalent to confirmation and acceptance by Peroni.
Any document, declaration or certification that is not mandatory accordin to Italian laws and of European Community (f.i. the certificate of origin EUR 1) must be specified by the Client at the time of requesting a quote or, in any case, before confirming the order. Peroni reserves the right to check the compatibility of these certificates with the order and not to release them if they are not.
2.2. Peroni reserves the right of not accepting incomplete or not properly completed orders.
In case of failure by Peroni to execute the order (if the same is due to unavailability of the Products ordered by the Customer) Peroni will soon inform the Customer and refund the amounts, if already paid, about the supply that has not been performed.
In that case the Customer is not entitled to any reimbursement or indemnity or compensation.
2.3. The tax documents related to the ordered Products will be issued by Peroni at the time of the shipment to the Customer of the Products.
2.4. Payments must be sent solely to the headquarters of Peroni or to its representatives provided with a special mandate or to the bank address that will be given to the Customer by Peroni.
The cost of drafts, bills etc., as well as all related costs of collection are chargeable to the Customer.
In case of non-payment by the Customer of the Products supplied, even partial, Peroni will be entitled to suspend any delivery, even if they are included in separate orders, without the need to give any warning and the contract will be terminated because of the fault of the Customer.
Any complaints or objections do not entitle the Customer to delay or suspend the payments and will not be allowed unless preceded by the payment of the amounts that have to be paid.
In the case of a delay with the payment Peroni will charge to the Customer the interests foreseen by the law.
The credits deriving from the sale of the Products (or Services) can be assigned to third parties, with effects on the Customer from the communication of the assignment.
3. Delivery of the Products
3.1. All costs of delivery of the Products are charged to the Customer.
Deliveries are normally made by courier.
In case of payment cash on delivery by courier, the delivery of the Products is subject to the payment by the Customer, the relative price in cash or by check have to be made out to Peroni.
Peroni has the right, on its sole discretion, to ship the ordered Products by a courier of its choice or by other means that it considers to be appropriate.
Unless otherwise indicated, all deliveries are made at the ground floor and must be received by the Customer in front of the entrance of the destination address indicated in the transport document and from the edge of the loading platform of the vehicle making the delivery.
Unless otherwise agreed, the Customer must unload the Products from the means of transport with which they are delivered by means of his own equipment (forklifts or other) and by means of his own personnel.
3.2. In case sales with installation for which the payment countersign has been arranged, the Customer has to deliver the title of payment to the entrusted by Peroni before the unload of the material of which the installation has been agreed upon.
3.3. The delivery times indicated by Peroni refer to the Products in its stock and, despite being carefully evaluated, are not binding for Peroni, that can confirm or change them, depending on its actual possibilities.
Any delay in delivery of less than 30 (thirty) days shall not entitle the Customer to refuse the delivery of the Products or to claim damages or compensation whatsoever.
3.4. Peroni has the right to deliver the Products (even if they are part of the same order) in successive deliveries without prejudice, but in that case the Customer will have to pay the freight just once.
3.5. Special conditions and terms of delivery have to be agreed and accepted in writing by Peroni.
The terms of delivery, unless they are expressly agreed in a different way, are always approximate.
Peroni is exempt from all liability for any delays which, however, do no dispense the Customer about the fulfilment of all its obligations.
Peroni is exempted, in particular, from responsibility for any delays due to couriers.
The delivery of the Products, in effect, is always to be considered to happen at the moment of the getting out from Peroni's warehouse.
Even if the freight is paid by Peroni, any subsequent risk is charged to the Customer.
For transports performed directly by Peroni with its own means, any irregularities or shortages about the Products must be reported by the Customer, under penalty of forfeiture of the right, by writing the complaint on the delivery document that has to be returned to Peroni.
After 30 days from the maximum delivery date contemplated in the order without that the order has been solicited by the Customer, Peroni has the right to believe automatically canceled the order, for the entire quantity or for the not delivered part, without that the Customer has the right to ask for any compensation or has the right to be considered released from its obligations.
Any restitution of the Products, whatever the reason is, must be agreed with Peroni before their shipment.
Peroni reserves the right to not accept the restitution of the Products that are not packaged in the original packaging.
Goods that have been custom manufactured, cut or modified on the Customer's demand cannot be returned; relative orders, when the material has already been cut or modified, cannot be cancelled.
In all the cases of force majeure, in the cases of absence or scarcity of raw materials or strikes, fires and equipment failures in Peroni's factories or any other event that prevents or limits the normal procedures of production, Peroni could defer the shipments beyond the agreed terms and also cancel the contract without being liable of any kind of compensation.
4. Packaging, consignment and adverse climatic conditions
4.1. The packagings are predisposed by the personnel of Peroni S.p.A. to protect the materials in a suitable way during their transport.
Backdrops, screens and draperies are carefully folded up and shipped in special cardboard boxes (standard packaging) with indications related to the position that must be observed during their handling.
It is inevitable that folding leaves traces that generally disappear during the use, for that reason the materials should be unpacked and installed immediately after their delivery.
Peroni S.p.A. it is not responsible for marks, transfer of pigments from one material to another, folds or temporary or permanent wrinkles due to causes that are out of its control (not correct method of transport, prolonged time of boxing and packaging, exposure to solar irradiation, permanence to temperatures or humidity out of the normal allowed limits, etc.).
The absence of responsibility of Peroni S.p.A. due to boxing and packaging of materials also occurs when the Customer requests the storage of ready materials at the production plant or does not arrange for their prompt collection.
4.2. To avoid risks due to the transport, it is possible to order that backdrops, screens and draperies are shipped rolled up on cardboard tubes in front of an additional cost.
The rolling is not possible when the dimensions of the rolled up material are not compatible with those of the type of transport that the Customer requires.
The Customer can ask explanations to the commercial personnel of Peroni S.p.A. during the negotiation of the purchase.
4.3. Vinyl materials, for instance the films for screens and backdrops and the dance floors, are heat-sensitive.
Environmental temperatures below to 5 °C or superior to 27 °C submit the materials to stresses that can provoke irreversible damages.
The packaging of those materials and their content must not be stored in places exposed to solar irradiation.
In the cases in which the same materials have been transported with temperatures near or below 0° C (it is the case of the aerial transports or the winter transports with any other mean) it is necessary to allow the materials to recover a temperature around the 20 °C before handling them.
5. Product guarantees - Technical assistance
5.1. Peroni guarantees the material integrity of the Products upon delivery only (hereinafter, the "Peroni' warranty").
Any defects covered by Peroni's warranty must be reported by the Customer no later than ten (10) days from the date of delivery, under penalty of forfeiture of the right.
The Peroni Guarantee becomes void in cases where the Customer has accepted the delivery by the carrier of a not intact packaging.
In cases where the material is damaged without highlighting problems with the external integrity of the packaging, the Customer must keep the packaging and allow it to be checked by Peroni.
The inability to verify the packaging by Peroni causes the loss of the Guarantee.
In case of operation of Peroni Warranty, Customer will be entitled to the replacement of the Products damaged upon return of the same and the Customer hasn't the right to compensate any further damage.
The freight required for the replacement of the Products shall be charged to Peroni.
5.2. Notwithstanding the provisions of the preceding article, in the case of Products produced by other manufacturers, Peroni does not give any additional guarantee to that provided by those producers.
Technical assistance and warranty work on Products are given, where applicable, by the individual producers, according to the terms and methods reported in the documentation accompanying the Products.
In particular, Peroni doesn't give any guarantee about the compatibility of the Products with other products or equipments used by the Customer, and nor gives any guarantee regarding the suitability of the Products for the specific use designed by the Customer.
5.3. Without prejudice in case of fraud or gross negligence of Peroni, is now agreed that, if Peroni will be found responsible for any culpability against the Customer - including the case of non-fulfilment, in whole or in part, of the obligations due by Peroni to the Customer because of the execution of an order - the responsibility of Peroni will not exceed the price of the Products purchased by the Customer and because of which the dispute arose.
6. Right of withdrawal
6.1. Under Article 5. of Legislative Decree no. 185/1999 (Italian Law as specified by the following Article 7. Juristidition) the Customer (if qualifiable as a "consumer" under article 1. b) of the same Legislative Decree) has the right to terminate the contract and return the Products ordered, without penalty and without specifying the reason, within 10 (ten) working days from receipt of the Products.
6.2. The right of withdrawal quoted by previous Article 5.1 must be exercised by the Customer, under penalty of forfeiture of the right, by sending an email with advice of delivery to info@peroni.com within ten (10) working days from receipt of the Products.
6.3. All restitutions of the Products (that have to be perfectly intact and packaged into the original packaging) must be previously authorized by the commercial service of Peroni that will issue a return authorization number.
Once received that number, the Customer can return the Product to the following address: Peroni, via Monte Leone 93, 21013 Gallarate (VA) - Italy.
Peroni will not accept parcels shipped with cash on delivery terms.
6.4. Once received the Products (and after the verification of their integrity) Peroni will, as soon as possible, credit to the Customer the price of returned Products (as indicated on the invoice), deducting the amount of the freight that will remain permanently charged to the Customer.
7. Jurisdiction
The exclusive jurisdiction of Italian Law is agreed for any dispute or controversy deriving from or connected to these Terms of Sale or about their interpretation, performance and validity and to this end the exclusive competence is with the Court of Busto Arsizio (Italy).