GENERAL CONDITIONS OF SALE
1) Corporate purpose.
The corporate purpose of Oil Service s.r.l. is electronic and mail-order trade of lubricating oils, machines, equipment, spare parts assuming both the role of agent, with or without deposit, representative, dealer and/or agent of third parties.
2) General Provisions
2.1 These Terms and Conditions of Sale shall apply to any order placed with Oil Service s.r.l. hereinafter also just "the Seller".
2.2. Transmission of an order implies acknowledgement and acceptance of these General Conditions of Sale which can always be viewed on the website www.buyfilteronline.com under General Conditions of Sale. These conditions apply to the exclusion of any other clause or condition, except for any special clauses agreed in advance in writing and signed for acceptance by the parties.
2.3 Orders placed by e-mail, telephone, fax or mail imply acceptance of the General Conditions of Sale. Oil Service s.r.l. reserves the unquestionable right to change these General Conditions of Sale at any time.
2.4 All additional clauses or special conditions of purchase that are incompatible with these general conditions of sale, even if they appear on the customer's order, shall be considered as not affixed.
3) Order acceptance and fulfillment
3.1 All orders are binding on the customer, who must always specify the quantity, technical specifications and all elements necessary for the correct identification of the products.
3.2 The orders of the customer/purchaser (also called the Customer) are to be made in writing and remain devoid of any effect until the moment of acceptance by Oil Service s.r.l. which may be tacit (order processing) or express (written confirmation). Acceptance of the order will entail the full and unbreakable application of these general conditions of sale, which will be the source exclusively regulating the relationship, even subsequent between the Parties.
3.3 Any subsequent requests for variation must be transmitted in writing and will not be valid unless expressly accepted in the same form by Oil Service s.r.l., which reserves the right, in any case, to reject the variation and execute the original order.
3.4 Orders accepted by the Seller will always be executed, with the exception of cases of force majeure, such as strikes, environmental causes and/or in any case any cause not attributable to the Seller; in such cases the Seller will, however, be entitled and entitled to obtain from the Customer the full reimbursement of the expenses incurred up to that moment and those consequent and/or connected to the partial execution of the order. Where the supply depends on the delivery of one or more pieces by Suppliers, the Seller shall not be liable to the Customer for any delays resulting from the non-performance and/or late performance attributable to its Suppliers.
3.5 The customer may proceed to any cancellation of the order no later than twenty-four hours after sending the same provided that the order itself has not already been accepted and / or processed. In the event of timely cancellation of the order, the company Oil Service s.r.l. will not be required to make any performance and / or delivery.
4) Delivery - Products - Shipping
4.1 The characteristics of the product sold are indicative and refer only to the essential elements that make up the product ordered and sold: therefore, Oil Service is not responsible for any non-structural changes to the product that may have occurred through the unilateral initiative of the manufacturer.
4.2 Delivery terms for the product being sold, if indicated, are indicative and not exhaustive in nature and have no contractual value. Therefore, no responsibility can be charged to the company Oil Service s.r.l. in case of non-compliance with delivery terms.
4.3 Delivery time will start from the date of order confirmation by the seller.
4.4 Unless otherwise specified in writing, the delivery terms of the goods shall not be considered binding on the Seller, so that any extension of the term shall not give the Customer the right to claim the return of any amounts already paid, legal and/or default interest, termination of the contract and/or compensation for damages, as also provided for in art. 4.2 above. Occurrence of fortuitous cases or force majeure and/or lack of availability of material from the supplier, the Seller reserves the right to cancel all or part of the orders, without the Customer being able to claim compensation for any damages.
4.5 Unless otherwise agreed in writing, the goods always travel at the risk (economic and legal) of the Customer, with the exclusion of any liability for Oil Service s.r.l., even in the case of "free at destination" sales. In particular, it is the Customer's duty to check the condition of packages before collection.
4.6 If no specific shipping method is specified in writing at the time of the Customer's order, the Seller shall have full discretion in choosing the route and means of transportation and the amount of charges.
4.7 If the Customer does not pick up the products, Oil Service s.r.l. may store them on behalf of and at the risk of the Customer and, upon notification of the making available, invoice them as if they had been delivered.
In any case, Oil Service s.r.l. reserves the right, in case of failure to collect the order, to resell the uncollected products and in any case to act for compensation for damages suffered.
5) Disputes and returns
5.1 The Customer undertakes to make any complaints of defects and/or faults and/or discrepancies, of whatever nature and size, without prejudice to what is agreed in point 4.1. above, by registered letter AR to be sent to the Seller no later than 8 (eight) days after delivery of the goods. Any other method of claim is excluded. Once the period of 8 (eight) days has elapsed, the return of the goods will not be accepted for any reason.
5.2 Merchandise returns for discrepancies, subject to what is agreed upon in Section 4.1, must be "carriage paid" (i.e., with transportation costs borne by the customer).
Unless expressly stated to the contrary, in the Order Confirmation, prices are exclusive of all charges relating to taxes and charges for transportation, insurance, shipping, storage and the like, which shall be borne by the Customer. Any increases in such charges, which become effective after the date of the Order Confirmation, shall be borne by the Customer.
7.1 The Customer is obliged to make payment in favor of the Seller within the terms specified by the Seller.
7.2 Oil Service s.r.l. in the event of non-compliance by the customer with the terms and conditions of payment, may:
- Require immediate payment of all claims due to forfeiture of the benefit of the term;
- Suspend ongoing supplies or complete them only against advance payment;
- Withdraw from all further contracts with the customer and terminate ongoing negotiations with the customer;
- Terminate the contract pursuant to Article 1456 of the Civil Code.
In case of termination of the contract the customer, in addition to having to pay in full what is due to Oil Service s.r.l., will be obliged to compensate all damages suffered by the Seller as a result of the breach of contract. However, this is without prejudice to the possibility for Oil Service s.r.l. to request the execution of the contract.
8) Object of Sale - Manufacturer's Warranty
8.1 The goods marketed are supplied and/or produced by third parties who will directly guarantee manufacturing and/or non-conformity defects, Oil Service s.r.l. being a mere reseller of the goods under contract.
8.2 Oil Service s.r.l. assumes no responsibility for damages resulting from accidental events of any kind occurring during the use of the products.
9) Retention of title
In the case of installment sales, until such time as the buyer has made full payment of the price, the goods supplied shall remain the property of the seller and may be claimed by the seller wherever they may be, even if joined to or incorporated with goods owned by the buyer or third parties, pursuant to and in accordance with Article 1523 et seq. of the Civil Code.
10) Complaints - Communications
Claims and disputes of any kind shall be made to the Seller's registered office, subject to the provisions of Section 5.1. For the purpose of any order and subsequent contract, the purchaser elects domicile at the place shown on the title page of such order, and all communications may be sent to him at such domicile, or at such other registered office as the seller may elect.
11) Governing Law of Contract and Competent Jurisdiction
11.1 The purchase contract is governed exclusively by Italian law
11.2 For any question and/or dispute arising from the contract from its execution and/or application and/or interpretation or in any case related to the same, the exclusive jurisdiction of the Court of Brescia is recognized, with the exclusion of any other Court.
12) Information and processing of personal data
The Data Controller is the sole administrator, Ms. Annalisa Schiavino.
Pursuant to art. 13 of Legislative Decree No. 196 of 2003, Oil Service s.r.l. informs that it will process personal data of customers, suppliers, collaborators and also of individuals who have voluntarily communicated their personal data directly, by telephone, by fax, by e-mail. Oil Service s.r.l. guarantees that the processing of personal data will be carried out in compliance with fundamental rights and freedoms, with particular reference to confidentiality, personal identity and the right to protection of personal data. All data communicated by data subjects are processed exclusively for fulfillments related to the business activity of Oil Service s.r.l., such as the supply of requested products, in particular:
a) For inclusion in the company's master records and computer databases;
b) To issue transport documents, invoices and credit notes;
c) To issue quotes and offers to active and/or potential customers;
d) For keeping ordinary accounts;
e) For managing collections and payments;
f) For processing internal statistics having the purpose of monitoring customer satisfaction;
g) For the exchange of communications pertaining to the administrative and business activities of the company;
h) To fulfill obligations under laws, regulations, EU legislation, civil and tax laws.
The personal data that customers, suppliers, collaborators have voluntarily communicated to Oil Service s.r.l. will not be disseminated in any way. The processing of personal data is done using both paper and computer media with the observance of precautionary measures in order to ensure security and confidentiality as Oil Service srl takes appropriate technical and organizational security measures so that the user's personal data are protected from accidental or intentional manipulation, loss, destruction or access by unauthorized third parties.
If you have provided consent to the processing of personal data [Art. 6 - para. 1 - lit. a) of the GDPR], you can revoke it at any time. Revocation of consent does not affect the lawfulness of processing based on consent until the date of revocation.
The transfer of data to third countries takes place in accordance with legal requirements. In particular, where it occurs, you will be notified of the recipients, or categories of recipients, of personal data in accordance with legal requirements.
You have the right to promptly obtain correction of inaccurate personal data concerning you (Art. 16 of the GDPR) by contacting, for this purpose, the above address.
Oil Service s.r.l. collects data exclusively to offer the potential customer marketing information regarding the sale and services related to it and provided by Oil Service s.r.l., which will send periodic free communications to the potential customer for this purpose. The legal reason for the processing of such data is the consent provided by the user. You can revoke your consent at any time via the unsubscribe link at the bottom of the body of our marketing emails. The marketing emails sent are based on the preferences provided in the consent form. The legal reason for processing this data for this purpose is Oil Service Ltd.'s legitimate interest in reducing the number of marketing emails sent to each customer by selecting which customers should receive a particular type of marketing email.
Brescia, update prepared and effective from March 2022.