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Terms and Conditions

"BLACK BOX NETWORK SERVICES S.R.L." GENERAL TERMS


1. Definitions

In these conditions “Vendor” is referred to Black Box Network Services Srl that, as the heading of this document, results as vendor of Goods and/or Services for the Buyer; “Buyer” is referred to the legal subject that buy Goods and/or Services and to whom are addressed the invoices of the Vendor related to the supply of such Goods and or Services; “Goods” are referred to the products to supply to the Buyer as stated by the Contract; “Services” are referred to the services that the Vendor commits to supply to the Buyer as stated by the Contract; and “Contract” is referred to the contract for selling Goods and supplying Services closed between Vendor and Buyer.

2. Area of application

Except different agreement signed by the authorized representatives of Vendor and Buyer, these conditions will have to be considered as automatically part of any order or contract for providing Goods and/or Services closed by the Vendor and they will always have priority over any term and condition if exchanged with the Vendor.
Terms and Conditions of the Buyer will always have to be considered as not applicable to the Contract and fully substituted by these terms and conditions.

3. Conclusion of the Contract

The Contract is concluded:
  • In case of trading initiative opened by the Buyer sending an order to the Vendor, when the Vendor, after sending the order confirmation, receives from the Buyer the same document sent back with a new subscription as a confirmation of the Buyer, with subscription in acceptance of these general conditions. In case of initiative opened by the Vendor, when the Vendor receives the acceptance from the Buyer to confirm the order with subscription in acceptance of these general conditions.
Aside from the server location, the acceptances coming via e-mail or on the website are meant to be delivered to the Vendor’s registered office.

Each order makes part of a single sales contract.

4. Prices

  • The Vendor applies the prices published on the online price list, to www.blackbox.it or the different address published on the letterhead and periodically updated with the substitution of the previous ones.
  • All sale prices of the product, unless otherwise indicated , are excluding sales tax and transport services.
  • Prices are subject to the availability of the Products.
  • The Vendor reserves the right to confirm or modify the prices of the products published on the website, on information leaflets and advertising material or on the lists, at the moment of the order confirmation to the Customer, showing the communication of it.
  • The Buyer is responsible of the choice of the ordered products and the meet of the specification indicated by the manufacturer that fit with his own needs.

5. Delivery terms

The shipping time or other terms for the execution of other Vendor’s or his representatives’ activities under the Contract will be considered as approximated and never as an essential term and they will determined on the assumption of immediate delivery, on the part of the Buyer, of the order confirmation with these conditions, all subscribed in acceptance and all the information, documents, drawings or authorizations that should be supplied by the Buyer, furthermore there is the assumption of the avoidance of delays, direct and/or indirect, coming from causes that cannot be imputable to the Vendor who will not have to be called to account.

The Vendor will undertake in good faith to grant the delivery within the given date; the Vendor will have the right to proceed with staggered delivery (in which case each group will be considered as a single sale).

Any change requested by the Buyer on terms and conditions of delivery initially indicated will have to be agreed in writing by the Vendor and the Buyer and, in case such modifications affected time and compliance costs of the Vendor, it will be carried out a reasonable adjustment to the delivery date and the purchase price or both.

The Buyer is required to allow the delivery on the agreed date or to collect the Goods within a week from the notice of goods ready.

Otherwise, and except the retention of title until the whole payment of the price, the Vendor will be allowed to provide the storage at a depository of his choice, on Buyer’s debit of all the expenses related until the effective removal on the part of the Buyer, it being understood that the risk of damage, deterioration, theft or loss will be totally incumbent upon the Buyer from the moment of the delivery of Goods to the depositary. After three months from the deposit date or the notice of goods ready without the removal of Goods on part of the Buyer, these will be placed by the Vendor, as he pleases, and the Buyer will be responsible for the payment of the whole price, in addition to the storage cost and except any other law or right of the Vendor to ask for a compensation of the most damage.

Any agreement received will be kept by the Vendor as a penalty, except the right to compensation of the most damage and to pay the costs indicated in the previous paragraph.

6. Liability to each other for failure

The Vendor does not assume any responsibility for the disservices connected to reasons of force majeure such as accidents, explosions, fire, strikes and/or lock-outs, earthquakes, floods and similar events that could stop, totally or partly, the execution of the times agreed in the contract. The Vendor will not be responsible against any other part about damages, loss or costs due to the non-execution of the contract for the above mentioned causes, as the Buyer has only the right to the return of the price paid. Furthermore, the Vendor is not responsible of the possible fraudulent and illegal use that could be done by third parties, of credit cards, checks and other means of payment, upon payment of the purchased products.

7. Privacy

The Vendor Black Box Network Services srl, with its registered office in Rome, Via Prospero Alpino 42, within the meaning of the Article 13 Privacy Code (Legislative Decree No 196/2003 Codified), as the proprietor of the processing, announces the following to the Buyer.

The Vendor processes with computerized and manual means at its registered office and at the administrative offices in P.zza Attilio Pecile, 23, the personal data given by the Buyer or purchased from third parties by way of business (“Data”), in accordance with the Privacy Code, including the security profile to prevent data loss, illegal or not correct uses and not authorized access, by the Responsible of the process. The Vendor’s data process is only for functional activity to the execution of the Contract, including the sale and the transferring to another party; to exercise rights before the courts; to fulfill legal obligations, Regulation and Community rules. The failure of Data or the failure to authorize the data processing make impossible the execution of the contract for the Vendor.

The Data are available for the staff responsible of the proceeding and for the Vendor Responsible. The updated list of the Responsible and the subjects of the Data is knowable on request to the Vendor. The Data are communicated, to the strictly necessary, to entities, public authorities, even in associate form, third party that offer technical and organizational services that the Vendor uses for the use of these conditions, third party interested in means of mergers and takeovers, buying and selling of companies or part of it and other extraordinary operations, and to the legitimate recipients under law. Such subjects process Data under law and as Holders, Responsible or appointed to the process, as appropriate, for the same purposes as above. The Buyer can assert the rights in every moment towards the Vendor, referred to in Article 7, Privacy Code, for example to have confirmation of the existence of the Data, check their content, origin and accuracy, ask for an integration, updating, rectification, deletion, change in anonymous form, block for abuse of legal process; opposition for legitimate reasons .

8. Clauses independence

If any of the requirements of this Contract (or part of one of the conditions) is declared invalid, illegal or ineffective on the part of any Court or competent authority, such condition or part of the condition will be substituted by the clause considered valid and closer to the original intentions of the parties or, if it is not possible, to be considered as an integral part of the Contract, without affecting the validity and efficiency of the other conditions.

9. Applicable law

This Contract is governed by the Italian law.

10. Jurisdiction

For any dispute relating to the interpretation/execution of the Contract, the Rome court will have the exclusive competence.
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