Terms of sale

 

 

Art. 1. Premise
Freddi Giovanni with registered office in Reggiolo (RE), Via Strada Porto n° 11 C.F.:FRDGNN68H24H225Y – P.IVA 01663900353 below more briefly Freddi deals with the sale and sale of electronic components in accordance with current rules and regulations. With the exception of special conditions offered to you in accordance with the provisions of the following regulatory provisions, these general terms and conditions, hereinafter more briefly "Conditions", must be considered to prevail over any other agreement, agreement and/or agreement between Freddi and the User, except, in any case, the express acceptance by the Freddi Company. In the event of a difference between the proposal formulated by the User and these General Conditions, the latter prevail.

 

Art. 2. Terms and definitions
For the purposes of these General Conditions and annexes, the following definitions shall be considered valid:
User/Proposer: professional buyer (having to exclude the user who is a consumer by meaning only the natural person who buys the goods for purposes not related to his possible professional or entrepreneurial activity);
Products: each product in order to which the user is invited to process the purchase;
Site: the website at the address www.onlinesemiconductors.com
Proposal: compilation of the appropriate "Proposal to purchase electronic components provided by Freddi Giovanni" by the User containing information regarding the conditions of sale;
Seller: Cold that has the availability of the Product or Products..

 

Art. 3. Subject of the contract

This electronic component supply agreement, hereafter more briefly "Contract", will be understood to be concluded between You and Freddi, below more briefly "the Parties" or "the Party".

 

Art. 4. Product availability

The User may purchase the products currently present on the Site (except for any others not present on the site but for which the User may ask for any availability to the Seller). The Proposal that must be sent by the User to Freddi will be subject to acceptance by Freddi as indicated in art. 5.

In any case, proposals/orders with a total value of less than € 100.00 plus VAT will not be accepted.".

 

Art. 5. Conclusion of the contract

The Contract will be perfected through the following phases:

 

a) the display on the product website must be understood as an "Invitation to deal" according to these conditions by the Freddi Company, so that the User can make a request to the Seller for the availability of the goods in question by e-mail

 

 b) the negotiation relating to the price (and any other special conditions) will take place later by e-mail, so that Freddi's response to the request for availability referred to in the previous letter does not constitute a Contract Proposal pursuant to art. 1326 c.c. but it is indicative of the willingness to supply the requested products at current prices and is therefore subject to any modification and/or integration until the completion of the Contract;

 

c) once all the elements of the contract have been shared (n° and quality of the components, Price, etc.), Freddi will send by e-mail or link the "Proposal to purchase electronic components provided by Freddi" that the User - as proposer - must, once completed with his personal data - subscribe and send back to the sender by scanned e-mail;

 

d) the User must pay the Agreed Price no later than 3 days after receipt of the proforma note issued by Freddi, immediately sending the Seller a copy of the provision with cro number;

 

 e) Freddi – if the proposal is complete in all its elements, it will send back the contract signed for acceptance, thus perfecting the Contract, so that Freddi will deliver the Product or Products only after payment of the Price in the terms indicated in art. 7.

 

 

Art. 6. Payment

The price of the Product or Products - as agreed and accepted by Freddi in negotiation - must be paid by the User in advance and in any case no later than 3 days after receipt of the pro-forma note issued by Freddi.

The User must immediately send - and in any case no later than 3 days after receipt of the aforementioned pro-forma note - proof of the full payment of the Price (copy of the provision with CRO number) to the Seller by email to the e-mail address info@onlinesemiconductors.com.

The notification of the payment must be understood as an indefatigable condition for the delivery by Freddi of the Requested Product or Products.

Payment must be made by means of:

1) -Bank transfer. The User must make the transfer to the order of: Freddi Giovanni.

 

 

Art. 7. Delivery

7.1. The User must indicate in the Proposal one of the following delivery methods:

1. -Pick-up at the administrative headquarters of Freddi, in Reggiolo(RE) Via Strada Porto n° 11. Freddi will communicate to you the availability of the Product or Products at your location, with an indication of the day and time of collection.

2. -Delivery by express courier. The goods will be delivered to the address that you will communicate in the Purchase Proposal. Freddi will be responsible for shipping through couriers of your choice the Product or Products indicated by the User in the Proposal throughout the national territory. The transport costs are borne by the User.

7.2. Upon receipt of the goods, the User must check the external appearance of the packaging.

In case of deformations or obvious damage to the packaging, the User must refuse delivery and immediately give notice of the refusal to Freddi who will replace the Product or Products as soon as possible.

7.3. The delivery times indicated by Freddi must be considered purely indicative and not essential, without any commitment or guarantee of compliance by Freddi.

 

 

Art. 8 Prices.

The selling prices are the subject of confidential negotiations and are to be considered excluding VAT. Invoice amounts do not accept cuts or rounding.

Art. 9 Guarantees
9.1 The guarantee is:
9.1.1. for products from the free market (international brokers) of 30 (thirty) days;
9.1.2. for products from official channels (international distributors) it is 3 months.
9.2. Freddi will not be responsible for any lack of conformity of the Product that is described in its technical characteristics and use in the manner and terms agreed with the manufacturer.
9.3.The User must report in writing to Freddi the existence of any defects of the products delivered no later than 8 (eight) days after receipt.

 

Art.10.Return of goods
a) Any return of goods must be authorized in writing by Freddi.
b) Returns will be accepted only if accompanied by the R.M.A. (Material Return Authorization) No. All returned products must be in original packaging and packed in such a way that the product cannot suffer any damage and for this the User/Proposer will be responsible. All returned products must be returned in the manner described in R.M.A.
If the returned products are assumed to be defective, a full description of the alleged defect must be included in the packaging with the returned product. The products rendered without justified reason will be sent back to the User/Proposer, with expenses borne by the latter.
c) No return, even if authorized, will be accepted if in the
accompaniment of the goods (R.M.A.) will not contain the following information:
c1) No. Of Material Return Authorization, communicated to you by Freddi;
c2) delivery note or invoice issued by Freddi;
c3) quantity and type of device returned;
(c4) reason for the refund;
c5) replacement request.
d) Under no circumstances shall welded, tampered, damaged or recovered products from circuits already assembled, or misused, be accepted.
(c) Products found to comply with standard specifications and/or under the conditions of point (d) will be returned to you at your expense.

 

Art. 11. Canceling orders and rescheduling

Cancellations of orders or decreases in quantity cannot be decided by the User without prior authorization from Freddi. For orders with scheduled deliveries, the rescheduling of deliveries must be agreed in writing with Freddi, who reserves this right at his own discretion. However, written notice by registered mail R.R. or e-mail is required at least one month in advance of the first useful deadline. Freddi will then have the right to charge an amount equal to 1.5% per month of the value of the unused goods as a refund for the cost of immobilized material.

However, it is understood that orders relating to special, personalized, higher value products, including products to be assembled in special Kits, products not present in the price list by Freddi or all those Products that Freddi classifies as "NCNR" or "Non-Erasable and Non-Returnable" (so-called "Non-Standard Products") must already be considered "NOT - CANCELLABLE AND NOT – RETURNABLE"

 

 

Art. 12. Waiver

Any right of the User to damages or compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or things caused by the Product or Products covered by the Contract except as provided for in art. 1229 c.c.

 

 

Art. 13. Force majeure

Freddi will be released from the obligation to fulfill and execute this Agreement due to force majeure, temporary or definitive, such as (but not limited to and not mandatory) strikes, arrests or accidents, fires and for any other cause that has occurred outside freddi's control and is not attributable to you, even pre-existing, that prevents or aggravates the total or partial execution of this Agreement.

 

Art. 14. Improved efforts

The Parties undertake to perform this Agreement in good faith and to fulfill or ensure that the obligations set out herein are fulfilled in good faith, and to draw up and deliver any document or instrument or to perform any act that is reasonably necessary for the purposes of this Agreement, even if such instruments and actions are not the subject of a specific obligation imposed by this Agreement.

 

Art. 15. Constrainivity

This Agreement will be binding between the Parties and their respective legal representatives, successors and any successors involved.

 

Art. 16. Does not give up

16.1. The renunciation of the exercise of a nascent right of this Agreement may be effected only by written deed and signed by the Party against whom the waiver must take effect.

16.2. Failure to exercise, or waive the exercise, or a partial and isolated exercise of any right arising out of this Agreement, shall not be considered in any way as acquiescence nor may it affect in any way the exercise of that right or any other right arising out of this Agreement, or the right to require the performance of the obligations of the other Party, , unless otherwise provided for in this Agreement, that the rights and remedies arising out of this Agreement are cumulative and not exclusive to each other.

 

Art. 17. Restrictions on use and allowances

The products sold by Freddi must be used only and exclusively for the purposes indicated by their original producers. These purposes, as a rule, do not include the use of products in systems of protection and/or support of human life, use in connection with nuclear material or in any other purpose where a malfunction of a product sold by Freddi may cause damage to life, body and human health or loss of large and unusual sums of money.

In the event that you use or resell the products purchased for one or more of the aforementioned purposes, you do so at your own and exclusive risk and danger with any consequent liability.

In case of non-compliance, the User must therefore keep Freddi and the Product Manufacturer absolutely free from all damages (direct and/or indirect), costs and responsibilities that may result from the use of the products in violation of this clause and/or the reserves and precautions of use made by the original manufacturers in this regard.

 

Art.18. Control over resale and exports

All products supplied by Freddi are intended to be used exclusively in the country where they are delivered, as agreed with you. Resale or a different use of the products, related technology and documentation are subject to the export control rules (laws, ordinances, directives, decisions, administrative acts, etc.) in force in the United States of America, in the countries of residence of the User and of the European Union; they must also be subject to the rules in force on imports/exports to non-EU countries. It is up to the User to inquire about the regulations, comply with them and, if necessary, take action to obtain the necessary import, export or re-export licenses.

 

 

Art. 19. Communications

All necessary communications, authorizations, applications and requests allowed or imposed against a Party depending on the provisions of this Agreement must be made by registered mail with acknowledgement of receipt, by e-mail respectively to the addresses and/or numbers indicated by the User in the Proposal and by Freddi at the following addresses and numbers: Strada Porto n.11, Reggiolo (RE), tel +393356913332.; e-mail info@onlinesemiconductors.com; or any other address or number that Freddi will communicate to you.

 

Art. 20 Confidentiality and privacy policy pursuant to Legislative Decree 196/2003 and succ. Mod..
20.1 Confidentiality. Each party undertakes not to use and not to disclose, disclose and/or disseminate directly, indirectly to third parties, by means of a person, entity or company, by any means and in any way, the objectively or subjectively confidential information and/or information of which it has become aware on the occasion and/or in the fulfillment of the contractual relationship between them.
20.2. In accordance with the law laying down provisions to protect individuals and other subjects with respect to the processing of personal data, the data provided by the User may be processed, directly or even through third parties, as well as to comply with the obligations provided for by law, regulation or Community legislation and in particular to fully comply with all contractual obligations.
20.3. The processing of your personal data will take place using paper or computer and/or telematic media also by third parties for whom the knowledge of your personal data is necessary or otherwise functional to carry out the activity by Freddi; in any case, the processing will take place in a manner suitable to ensure its security and confidentiality.
20.4. The Data Controller is Mr. Freddi Giovanni as owner of the homonymous individual company.
20.5. In relation to the processing of your personal data, you may exercise the rights provided for by law.
20.5 The User declares that he has read, understood and accepted the information pursuant to art. 13 of the aforementioned legislative decree and published on the www.onlinesemiconductors.com

 

 

Art. 21 Applicable Law

This Agreement is governed by Italian law and interpreted in accordance with it.

 

Art. 22. Jurisdiction

All disputes arising from this Agreement, including those relating to its validity, interpretation, execution and resolution will be the exclusive competence of the Judicial Authority of Reggio Emilia also for any guarantee, damages or, in general, related to payments.

 

Art.23 General provisions.

Any change to the text of these Terms must be made in writing and signed by both Parties on penalty of nullity.