SALES CONDITIONS
1) INTRODUCTION
- The general sales conditions that follow, apply to the contract between GEOPTIK and the client/s, can be done via the internet site, digital catalogue or by any other means.
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The client is expected to preserve these general conditions of the contract in paper form (printed) or on hard disk.
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The general conditions are subject to change at any time by GEOPTIK. The client has the undertaking, at every condition change, to keep updated records (as per clause 1.2)
2) OBJECT OF THE CONTRACT
2.1) By sales contract, we mean the contract between GEOPTIK and the client directly via the Internet or by other means, with procedures pre-established by GEOPTIK for the exchange of commercial goods from GEOPTIK with the requested price.
2.2) By client we mean a single person, type of society, public entity, professional, in possession of a VAT No. to purchase goods for commercial or professional use, according to the definition of Italian Legislation.
3) CLIENT INFORMATION
3.1) The client is informed that:
a) GEOPTIK being the supplier, with head office in Via F. Garofoli, 187, 37057 San Giovanni Lupatoto (Verona) Italy
b) The supplier can be contacted via electronic mail at the address info@geoptik.com or by telephone +39 045 9250989 or by fax +39 02 700412083.
c) The technical phases of the final contract (either on-line or by CD Rom) are those described in clause 4. d)Insurance and transport costs are indicated in clause 5.8
e) Method of payment are by direct bank deposit, postal current account, c.o.d. or credit card as described in clauses 5.9, 5.10, 5.11, 5.12, 5.13, 5.14, 5.15.
f) The client has the right to the guarantee of the product as per the conditions specified in clauses 8.1, 8.2, 8.3, 8.4, 8.5 and 8.6.
g) The products specified in the GEOPTIK electronic catalogues are sold as to the conditions and the attached prices. All changes subject to client notification by electronic mail.
h) All technical information and sales conditions that GEOPTIK supplies the client with, can be downloaded and printed using the functions provided from the client programme.
i) Personal details for contract finality are as those specified in clause 10.3.
4) HOW TO ORDER
4.1)To place a product order either from E-Commerce catalogue the client needs to be a member and the order takes place as follows:
A) Stock availability:
I) The client selects the product that they intend purchasing from the GEOPTIK electronic catalogue by clicking on the appropriate item button.
II) The ordered item is then registered in an ordering list “shopping trolley”, the client can modify the quantities or eliminate the item/s.
III) The client approves of the ordering list by clicking on the appropriate button.
IV) Before placing the order the client must be updated on the sales conditions and thereafter the client supplies the information required, chooses method of payment and then clicks on the button “send order”.
V) The purchase order contract is final only once accepted by GEOPTIK.
VI) Via electronic mail, GEOPTIK will confirm receipt of order and supply client with delivery and insurance costs.
B) In the case of stock unavailability, the client will be advised via the electronic mail and has the option of cancelling the order. If client fails to cancel the order in writing, the order is filed as confirmed and delivered once back in GEOPTIK stock.
4.2) In order to receive the goods, it is necessary to send a fax to the no. +39 02 700412083 with the correct product codes, fiscal details and requested payment information.
C) ALL ORDERS RECEIVED VIA E-COMMERCE OR BY OTHER MEANS ARE SUBJECTED TO THE CLAUSE “SUPPLIED BY GO APPROVAL”.
5) CONDITIONS OF SALE AND PAYMENT
5.1) The public prices listed are in Euro and include V.A.T. while the dealers price don’t include the V.A.T.
5.2) The prices listed are “ex-work” GEOPTIK warehouse even if delivered as F.O.B. but with a debit on the invoice.
5.3) In the event that GEOPTIK cannot supply due to unavailability, even temporarily, the client will be advised by electronic mail.
5.4) In the event that GEOPTIK has availability of stock, the client will be informed in the shortest time possible of the scheduled despatch date.
5.5) GEOPTIK will follow the delivery contract to supply the goods either by courier or by postal service or by clients urgency choice.
5.6) In the event that the client fails to collect the goods by first delivery notification, all further costs are at clients expense.
5.7) In every event, should a dispute arise between client and courier, postal service or any other delivery means, GEOPTIK is third to this.
5.8) Communication of delivery and insurance costs (compulsory for the full invoice amount) will be effected only once order “GEOPTIK approved”.
5.9) All payment, transaction costs (bank, postal, electronic etc.) will be at client expense.
5.10) All C.O.D orders (cash or bank draft) have a cost surcharge of 1,5% (Italy) with a minimum of € 5; or 2% (foreign) with a minimum of € 10.
5.11) No cheques will not be accepted unless the cheque is in the purchasers name.
5.12) Orders paid with international cheques (E.U) are subject to a € 10 charge, and non E.U. countries a € 20 charge; with a min. 25 day order delivery confirmation.
5.13) Bank detail in order to do a bank transfer.
For Italian dealers:
BANCA VERONESE Ag. S.Giovanni Lupatoto (Verona) Italia
SWIFT – BIC : ICRAITRR8Y0
IBAN : IT51V0832259770000000606743
BENEFICIARY : GEOPTIK di Bonafini Ezio
For Internationl dealers:
CASSA DI RISPARMIO DI BOLZANO – AG. San Giovanni Lupatoto (Verona) Italy
SWIFT – BIC: CRBZIT2B112
IBAN: IT29W0604559770000005000052
BENEFICIARY: GEOPTIK di Bonafini Ezio
5.14) Payment not effected after 5 days due date, will be subjected to an interest penalty in accord with the actual law.
5.15) All merchandise is “GEOPTIK property” until such time that expenses and invoices are settled in full
6) DELIVERY TIMES AND TRANSPORT
6.1) By norm, GEOPTIK will effect delivery within 10 working days from acceptance of order. In case of unforeseen causes, the client will be advised via e-mail or by other means.
6.2) GEOPTIK is not responsible for delayed delivery, seeing that they are not the “carrier” in this contract. The “carrier” is responsible for the delivery.
6.3) The acceptance of packages that have signs of tampering, dampness, or damaged outer box without specifying on the carriers delivery note a “right of merchandise verification”. By not completing the verification, the carrier is not held responsible for the damages and the insurance will decline all responsibility.
6.4) If the clients does not communicate,, together with the order, the name or means of transport intended using, the client will therefore be authorising GEOPTIK to use their own means of delivery transport.
7) PRINCIPLE OF SELF-RESPONSIBILITY
7.1) The client is responsible for orders sent from their computer.
7.2) All personal information supplied by the client have to be true. It is not allowed to use false or invented information.
8) WARRANTY
8.1) All GEOPTIK telescope production is covered by a 2 year warranty from date of purchase against workmanship and faulty material. This applies to first ownership.
8.2) All damages caused by improper use, accidental, inexperience, repairs from non authorised service dealer or transport damage are not covered by the warranty. We will not accept any form of responsibility ,only those caused by our negligence or for factory fault.
8.3) Only GEOPTIK can decide whether to repair, exchange the defected part or complete telescope which are still under warranty. The telescope must be sent at clients expense to GEOPTIK service centre in it’s original packaging and containing original parts and accessories. Client to specify name, surname, address, phone and fax no. and e-mail address of the original purchaser.
8.4) IMPORTANT. Before goods are resent for exchange or repairs, the client must request an Return Authorisation Number (RAN) to info@geoptik.com or at the following fax no. ++39 02 700412083. By failing to do this no package can be collect from GEOPTIK European service centre.
8.5) The goods are considered “returned” only once GEOPTIK signs for goods acceptance.
8.6) The present warranty and limited responsibility is regulated by Italian Law.
9) CEASE OF CONTRACT CLAUSE
9.1) The clauses 1.3; 7.1; 7.2 and payment (see paragraph 5) are of great importance and must be adhered to otherwise the contract is annulled.
10) PERSONAL DETAIL HANDLING
10.1) The client must specify in the appropriate module on the website, all personal details that are showed as compulsory.
10.2) By Law conformity of the 31st December 1996 no. 675, GO has to supply the carrier or means of transport with client personal details. The carrier/other means of transport/insurer are responsible for Client Detail Privacy.
10.3)The Client personal details serves as follows:
- Allows certification or identification of client.
- Provides communication details.
- Permits fiscal details.
- Allows carrier to deliver the goods at the correct address.
- Elaborates statistics and other fiscal obligations
- To communicate product specials.
10.2) In order for GEOPTIK to complete the contract and/or accept the order, the client must supply personal and fiscal details.
10.5) GEOPTIK reserves the rights to annul the contract if the personal or fiscal details are not complete.
10.6) The client is obliged to supply true information and failing to do so is against the Law.
10.7) The client has the sole responsibility for the true details and emitting of fiscal documents.
11) RIGHT OF WITHDRAWAL
11.1) Under Article 1. 5 DL 185/1999, if the customer is a consumer (i.e. a person who buys goods for purposes not related to his professional activity, or does not indicate the purchase order form in Geoptik, a reference to VAT), is entitled to terminate the contract of purchase for any reason, without explanation and without any penalty, except as described in paragraph 11.3 below.
11.2) To exercise this right, the customer must send to the Geoptik a statement to that effect within 10 working days from receipt of goods. Such notice shall be sent by registered letter with acknowledgment of receipt, addressed to: Geoptik, 187 Via F. Garofoli, 37057, San Giovanni Lupatoto, Verona (Italy) or by telegram sent by the end of that period of 10 days and followed by a confirmation by registered letter with acknowledgment of receipt, sent EXHAUSTIVELY within 48 hours. Once received that notification of withdrawal, the Customer Service Geoptik, will inform the customer instructions on how to return merchandise that has to happen within the next 48 hours.
The right of withdrawal is still subject to the following conditions:
11.3) The law applies to the product purchased in its entirety, you can not exercise withdrawal only on the product purchased;
The property purchased must be complete and returned in its original packaging, complete in all its parts, to limit damage to the original package, we recommend that you insert in the second box that the company Geoptik sent in the shipment addressed to you, avoiding all cases to affix labels or adhesive tape on the packaging of the product.
By law, the cost of shipping on the return of the property are charged to the customer;
The shipment until the certificate of receipt in our warehouse, is under the full responsibility of the client;
In case of damage to the goods during transport, Geoptik give notice to the customer of what (by the fifth day of receipt of the goods in their stores), to enable it to make a timely complaint against the courier and get a refund of value of the property (if provided), in this case, the product will be available to the client for his return, at the same time cancelling the request for withdrawal;
Geoptik. does not respond in any way for damage or theft / loss of property returned with shipments not insured;
his arrival at the warehouse, the product will be examined to assess any damage or tampering not derived from the carriage. If the packaging and / or the original packaging are damaged Geoptik will withhold from the reimbursement due to a percentage, but no more than 10% of the same as the costs of restoration.
11.4) Without prejudice to any restoration costs for damage to make sure the original, Geoptik will reimburse the customer amount of goods excluding transportation. [charge back] as soon as possible.
11.5) The right to withdraw totally fell for lack of the essential integrity of the asset (the package and / or its content), where Geoptik finds:
The lack of external and / or the original package, internal;
The lack of integral elements of the product authenticity where expected;
Damage to the product for reasons other than transportation.
11.6)In the case of forfeiture of the right of withdrawal, Geoptik will return to sender the property purchased, charging at the same shipping costs.
12) VARY
12.1) The client is obliged to download on hard disk or print the present contract.
12.2) Conferring of order, implies full acceptance of the contract.
13) JURISDICTION AND COMPETENT COURT
13.1) All contestations for material defects must be communicated within 8 days from delivery date by registered mail A/R; after expiry, without contestations, the goods are intended as accepted.
Testimonial witnesses are not accepted.
13.2) GEOPTIK and client/s concord that every controversy related to the application, execution, interpretation and violation of this purchase contract, will be exclusively competent to the Jurisdiction of Verona, Italy.
