Terms and Conditions

1. Definitions

Buyer: the person or company who purchases or agrees to purchase the Goods from the Seller.

Conditions: the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

Goods: the items which the Buyer agrees to purchase from the Seller.

Price: the price of the Goods, excluding VAT and any transport, packaging, and insurance costs.

Seller: OXXOT S.r.l.
VAT: IT 10321420969
Address: Via San Gregorio 55 – 20124 Milan

2. Conditions

2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions, including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may claim to apply under any purchase order or order confirmation or any other document.

2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.

2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.

2.4 These Conditions may not be varied except by the written agreement of the [un direttore del]Seller.

2.5 These Conditions represent the entire agreement between the Seller and the Buyer. Supersede any prior conditions issued.

3. Price

The Price shall be [importo] (or [il prezzo indicato sulla conferma d’ordine del Venditore]. The Price is exclusive of VAT which shall be due at the rate in force on the date of the Seller’s invoice.

4. Payment and Interest

4.1 Payment of the Price and VAT is due at the time of purchase from the site or within the terms indicated on the invoice.

4.2 Interest on overdue invoices shall accrue from the date when payment becomes due, calculated on a daily basis until the date of payment, at a rate of 8% per annum above the Bank of Italy’s base rate from time to time in force. Such interest shall accrue after as well as before any judgment.

4.3 The Buyer shall pay in full and shall not exercise any right of set-off or counterclaim against invoices submitted by the Seller.

5. Goods

The quantity and description of the Goods shall be as set out in the Seller’s order confirmation.

6. Warranties

The Seller warrants that the Goods will correspond at the time of delivery to the description given by the Seller in the order confirmation.

7. Consegna della merce

7.1 Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.

7.2 The Seller undertakes to use its best efforts to dispatch the Goods on an agreed delivery date, but does not guarantee to do so. Delivery times shall not be of the essence of the contract.

7.3 The Seller shall not be liable to the Buyer for any loss or damage, whether direct or indirect, arising from late delivery or short delivery of the Goods. In the case of short delivery, the Buyer undertakes not to reject the Goods but to accept the delivered Goods as part performance of the contract.

7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date, or if no specific delivery date has been agreed, when the Goods are ready for dispatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer for all reasonable costs of doing so.

8. Acceptance of Goods

8.1 The Buyer shall be deemed to have accepted the Goods 48 hours after delivery to the Buyer.

8.2 The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notice to the Seller within 5 working days of delivery of any defects which a reasonable examination would have revealed.

8.3 Where the Buyer has accepted, or is deemed to have accepted, the Goods, the Buyer shall not be entitled to reject the Goods which are not in accordance with the contract.

9. Title and Risk

9.1 Risk shall pass on delivery of the Goods to the Buyer’s address.

9.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice (including interest and costs) has been paid in full.

9.3 Until title in the Goods passes, the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them in a manner that they can at all times be identified as the property of the Seller.

9.4 The Seller may at any time before title passes and without any liability to the Buyer:

9.4.1 reclaim, dismantle, and use or sell all or part of the Goods and thereby terminate the Buyer’s right to use, sell, or otherwise deal in them; and

9.4.2 for that purpose (or to determine what if any Goods are held by the Buyer and to inspect them) enter any premises owned, occupied, or controlled by the Buyer.

9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.

10. Transport of Goods

Transport will be chargeable on all sales. This will be at a cost of €5.90 including VAT for deliveries within Italy, and €20 for the rest of Europe. See the delivery terms for further information.