GENERAL CONDITIONS OF SALE

1. The present general conditions of sale regulates all contracts of sale relative to the products present in the catalogs of Modulartem Store s.r.l. (hereinafter, the “Products”) concluded between Modulartem Store s.r.l. (hereinafter, the “Seller”) and each of its customers (hereinafter, the “Purchaser”).
2. Contractual terms and conditions stated or referred to by the Purchaser in his communications to the Seller which have not been specifically accepted in writing by the Seller shall be ineffective.
3. In any case, to the contracts of sale related to Products concluded between the Seller and the Purchaser shall not be applied any general conditions of purchase eventually adopted by the Purchaser.

1. The sale contract is considered concluded with the receipt by the Seller of the “Costumer order confirmation” duly signed for acceptance by the Purchaser.
2. Any modification and/or integration eventually made by the Purchaser to the “Costumer order confirmation” will be considered totally ineffective, if not previously accepted in writing by the Seller.

1. Before the conclusion of the sale contract, the Purchaser shall inform the Seller in writing of the possible existence of regulations to be respected in the field and/or in the country of final application of the Products, which may affect the characteristics and/or the requirements for the same, as well as their price.
2. Data and illustrations in Seller’s catalogs, brochures or other illustrative documents are for guidance only and, as such, are in no way binding on Seller.
3. All documents, information, drawings, images and videos related to the Products which are transmitted by the Seller to the Purchaser in execution of or in connection with the sale and purchase contract shall remain the exclusive property of the Seller. As such, the Purchaser shall not, under any circumstances, transmit them to third parties, nor use them for purposes unrelated to the sale contract without having previously obtained specific written authorization from the Seller.
4. The Seller reserves the right to modify the Products at any time as he deems appropriate and/or convenient, giving notice to the Purchaser if his order has not yet been processed.

1. The delivery terms indicated in the “Costumer order confirmation” are merely indicative and, as such, are in no way binding for the Seller.
2. The delivery of the Products is intended as agreed “ex works”, even when the shipment of the same is carried out by the Seller.
3. The Purchaser that does not take delivery of the Products, shall have to bear the risks and expenses related to their custody and storage, as well as to their redelivery/return.

1. The prices of the Products indicated in the Seller’s catalogs may be subject to increase in relation to the costs of raw materials, components, packaging, transport and energy used for manufacturing, as well as in relation to any other factor beyond the Seller’s control.
2. The prices of the Products indicated in the Seller’s catalogs may be subject to upward variations even if, with respect to what is foreseen in the “Costumer order confirmation”, a reduction in the quantities ordered or a more rapid delivery will be subsequently agreed in writing by the Reseller.

1. The terms and methods of payment indicated by the Seller in the “Costumer order confirmation” have to be considered binding and cannot be extended/changed by the Purchaser, unless previously agreed in writing by the Seller.
2. Any disputes that the Purchaser should raise about the validity, the interpretation and the execution of the sale contract will never legitimize the non-compliance of the payment terms indicated by the Seller in the “Costumer order confirmation”, without prejudice to the right of the Purchaser to subsequently and separately enforce his reasons.
3. The Seller is allowed to suspend the execution of the sale contract if the Purchaser has not complied with the payment terms indicated by the Seller in the “Costumer order confirmation” and also if the Purchaser has not respected the payment terms indicated by the Seller in the “Costumer order confirmation” relating to another sale contract concluded with the Seller.

1. In addition to the payment of the price of the Products, the Purchaser shall also provide for the punctual payment of the taxes, costs of packaging, customs charges, duties and any other additional charges communicated by the Seller.

1. The Seller will keep the property of the Products, even if already installed by the Purchaser, until the full payment of the amount indicated in the “Costumer order confirmation” under the item “Total Value”.
2. In case the amount indicated in the “Costumer order confirmation” under the item “Total Value” is not fully paid by the Purchaser in the foreseen times and ways, the Seller shall have the right to withdraw the Products, wherever they are, charging to the Purchaser all the necessary expenses for their recovery.
3. The Purchaser is obliged to do everything necessary to establish in the country where the Products are located a valid reservation of title or, in any case, a guarantee in favour of the Seller similar to that referred to in Article 1523 of the Italian Civil Code, in the widest form permitted by the law in force.

1. The Seller guarantees that the Products correspond for quantity, quality and kind to what is foreseen in the sale contract concluded with the Purchaser.
2. If the Seller acknowledges the defectiveness of the Products, it will be entitled to repair or replace them, thereby excluding the Purchaser’s right to make any claim (including a claim for compensation) against the Seller.
3. Eventual reparations and substitutions of defective Products will be carried out by the Seller “ex works”; the expenses and the risks for the transport of the defective Products will be entirely at the Purchaser’s charge.
4. The duration of the warranty is twelve months and starts from the date of delivery of the Products and, for the Products repaired or replaced as defective by the Seller, from the date of their repair or replacement.
5. The Purchaser loses the right to enforce the warranty against the Seller if he does not report in detail the defect of the Products in writing to the Seller within eight days from when he discovered it or should have discovered it.
6. Parts of the Products subject to wear and tear are excluded from any form of warranty and, in any case, the warranty will be void if the Products have not been properly assembled or used and maintained by the Purchaser, as well as if they have been modified or repaired by the Purchaser without specific written authorization by the Seller.

1. The Seller may never be required to compensate the Purchaser for damages for an amount higher than the price paid for the defective Products and, in any case, it will never be required to compensate for indirect damages, production losses and lost profits of the Purchaser.

1. The Seller is the sole owner of the intellectual property  of the trademark .
2. The Purchaser is not allowed to register the trademark or to have it registered by any person or company in any way connected to himself.
3. The Buyer may use the trademark  only if specifically authorized in writing by the Seller.

1. With respect to what is not expressly provided for in these general conditions of sale, the sales’ contracts concluded between the Seller and the Purchaser shall be governed by Italian law.
2. Any dispute relating to the validity, interpretation and execution of sales’ contracts concluded between the Seller and the Purchaser will be exclusively settled by the Italian jurisdiction and precisely shall be subject to the exclusive jurisdiction of the Court of Reggio Emilia, with the express exclusion of any other jurisdiction and court.

LAST UPDATE: 20 june 2022