SALES OF CONDITIONS

These General Sales Conditions, except any modification or variation agreed upon in writing, govern all sales contracts between Vibo e the purchaser.
The sales contracts between Vibo e the purchaser is concluded with the acceptance of the order from the buyer by Vibo sending an order acknowledgement.

Preamble

1.1 These general sales conditions apply to all the supplies of goods and/or services provided by VIBO S.p.A. for any purpose.

1.2 Any particular conditions and derogations or amendments to these general conditions will be valid only if specifically agreed in writing between VIBO S.p.A. and the purchaser (hereinafter simply the CUSTOMER).

1.3 Any written and/or verbal commitments of agents, distributors and/or external collaborators to VIBO S.p.A. shall be binding on the same except to the extent expressly confirmed by means of a document duly approved and signed by VIBO S.p.A.

Orders

2.1 The orders sent by CUSTOMERS to VIBO S.p.A. shall have the value of irrevocable proposals for a period of 30 (thirty) days.

2.2 The contract for each individual supply shall be deemed to have been concluded on the date of the written confirmation provided by VIBO S.p.A. or as a result of its tacit behaviour concluding with the despatch of the goods, without prejudice in any case to the unchallengeable power of VIBO S.p.A. not to accept the orders received.

Subject of the orders

3.12 Orders concluded pursuant to articles 1326, 1327 and 1329 and ff. of the Civil Code cannot be cancelled by the customer.

3.2. In particular, VIBO S.p.A. reserves the right to withdraw from accepted orders in the event of failure by the Customer to respect the general sales conditions.

Prices

 

4.1 The VIBO S.p.A. price list does not constitute an offer, is purely indicative and can be amended unilaterally by VIBO S.p.A. without any prior notice. The agreement on the price of sale will in fact be the subject of specific negotiations between the purchaser and the vendor before the issue of the order.

4.2 All the prices are provided in euros, before VAT, transport and insurance.

4.3 Orders with a value below € 1.000,00 = (one thousand)+VAT will not be accepted.

Delivery

5.1 All sales shall be deemed to be made free at the VIBO S.p.A. storage depot, it being understood that all the transport, insurance and other charges will be under the responsibility and at the expense of the CUSTOMER who shall bear all the associated risks.

5.2 Unless otherwise agreed by the parties in the order, the customer is free to choose the carrier. The CUSTOMER is therefore required to collect the goods from the VIBO depot within and no later than 5 (five) work days from the date laid down for delivery of the associated order. If the CUSTOMER does not do so by that date, it shall be required to reimburse VIBO S.p.A. for the warehouse storage expenses calculated as a lump sum amounting to 5% (five percent) of the agreed price of the products for each week’s delay. When 30 (thirty) days have passed, VIBO S.p.A. will be entitled to sell the products that have not been collected by the CUSTOMER.

5.3 All the transport costs and risks, including those of storage at the carrier’s, shall remain the exclusive responsibility of the CUSTOMER in all the following cases:

  • refusal by the CUSTOMER to receive the delivery from the carrier;
  • unavailability of the CUSTOMER during business hours on work days;
  • non-delivery by the carrier, in the case of C.O.D. deliveries, following refusal by the CUSTOMER to make the payment in accordance with the agreed terms and procedures.

5.4 In any case VIBO S.p.A., following prior agreement with the CUSTOMER, reserves the right to proceed with the deliveries, including partial ones, unless otherwise specified in the order.

Complaints and Returns

6.1 The CUSTOMER must check the state and compliance of the products immediately on receipt.

6.2 All complaints regarding the conformity of the products with the order, also in relation to their quantity and/or external appearance, must be drawn up in writing at the moment of receipt of the goods and notified to VIBO S.p.A. within and no later than 7 (seven) days of receipt.

6.3 In any case, the return of the products by the CUSTOMER requires the written assent of VIBO S.p.A., while it shall remain understood as from now that in the absence of an agreement in this sense, the returned products will be kept at the CUSTOMER’S disposal at its own risk and peril and the CUSTOMER will be liable for the transport, storage and maintenance expenses.  In the event of the return of products from VIBO S.p.A. to the CUSTOMER, this will be at the CUSTOMER’S risk, peril and expense.

6.4 Management of returns. Anomalies found in the shipments must be notified within 7 days of receipt of the goods. The return of unsold goods is expressly forbidden save written agreement. Where specific agreements exist, it is understood that the return will be for an exchange of goods and not for a financial credit. Products which are the subject of any promotional activities are excluded from the return right.

Payment

8.1 All payments, except for those agreed otherwise and approved in writing by VIBO S.p.A., are intended to be made by bank transfer within 30 days of the invoice date. In any case, VIBO S.p.A. reserves the right, at any time, to revoke the payment conditions agreed with the CUSTOMER.

8.2. In any case, the CUSTOMER may not suspend the payments because of complaints regarding the goods or because of any other dispute or reason as this clause is to be deemed to be a solve et repete one.

8.3. If the payment is to be made, in whole or in part, after delivery, the delivered products will remain the property of VIBO S.p.A. until the moment of complete payment of the price (reservation of title clause).

VIBO S.p.A. will therefore be entitled to retake possession of any product sold with reservation of title; in this case, the purchase will bear the costs and VIBO S.p.A. may withhold any sum received in payment as a penalty.  If the purchaser transfers the products to third parties, VIBO’s rights will transfer to the price of the products until they have been paid for in full.

Guarantee

7.1 VIBO S.p.A. guarantees the products distributed by it exclusively for any flaws deriving from defects of: design, material or manufacturing that are materially attributable to the vendor.

7.2. The warranty is not applied in the case in which the purchaser does not prove that it has carried out correct assembly, use, maintenance and storage of the products and if it has altered or modified them without VIBO’s assent. In particular, the normal use of the products must be observed. Any changes in the dimensions and thickness which fall within the margin of tolerance referred to in the currently valid UNI ISO standards shall not constitute defects or non-conformities.

7.3 The guarantees indicated above will be valid for 24 (TWENTY-FOUR) months starting from the date of shipment of the product by VIBO S.p.A. except for what may be envisaged in the VIBO S.p.A. Price List in force on the confirmation date. It remains understood in any case that the guarantees referred to in point 7.1 shall not become operative if the CUSTOMER fails to make the written complaint by the deadline and in the form referred to in point 6.2 above.

7.4. On pain of forfeiture of the warranty right, the CUSTOMER must send the products to VIBO S.p.A. adequately packaged, preferably in their original packaging,  complete with all their parts and accessories and free from any tampering or damage not deriving from manufacturing defects.

7.5. The warranty excludes all other types of responsibility on VIBO S.p.A. which shall not, in any case, be deemed responsible for indirect damage to third parties or consequent losses of production or of profits. When the life of the warranty has expired, no claim may be enforced against VIBO S.p.A.

Patents, trademarks, distinctive marks, confidentiality clause

The CUSTOMER expressly recognizes that the VIBO S.p.A. name, its graphic composition and the know-how relating to the products supplied are the intellectual and industrial property of VIBO S.p.A.

9.2 In no case shall the CUSTOMER use, delete or remove any indication relating to the patents, brands, trade names or indications of origin affixed by VIBO S.p.A. on the supplied products without the prior written permission of VIBO S.p.A.

9.3. The CUSTOMER undertakes to maintain the absolute confidentiality of all the information it becomes aware of as a result of the activities carried out in the framework of this contract. The same confidentiality obligation will also apply to VIBO S.p.A. vis-à-vis the CUSTOMER

Disputes

10.1 All disputes arising out of the General Sales Conditions and/or the orders carried out on the basis of the same will be devolved to the exclusive jurisdiction of the Court of Vicenza.

Validity

11.1 The conditions contained in this document may be changed without prior notice and will be valid from the date of publication on the website.