STAR AUTOMATION EUROPE SPA – EINS Division: General Terms of Sales
The following terms regulate the sale of products (hereinafter referred to as “Products”) present on the website called www.eins1.eu (hereinafter referred to as “Site”) and are applicable to sales towards other companies (B2B) only: during registration, the Buyer must provide the VAT number of his/her company.
The Site is property of Star Automation Europe Spa (hereinafter referred to as “Seller”), with headquarters in Caselle di Santa Maria di Sala, Via Salgari 2R/2S, VAT number 02417690274, REA no. 215245, telephone number 00390415785311.
1.1 The Products object of this General Term of Sale are present in the Seller’s Site, with their specifications and drawings.
1.2 The specifications like material’s description, weight, length, measures, dimensions, capacity, performances and other data listed in the Site are given as information to the Buyer and shall not be considered binding for the Seller.
1.3 The Seller’s Site does not represent an offer for sale and the Seller can modify, at its own discretion, at any time and without notice the above-mentioned specifications or shall stop manufacturing any product.
1.4 Prices and availability shown in the Site are intended until stocks last and are subject to variations caused by market fluctuations or other. Images shown in the Site are indicative only and may differ from the actual available Product.
2.1 The Buyer’s orders shall be drafted through the functions available in the Site. The Seller shall accept any order within 10 working days from its receipt and, within the same time, orders shall be deemed firm.
2.2 The Seller shall consider no order binding until this has been accepted and the order confirmation sent to the Buyer.
2.3 The availability of the Products refers to the actual availability at the time when the Buyer places the order. This availability must be considered as merely suggestive as, because of the simultaneous presence of Buyers in the Site, the Products may be sold to other Buyers before the order is confirmed.
Even when the Seller has e-mailed the order confirmation, there may be cases of partial or total unavailability of the Products. In this event, the order shall be amended and the unavailable Product deleted; the Seller shall inform the Buyer immediately in order to cancel the order (with no penalties for both parties) and possibly suggest an alternative Product.
If not otherwise agreed, the Seller reserves the right to despatch the available Products and, later on, those temporarily out of stock with no further charges for the Buyer.
3.1 Prices are not inclusive of taxes, customs tariffs and other charges. In particular, prices do not include VAT , which shall burden the Products in the Buyer’s Country.
The currency used in this Site is the Euro and the price applied is that indicated at the time of the order.
4.1 The Buyer shall purchase the Products online and pay with:
Credit Card : by following the instructions on the purchase procedure, it will be possible to use the main credit cards (VISA, MasterCard and Maestro), as indicated in the Site.
Bank Remittance : the banking remittance shall be done directly from the Buyer’s bank to the bank specified by the Seller with value on the day of the due payment; the Products shall be despatched only after receipt of the payment.
PayPal : the easy and secure way to make purchases.
4.2 The invoice shall be sent by e-mail only.
5.1 The Seller guarantees:
- (a) that the Products are free from material and manufacturing defects;
- (b) that the Products are compliant to the specifications listed in the Seller’s Site and/or in the order confirmation.
5.2 Within one year from the delivery date and after the submission of a complaint by the Buyer as specified under the clause “COMPLAINTS”, the Seller shall either replace or repair free of charge those Products proven to be defective, provided that those Products have not been damaged by the Buyer, wrongly installed, wrongly used or for any other reason not ascribable to the Seller.
In case of Products subject to normal tear and wear, the Seller shall evaluate if the product shall be replaced under warranty or not.
5.3 The only guarantee given by the Seller is the one described in the previous paragraph 5.2. In no case shall the Seller be considered liable for indirect or related-to damages and/or for losses of profits that the Buyer shall suffer in consequence of defects in Products. These damages include (but are not limited to) cancellation of orders by the Buyer’s clients, penalties for delayed deliveries, penalties or reimbursement of any kind.
6.1 Upon receipt of the Products, the Buyer shall check that these correspond to the goods listed in the Purchase Order and that the packing is intact and not damaged. The Buyer shall examine the Products immediately upon their arrival at its works, with due diligence and attention and shall notify the Seller without delay (in any case within 8 days) if any lack, defect or nonconformity is discovered.
6.2 The notification regarding the lack, defect or nonconformity shall be made by e-mail to the Customer Service according to the instructions specified in the Site and shall contain a complete description of defects and lacks as well as the reference to the original delivery documents.
6.3 Even in case of intact packing, the Buyer shall immediately check its content and, in case of errors/unconformities, must contact the Customer Service within 8 days from receipt of the Products. After this lapse of time, if the Buyer has not notified the Seller the lack or nonconformity of the Products, these will be deemed accepted by the Buyer.
6.4 Should the Buyer ascertain after the term specified under 6.3 that the Product has a fault which could not have been determined in spite of a thorough check upon its arrival at the Buyer’s premises, the Buyer has the right to inform and make an immediate claim to the Seller, in any case no later than 8 days after finding the fault.
7.1 Any request to return Products to the Seller must be made by e-mail to the address reported under section “My Account” in the Site, following the relevant instructions.
7.2 Only after the Seller has accepted the request for return and according to the agreed terms, shall the Buyer return the Products, bearing all freight costs.
The Buyer commits to reimburse the price of the Products as soon as possible and in any case no later than 10 days after receipt of the Products, provided that:
- a) the Products returned are intact;
- b) the Products are returned in the original packing/box and these are intact;
- c) the Products have not been used in a way that is not the one for which they were intended.
7.3 Reimbursement will be made using the same means of payment used for the initial transaction.
7.4 Freight costs for Products returned within the warranty period will be borne by the Seller.
8.1 The average delivery time is:
- a) Italy: 1-2 days
- b) EU zone 1: 1-2 days
- c) EU zone 2 + United Kingdom: 2-3 days
- d) Europe zone 3: 5-6 days
- e) Zone 4: 6-7 days
Deliveries are made during business hours from Mondays to Fridays, except on national holidays, at the address indicated when placing the order.
8.2 The Seller commits to put any effort into maintaining the delivery time specified under clause 8.1, but shall not be liable for not respecting these times or for lack of delivery, unless these failures are consequent of or are caused by a gross negligence of the Seller. In no case shall the Seller be liable for a delayed delivery or for a missed delivery caused by a shortage of Products.
8.3 Should a delayed delivery be caused by an impediment beyond the Seller’s control, such as (but not limited to) force majeure, the Seller shall have the right, at its own election, either to extend the delivery period or to terminate the sale. The extension shall be equal to the duration of the impediment. In both situations, the Seller shall not be liable towards the Buyer for the delayed or lack of delivery.
8.4 The Seller shall deliver the Products in the place and in accordance with the terms established in the order confirmation.
8.5 The average time to process an order is of 1-2 working days. The process time is the interval that lapses from the completion of the order to the handling of the parcel over to the courier. When placing the order it is essential to write a valid e-mail address and telephone number, so that the courier shall confirm the acceptance of the shipment and optimise the delivery. As soon as the Buyer hands over the Products to the courier, the Buyer will receive an e-mail stating the courier name and tracking number of the shipment.
8.6 Freight costs are borne by the Buyer and shipping terms are detailed at the checkout counter. These vary according to the weight of the Products and to the zones where the Buyer is located.
9. APPLICABLE LAW – COMPETENT COURT
9.1 The Italian law, being the Seller’s law, governs the sales realized in accordance with these General Terms of Sale.
9.2 Any dispute between the Parties arising or concerning the sales realised in accordance with the General Terms of Sale shall be settled exclusively by the court of Venice.