ART. 1 DEFINITION OF THE PARTIES
The following General Conditions of Sale disciplines the supply arrangements between Wily Agency Group s.r.l - with a registered in Massa di Somma, in Via S. Chiara n. 1, VAT number 06565101216 - and the Buyer, subscribing the confirmation order document, so accepting these conditions. Conditions not indicated here, but eventually proposed by the Buyer, must be previously accepted and subscribed by Wily Agency Group s.r.l.
ART. 2 AGREEMENT
When the customer accepts the offer and Wily Agency Group s.r.l confirms this order, they both contemplate these General Conditions. Offers made by Wily Agency Group’s trade experts for the customers demanding them are not binding or mandatory since Wily Agency Group s.r.l does not confirm them. Offers are available for 15 days: after this time limit the offer has no more validity. Offers do not include: manuals and instructions, assistance services, technical performances.
ART. 3 TECHNICAL DATA AND SUPPLY DOCUMENTS
Weight, dimensions, prices, colors and other data regarding the products supplied and indicated in catalogues, price lists, invoices or other documents written by Wily Agency Group s.r.l have a mandatory rule only if written in the offers, signed together with the confirmation order document. In case Wily Agency Group s.r.l changes some important details, always in order to improve product’s performances (ex: installation ways etc;), it is obligatory the previous communication to the buyer.
ART. 4 PRICES
Prices indicated in the offer refer to Wily Agency Group s.r.l price list. Prices’ changes because of a high in costs of workforce or raw materials have to be communicated. The indicated items’ price on the offer, does not include VAT, delivery and installation. These costs will be calculated on the confirmation order.
ART. 5 PAYMENT
Payments details are indicated in the confirmation order document. They must be done in euros. Every delay or irregularity in payments allows Wily Agency Group s.r.l the right of:
a) Suspend the supplies;;
b) Vary the ways of payment/ discounts for the following supplies also requiring a down payment or further guarantees. ;
c) demande, à compter de la date d’échéance pour le paiement et pas besoin d’une lettre officielle de mise en demeure, l’intérêt sur le montant par défaut restant dû, dans la mesure du taux prévu par la réglementation actuellement en vigueur pour les transactions commerciales (en particulier décret législatif n. 231/2002 et ses modifications ultérieures), sous réserve, dans chaque cas le droit de Wily Agency Group Srl de demander une indemnisation pour les dommages supplémentaires subis. En outre, dans ces cas, tout montant dû à quelque titre srl Wily Agency Group Il devient immédiatement exigible. L’acheteur devra effectuer le paiement des produits, même lorsque des exceptions surviennent, les litiges ou controverses qui seront définies seulement après le paiement des montants.
ART. 6 OWNERSHIP
Products delivered do not belong more to Wily Agency Group s.r.l only after the full payment received.
ART. 7 DELIVERY
Delivery times are calculated in working days only. In case there are delivery delays, it is not Play Wily’s fault, because it is used to delivered by other transportation companies. In case the buyer has not totally paid the products as agreed in the terms indicated in the confirmation order document, he/she will not receive the goods. Delivery time is communicated some hours before arriving at the address communicated.
ART. 8 JUSTIFIED DELAYS
Wily Agency Group s.r.l is not considered responsible for the for delays depending on:
a) Reasons of force majeure;
b) Acts or omissions by the Buyer causing problems to the respect of the terms indicated in the confirmation order document;
c) No respect of the terms of payment;
d) Impossibility to obtain materials, devices or services to do the works and supply the items;
In case of one of these options, Wily Agency Group s.r.l communicate the new delivery time and the eventual delay.
ART. 9 TECHNICAL RULES AND RESPONSIBILITIES
Play Wily’s products are all conforming European laws about security. Of course, Wily Agency Group s.r.l guarantees the security and the resistance of these products only in case of a correct use and maintenance of them (indicated in manuals, delivered together with goods). It is a customer free choice where to install playground (indoor, outdoor…etc) but it is better this is previously communicated.
ART. 10 GUARANTEE
Wily Agency Group s.r.l guarantees that products delivered correspond in quality, colors and type to what agreed in the invoice before and in the confirmation document later. It guarantees they do not present problems or failures. In case the failures depend on the normal wear of the products, there is no available guarantee. Guarantee starts since Wily Agency Group s.r.l receives the total payment. Since that moment, it last 12 months, but other conditions agreed. Of course, there is no guarantee if the products have been installed in a wrong way (not by our team), modified or repaired, without a previous written permission by Play Wily. In case of structural failures, the customer is obliged to communicate it within 8 days since he received the items. Failures should be described and documented by photos. Within the 8 working days, considered the failures Wily Agency Group s.r.l can:
a) Fix the malfunction/ problem/ failure;
b) Substitute the product with another one of the same type;
In case of failures due to a wrong installation, repaired/ substituted items can be surely given by Play Wily, but goods and delivery costs are at the customer charge. Wily Agency Group s.r.l is absolutely no responsible for every problem caused during transportation, installation, wrong use.
ART. 11 COMPENSATION
Wily Agency Group s.r.l responsibilities, due to execution or not of the contract, to the guarantee, to objective problems cannot anyway exceed the product’s value.
ART. 12 PRIVACY
Buyer agrees to the processing of personal data given to finalize the contract with Wily Agency Group s.r.l. Of course, personal details are used only in commercial aims.
ART. 13 EXTRA
These General Conditions are considered available since the buyer sign the confirmation order document and pay the down payment. Of course, their rights start from the moment he receives the goods. If one of the above mentioned rules is not available, the others are considered anyway available. Every rule is considered independent from each other.
ART. 14 LAWS
These General Conditions and the supply agreement are disciplined by Italian and International laws. For every controversy about the agreements between the parties, it is competent only Italian jurisdiction.