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WIRMAX (WIRMAX Wireless Online Store) B2B agreement 1. About Terms and Conditions 1.1In this text, the word "us” stands for Selit S.a.s. and "you" stands for a company willing to purchase any products on the website, namely a customer. Some capital words refer to the terms according to the description stated in the article no. 17. The definition of such words is at the bottom of this agreement. These conditions and terms, together with an e-mail about an order confirmation, make a contract between you and us about the supply of produce. No other condition or term will be applied. This agreement can be modified only by means of written consent or e-mail. 2. Placing an order 2.1 In order to place an order you must have a VAT Registration Number and a business pertaining to the products offered on the web site. Please send all relevant compulsory documents during the subscription stage, before getting your own ID and password. Any false or inaccurate communication about your business or your data will entitle us to suspend your account anytime, enabling us to check how to safeguard our interests. 2.2 You can place an order by following all necessary steps to confirm it, obviously after registering or making your personal account. We reserve the right to take into account any other kind of orders placed out of the website. In such a case, their terms and conditions will be agreed upon between the involved parties from time to time, in compliance with any classic commercial procedures. 2.3 During the transmission of an order, you will be assigned an order number through the website allowing you to acknowledge it and to follow its status. 2.4 By sending us an order you will make an irrevocable preliminary sale contract according to the terms, conditions and the descriptions stated on the website. We will reserve the right whether to accept it or not. 2.5 Whether we cannot fulfil your order thoroughly with 30 (say thirty) days you will be entitled-only in such a situation- to withdraw from any order (s). A written notice will be sent to you by e-mail informing you about the supervened impossibility to fulfil it. 3. Prices 3.1 The price of every product will be the one stated on the commercial invoice and the only one in witness thereof any negotiation, with any possible costs charged to the client such as delivery expenses, assembling, etc. Any quotation made out during the signature of an order is therefore to be considered as an example and not binding, even though made carefully and precisely. 3.2 The VAT will be paid according to the current rates stated in the invoice. 3.3 Your delivery costs will be written on the invoice and will attest any expenses quoted at the signature of your order. 3.4 Your transport cost will be available on the web site if you choose to have it by our couriers. Otherwise you will have to provide us your courier details. 4. Terms of payment 4.1 Any purchased products can be paid according to the terms selected in the payment section of the web site. 4.2 Your supply of produce will take place only after the payment of the invoice of your ordered goods has been settled. 4.3 Whether we do not receive your payment within ten days from the sending of your order we will be compelled to cancel it and you will not have any further claims against us resulting from such cancellation. 4.4 We will send any request of payment and your commercial invoice to your e-mail address indicated in your subscription to our web site. 5. Delivery of products 5.1 The delivery of products will take place at the address you specified to receive your order. 5.2 We will do our utmost to deliver you the goods on time starting from the payment confirmation date. Any stated delivery date about the dispatch of your goods has to be considered not binding yet to our favour and not to be regarded as our formal sanction by law. If you have placed an order about a number of items in the same time, we might deliver them to you in different days. 5.3 The ownership and the risks of losses related to your products will be handed over to you at their delivery to your seat by a courier. 6. Produce returns 6.1 Whether there are any reasonable reasons to return us your purchased produce, you can send it back to us and get reimbursed. In order to do this, please send us a written notice within 10 days from the delivery date. Yet, you cannot return us your produce and ask for the money to be reimbursed if all original seals have been removed. 6.2. In order to return us your purchased produce you must follow the procedure available at …. which is an integral part of this agreement. Should the return is not made by following the above mentioned process, you will neither get reimbursed nor get any technical assistance, being this a breach of the contract. We reserve the right to quantify any possible damage in the proper legal seat. 7. Configuration and assistance 7.1 A customer is aware that the products offered are not configured and do not have any assistance for the setting of the software related to their use. A customer acknowledges to know the features of what he/she buys in order to run the products in a completely independent way. Should a customer ask for assistance, he/she must ask for it by e-mail before a purchase, since this request activates an accessory service which will be quantified separately by means of a quotation to be accepted and undersigned . 8.Limited one-year warranty 8.1 As regards all new products bearing Selit logo, we provide a one-year warranty from the purchase date concerning any defect related to the materials used and the manufacture. The terms and the warranty conditions - to be acknowledged as an integral part of this contract- are available on the product package you have purchased. This warranty is valid only for hardware produce by Selit (as defined hereinafter) and does not cover any software or any other items sold through it. Please apply to all software licenses for any further information about the warranty applicable to software. 8.2 Before sending your hardware product under warranty to our technical assistance department by means of the RMA procedure available at…, please reset the device to its default configuration. We will not be responsible for any data loss made by the technical assistance department. 8.3 As to products bearing a different brand than Selit, namely by third parties, within the law, all requests fro warranty, where relevant, must be made in accordance with standard manufacturer warranty terms and conditions, which can be provided together with your purchased products. As regards any warranty released by a producer, all requests for warranty first of all must be sent to the manufacturer direct. 8.4.The warranty does not cover any produce tampered with, repaired by third parties, or used not in compliance with its standard directions for use. 9.Our responsibilities 9.1 These conditions and terms represent as a whole our obligations and responsibility for the supply of your products. We will not be not compelled to provide you any further warranty, conditions or terms different from the ones stated in this contract. 9.2 Any possible warranty, conditions or other terms concerning the products connected to the contract or contained in it by law, standard procedure or otherwise (included, without limit, every implicit condition related to quality, purpose of use, careful use and survey) is not expressly included. In particular, we will not be responsible for making sure products be suitable for your purposes/needs. 9.3 Such contract evaluations in any case will not exclude or to limit our responsibility in case of death, grievous bodily harm having reference to carelessness or malice. 9.4 Except for what described on paragraph 10.3, we will not be responsible for anything- in this contract- in case of earn losses, gains, contracts, data or any other direct or indirect damage, deriving or yet related to contract, non- contract, fallacious, contributory negligence non-fulfilment of any sort. 9.5 Except for what described on paragraph 10.3, our maximum limit of full responsibility in this contract both in contract terms and tort (guilty too), or any other sort, will not exceed the amount you paid to the purchased produce in any case. 10. Customer’s responsibility 10.1 A customer takes charge of full responsibility of respecting all rules and safety provisions related to the use of produce. The website is therefore not responsible for any direct or indirect damage to people or things deriving from inappropriate use of the supplied items. In any case the website cannot be held responsible, even indirect, of malfunction or inadequate operation of produce and/or related damage connected with its use dissimilar to its features or with regulations currently in force. 11. How to contact us in case of problems with the website: general information: info@wirmax.it for assistance during registration and purchase: info@selit.it for technical problems and navigation on the site: webmaster@wirmax.it whether you should contact us for further information about your order, please do not forget to your web purchase order number. 12. Check on exports In particular, you do not engage yourself (i) not to export produce in any country in violation of the laws about export and (ii) not to export any produce in those countries where a special government authorization or export license prior to getting all required licenses or authorizations. You acknowledge and you guarantee expressly not to be a citizen, a resident or living in a country where the export of produce is prohibited by any rules regulating export. 13. Data protection 13.1 When placing an order, you accept that Selit may store, process and use the data contained in your order to carry it out. Some of your information will be forwarded to forwarding agents if you choose this service. On your specific indication in your order, by placing it, you acknowledge expressly that your data can be transferred to any other companies whose produce is available on Selit website in order to provide you each time any information about some more products or services which may be of interest to you. If you do not wish your data to be transferred to such companies in order to provide you with other produce, you will have to express your refusal to exercise a right as stated in the article no. 7 of legislative decree no. 196/03. 13.2 You can ask anytime which data of yours we have; and if it is wrong, we will correct it upon your request in writing. Your personal data written in your order will be collected, recorded and elaborated by Selit, responsible for electronic personal data processing. 14.Act of God 14.1 We will make any possible effort to perform all the obligations deriving from this contract. We will be in every case exempt from any responsibilities in case of delays or breakdowns due to circumstances out of our control. In case of delay, we will perform the obligations assumed as soon as we can. 15. Applicable law and arbitrary clause. 15.1 This contract is regulated by the Italian law. We will try to solve any controversy quickly and efficiently. All controversy deriving from the interpretation, the execution and the dissolution of this contract will be submitted to an only judge appointed by common consent by both parties, namely the President of the Court of law in Perugia. Amicable arbitration will have the seat of the designed judge, who is free to adopt any procedures considered as appropriate, by leaving both parties –if they wish- to explain their own reasons. 15.2 The choice of the judge will have to be motivated concisely and to be communicated in writing to the parties, who will consider it as a transaction achieved direct. 16. Renunciation of rights and partial invalidity 16.1 Whether one of the involved parties should not want to assert his rights related to this contract it will be considered as a quitclaim. Such a choice will not mean a renunciation to assert his rights at a later date. 16.2 Any potential invalidity or ineffectiveness of one or more contract clauses will not invalidate in any case the validity or effectiveness of other contract clauses, not affecting the agreement as a whole. 17. Definition of Terms 17.1 The terms and conditions in the context of this contract stand for: “Accessory”: every single accessory of the product, for instance a mouse or a case for a laptop; “Site”: our web site www.wirmax.it through you can purchase online; “Contract”: the terms and the conditions written in this contract along with your order confirmation; “laws on exports”: all the laws, the rules, the provisions of the United States of America, of the European Union and Italy as well, applicable to exports, re-exports, transfers and resale of produce; “Hardware”: a product which is not software, a service or an accessory; “Invoice”: a commercial invoice we make out for produce price; “Order”: your order confirmation made out in compliance with these terms and conditions; “Order form”: an order confirmation made out containing the acceptance of your order; “Produce”: every present product on our website supplied to you according these terms and conditions which may be inclusive of the supply of services as well; “Web order number”: a number we assign to your order for reference; “Workday”: all days except Saturday, Sunday or bank holiday in Italy.
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