GENERAL CONDITIONS FOR ONLINE SALES OF LANDI RENZO S.P.A. SYSTEMS AND COMPONENTS

1. Regulation and conclusion of sales contracts

1.1 These general conditions of sales, available on the website www.lrgroup.store.it (hereinafter the “Site”) for their memorization and reproduction according to art. 12 of the Legislative Decree no. 70/2003, cover the online sales of Landi Renzo S.p.A. products (notably systems and components) on the Site, belonging to the same Landi Renzo S.p.A., Italian company with registered office in Corte Tegge, Cavriago (Reggio Emilia), via Nobel no. 2. VAT number and fiscal code 00523300358, registered  at the Reggio Emilia Chamber of Commerce under the no. 138031, e-mail info@landi.it.

These general conditions of sales apply solely to online sales between Landi Renzo S.p.A. and legal persons or owners of VAT number, that are resellers and/or installers of Landi Renzo S.p.A. products (hereinafter “Customers”), with exclusion of all subjects classifiable as consumers according to the Legislative Decree no. 206/2005.

Said online sales are governed exclusively by these general conditions of sales and by the special conditions such as, by way of example, prices, payment modes, types of products, delivery terms.

1.2 Landi Renzo S.p.A. is free to update, integrate or amend these general conditions of sales, whose modifications will be effective for the sales concluded after their publication on the Site, which constitutes notice of the same modifications.

1.3 The Customer acknowledges the possibility to download these general conditions from the Site and agrees that Landi Renzo S.p.A. sends a copy of these general conditions at the e-mail address that the Customer will specify, at which shall be also sent any notices for the fulfilment of the purchase orders from time to time made by the same Customer.

1.4 These general conditions of sales must be examined by the Customer before any purchase and are deemed as fully known and unconditionally accepted with the application by the Customer of the flag in the relevant space for their acknowledgment and acceptance within the form on the Site.

Essential condition precedent for any purchase is represented by the prior registration of the Customer in the specific log-in area of the Site, filling the form in all its required parts and following the procedure described.

The log-in data are sent, by e-mail, to the Customer.

1.5 The Customer undertakes not to transfer to third parties the personal log-in data and to keep them with the utmost cure and diligence, remaining the sole responsible of their custody and use.

The Customer therefore accepts, starting from now, as its own any purchase orders made on the Site with its log-in data.

The Customer which knows or has grounded reasons to believe that its log-in data have entered into the availability of non-authorized third parties, must give to Landi Renzo S.p.A. immediate notice of that and, in any case, must adopt any measure to avoid any further use of its log-in data.

1.6 Landi Renzo S.p.A. reserves the right to modify the registration and log-in procedure and to require the modification of the Customer log-in data in case it is so deemed necessary in its own interest and for the functioning of the Site. 

1.7 The online sales contract of Landi Renzo S.p.A. products is deemed concluded between the Customer and Landi Renzo S.p.A. at the moment in which the Customer clicks the button “make the payment”, at the end of the purchase procedure on the Site.

Afterwards, Landi Renzo S.p.A. shall send to the Customer an e-mail summarizing the special conditions of sales, these general conditions as well as the privacy information.

1.8 The Customer may follow the steps for the fulfilment of the order in the specific area of the Site.

1.9 The form of the order shall be archived in the Landi Renzo S.p.A. data base for the time needed for the fulfilment of the order.

2. Risks ad responsibilities

2.1 The Customer remains the sole and exclusive responsible for the correctness and completeness of its identification data and in any case of any data inserted in the order form, notably with reference to the ordered product, with exclusion of any liability of Landi Renzo S.p.A.

2.2 Landi Renzo S.p.A. declines any liability for any information, documentation and materials inserted in the Site by third parties, even in case said contents are made available by the Customer within an advertisement service offered by Landi Renzo S.p.A. 

2.3 The Customer acknowledges that Landi Renzo S.p.A. may not in any way be held liable towards the same Customer for the suspension or interruption of the functioning of the Site. 

3. Delivery 

3.1 The delivery of the products is made at the place indicated by the Customer, through carrier appointed by Landi Renzo S.p.A., albeit at Customer expenses.

3.2 All the risks are transferred to the Customer from the moment of delivery of the products to the carrier.

3.3 The products always travel at the risk and danger of the Customer; after delivery to the carrier, Landi Renzo S.p.A. will not be responsible in any way for loss, damage and destiny of the products.

3.4 Landi Renzo S.p.A. is not liable for delays in delivery due to force majeure, fortuitous event or justifiable reason such as, but not limited to, strikes, riots, earthquakes, other natural disasters, lack of raw material, power and/or IT blackouts, fire, stop of machines and any other cause beyond the will and control of Landi Renzo S.p.A., such as to prevent, in whole or in part, the execution of the contract within the time and manner agreed. 

For late delivery of the products, if justified and not higher than 1 (one) month, the Customer cannot ask the termination of the contract or compensation of damages. 

3.5 Landi Renzo S.p.A. will do its utmost to fulfil the delivery deadline chosen by the Customer.

3.6 Landi Renzo S.p.A. reserves the faculty to split the delivery of the products of a single contract in multiple deliveries, or to merge into one delivery the products ordered by the same Customer with multiple orders.

3.7 The products are packed with standard packing suitable to be loaded on ordinary transport means.

3.8 Installation and following maintenance of the products are always to the exclusive charge of the Customer. Nor Landi Renzo S.p.A., nor the authorized centre for the warranty support and not even the Site shall provide assistance to the Customer for the installation and maintenance of the products purchased on the Site.

Nevertheless, Landi Renzo shall make available to the Customer the documentation required for the correct installation of its products. Landi Renzo reserves, on the contrary, the right to evaluate and fulfil specific Customer requests for the sending of further documentation related to the products (e.g. the documentation related to homologation).

4. Prices - Payments

4.1 The payment of the whole price for the purchase of the Landi Renzo products as well as for the transport costs and other charges (e.g. insurance costs) must be made at the same time as the conclusion of the contract under art. 1.7, according to the method of payment chosen by the Customer amongst those offered on the Site.

In any case, Landi Renzo shall deliver the products to the carrier only after prior and full payment of the purchase price as well as relevant costs and charges.

4.2 In case the payment under art. 4.1 is not successful, Landi Renzo shall give written notice of that to the Customer, inviting the same to make the payment within 24 hours form the notice, with the warning that otherwise the sales contract shall be deemed as definitively terminated.

5. Retention of ownership

Without prejudice to what established under art. 3 for the delivery, the products remain propriety of Landi Renzo S.p.A. until the full and effective payment of their price, which constitutes essential condition precedent for the transfer of their ownership.

6. Warranty 

6.1 The acceptance of the products by the shipper, the carrier or any other charged of the collection by the Customer, will demonstrate the good condition of the packaging of the products upon delivery.

6.2 Landi Renzo S.p.A. warrants that the products are compliant to the technical specifications declared, that they are free from faults and defects, as well as about their safety in accordance with the standards in force at the time of their placing on the market.

6.3 Landi Renzo S.p.A. rejects any liability for any kind of damages, whether direct or indirect, caused to people or things that are not related to the use that it could be reasonably expected at the time when the products were made​​.

6.4 Landi Renzo S.p.A. grants to the Customer a warranty of 24 (twenty-four) months for the lack of conformity of the products; said warranty starts from the date of delivery of the products to the carrier and its efficiency is subject to the timely reporting of the defects within 2 (two) months from its discovery.

6.5 Upon complaints promptly and justifiably proposed, accompanied by the description of the defect, the local centre for assistance authorised by Landi Renzo S.p.A., whose identification data will be noticed to the Customer, shall perform the warranty interventions in due time according to these general conditions. To this purpose the Landi Renzo S.p.A. product must be delivered and then withdrawn at cure and expenses of the Customer at the head office of the authorized assistance centre. 

In case a local authorized assistance centre is not yet identified at the Customer place, the claim will be handled by Landi Renzo S.p.A., without prejudice to the other conditions of this article.

6.6 It will be discretion of the authorized assistance centre the decision upon the replacing or reparation of the products which recognizes defective or non-conforming.

6.7 Repairs carried out under warranty do not involve any renewal or extension of the term of the same warranty.

6.8 The guarantee does not apply if the product is combined with components not marketed by Landi Renzo S.p.A. or have not been observed the warnings and prescriptions supplied or expected for the installation according to a normal criteria of diligence.

6.9 During the warranty period as set out in art. 6.4 above, Landi Renzo S.p.A. ensures that its products are free from faults or defects in materials and workmanship, provided that the products are in normal conditions of use and maintenance. 

The warranty does not cover parts subject to normal wear and tear, defects or non-conformities of functioning and damages caused by improper use or by improper installation  and/or maintenance of the products as provided in the manual or any other warning, instruction or prescription by Landi Renzo S.p.A.

The guarantee will not even be applied to what originates from any tampering of the products or any fact, conduct or omission attributable exclusively to the Customer or its assignees.

6.10 Exception made for gross negligence or willful misconduct, Landi Renzo S.p.A. will not be liable in any circumstances for any damage caused by defective products or non-compliant and that in express derogation of Article 1494 of the Italian Civil Code.

7. Ban of assignment

It is expressly forbidden to the Customer to assign to third parties the contract concluded according to art. 1.7, exception made for Landi Renzo S.p.A. prior written consent.

8. Governing law - Venue

8.1 These general conditions of sales as well as the sales contracts governed by them are governed by Italian law; in case the sale is with a Customer that resides outside Italy, the parties expressly agree for the exclusion of the application of the Vienna Convention of 1980 about the International Sale of Goods.

8.2 Any dispute concerning the validity, interpretation, execution and termination of any contracts of sale of products regulated by these general conditions of sales will be the exclusive jurisdiction of the Court of Reggio Emilia (Italy).

9. Privacy

The Customer declares to have good notice and read the notice pursuant to Article 13 of the Legislative Decree 30th June 2003 no. 196 (Code for the protection of personal data) also available on the Site and with the acceptation of these general conditions of sales it gives its consent to the process of its personal data for the purposes and in the manner specified in that notice.