Terms of sale to the Consumer

MAINO INDUSTRIES SNC di Maino Alfredo & C. Via Roma, 42 – Oltrona San Mamette 22070 (CO) Italy – Tel. +39031891478 – Email: maino@maino.it – Internet https://maino.it – Chamber of Commerce of Como 0198979 – Tax code + VAT: IT-01555980133 – C.M. CO-022855.

Article 1 APPLICABLE RULES: All supplies made by MAINO INDUSTRIES, hereinafter “Seller”, are governed by these general conditions of the sale contract, unless expressly waived in writing. Each contract, general conditions of sale and guarantee, is considered completed with the selection by placing the check mark in the corresponding box of the online store “without this selection / order placement cannot be made”. The consumer is an end user, he buys for his own private use. VAT numbers are not comparable to consumers.

Article 2 PRICES: The Seller reserves the right to vary the prices agreed in the order if, at the time of delivery, any component of the cost changes to an extent not less than 3% and by an equal percentage. The prices will only include what is expressly indicated in the order. Any additional supplies or services must be paid for separately.

Article 3 DELIVERIES: The delivery times indicated in the order are purely indicative and not essential for the Seller. Supplies will always be made in accordance with the Seller’s schedule and production capacity. The Consumer, even if it is not expressly provided for in the order, may not reject the execution of the supply with fractional deliveries. Delivery times, for all purposes, start from the complete transmission of all the technical data necessary for the preparation of the order, and are considered automatically extended, even several times, in case the Seller requests more information or clarifications. or before the occurrence of complications in the production phase, for the period indicated in the relative communication. The seller fulfills his delivery obligation and is released from any liability by making the products available to the Consumer at his factory. Products always travel at the Consumer’s risk and expense. Even in the event that the consumer instructs the seller to transport “which will include the necessary expenses, costs and transportation rights in the budget”, the products always travel at the consumer’s risk and expense, we remind you that this precise point and thus Also all the points before and after this one, are perfected with the selection by placing the check mark in the corresponding box of the online store to select to proceed with the purchase.

Article 3.1 TRANSPORTATION RISKS: The products always travel at the Consumer’s risk and expense, even if the costs and transport rights are paid by the Seller, by delegation of the Consumer. Trademark rights (if any) are rights of the sender that are owed directly to them and are not included in the prices charged by the Seller.

Article 3.2 WITHDRAWAL: The Consumer has the right to exercise the right of termination of the contract, always and in any case in accordance with the terms of the Consumer Code, Legislative Decree of September 6, 2005 no.206 and except for the exceptions to which referred to in article 59, the consumer has a period of fourteen days to withdraw from a distance contract or a contract negotiated outside the commercial premises without having to give reasons for any reason and without having to incur costs other than those foreseen. in ‘Article 56, paragraph 2, and Article 57. The Consumer may decide to terminate the contract, and has the right to return the merchandise without paying any penalty, obtaining a refund of the amount paid, excluding accessory costs (transportation, insurance, etc.). ..) notify in the estimate that you will receive when placing the order and that you must return it endorsed together with the copy of this contract for acceptance. To withdraw from the contract, the Consumer must send a resignation message, by telegram, fax, or email , followed by a letter of resignation, to be sent by registered letter with acknowledgment of receipt. If the goods have already left or have already been delivered, in addition to the desire to withdraw from the contract, the Consumer must return all the goods at his expense within the same terms. The condition for the validity of the right of withdrawal is that the merchandise is returned substantially intact (not broken) and in all its parts and also in perfect working order. PROFESSIONALS AND / OR COMPANIES WITH TAX REGISTRATION AND VAT NUMBER HAVE NO RIGHT TO WITHDRAW. The right of withdrawal is only for those who buy as a consumer, i.e. for purposes other than work (therefore, without VAT number). Therefore the right of withdrawal does not belong to the professional who buys objects for his own use and / or study or to the entrepreneur.

Article 4 PAYMENTS AND RESERVATIONS OF OWNERSHIP: Payments are made for the amounts and in the manner indicated in the order, except as provided in article 2, the payment conditions are considered essential for the Seller and mandatory for the Consumer. In case of delay, without prejudice to the right to terminate the contract, the Consumer must pay default interest, calculated at the official discount rate plus five points. All payments must be made in legal tender at the Seller’s headquarters, unless authorized in writing to use different methods, which will never involve the transfer of the place of performance. All payment costs are borne by the Consumer. The seller retains ownership of the products sold until full payment of the price and any additional charges.

Article 5 TESTS: The products supplied are tested at the Seller’s factory, exclusively by sample, unless the Consumer expressly requests it, before the delivery date, with reference to the predetermined use declared by the Consumer in the manner provided in the following Article 6 (GUARANTEE). In the case of testing a single part at the consumer’s premises, all costs incurred will be paid separately by the consumer. The Consumer has the right to attend the tests in any case, upon request by letter r.a.r. shipped well in advance of the expected delivery date of the products. If the Consumer does not attend the test, or during it, does not formulate documented and specific findings, all products will be considered unconditionally and irrevocably accepted, in accordance with the technical requirements, both general and detailed, of the order, with special attention to the standards. of security for people and things, and suitable for the pre-established and declared use in accordance with article 6 (GUARANTEE).

Article 6 GUARANTEE: The Seller guarantees the proper functioning of the product exclusively with reference to the technical documentation attached to the order, to the operating and use conditions indicated in the machine’s user manual, subject to proof of exact compliance by part of the Consumer. of all the recommendations and instructions provided, for twenty-four months (24) from the delivery date (* TWELVE MONTHS (12) FROM THE DELIVERY DATE OF ALL MATERIALS SOLD TO COMPANIES WITH TAX REGISTRATION WITH VAT NUMBERS). The calibration of the probes is excluded from the guarantee of 24 (* 12) months, which are calibrated in the company and guaranteed as calibrated only for a period of six (6) months, always from the date of delivery (if the probes have been purchased already connected to thermostatic devices and/or controllers, as spare parts or accessories, they are not already calibrated, but they must be calibrated once their installation has been completed). In any case, the guarantee is granted only for domestic use of the products. The warranty is expressly limited to the replacement of products recognized as defective by the Seller and returned by the Consumer, with the exclusion of any right to compensation for damages of any nature and any replacement and repair by the Consumer or customers. The Consumer is obliged to report the event that may give rise to the application of this guarantee, within five (5) days following the news thereof, attaching all the documentation of the complaint. All rights and actions derived from this guarantee expire in the three months following receipt of the aforementioned complaint.

Article 7 DISPUTE AND LIABILITY OF THE SELLER: The Consumer must strictly contest with the letter r.a.r. defects, defects, non-conformities of the products, other than those provided for in articles 5 and 6, within eight days after delivery of the same. Any exception or dispute, even if determined or documented with experience, as well as any action, even by third parties, will not allow the Consumer to suspend or delay payments. In any case, the responsibility and obligations of the Seller are limited exclusively to the replacement of parts recognized as defective in origin or missing, with exemption from any request for compensation or compensation, without prejudice to the right to withdraw from the contract within the period established by the Legislative decree in force. In any case, the Consumer may not exercise recourse actions against the Seller, for the compensation paid or incurred by virtue of the legislation on product liability against third parties, after thirty (30) days from the delivery of the products.

Article 8. JURISDICTION: The judicial offices of the consumer’s place of residence are competent for any controversy that arises from the execution and interpretation of the contract or any event related to it “Attention! The judicial offices are different UNIQUELY and ONLY for companies and/or for anyone who has purchased with a VAT number, in that case the place of jurisdiction is SOLELY and only that of Como Italy”. They are specifically approved in their general content in accordance with art. 1341 and 1342 of the Civil Code, all the following articles and clauses: Art.1, Art.2, Art.3, Art.4, Art.5, Art.6, Art.7. Specifically in Article 3.1, I delegate the Seller to call a carrier and pay for the transportation in advance for me. The merchandise travels at my risk and expense, and if there is a cash on delivery right, I will pay these cash on delivery rights directly to the sender. This contract cannot be modified without the written authorization of MAINO INDUSTRIES SNC, INFORMATION FOR THE TREATMENT OF COMMON PERSONAL DATA ONLY WITH THE RELATED CONSENT – PROTECTION OF PRIVACY: SUBJECT: Information in accordance with article 13 of Legislative Decree n. 196/2003. Legislative Decree n. 196 of 2003 protects the confidentiality of personal data and imposes a series of obligations on those who “process” personal information referring to other matters. Among the most important obligations that the law requires to respect is that of informing the interested parties and obtaining their consent for the processing, especially for the processing activities in relation to which the data must be communicated to other subjects. In light of the foregoing, therefore, we are pleased to inform you, in accordance with article 13 of the legislative decree in question, that the undersigned company collects and processes data related to your company for purposes related to the management of relationships. ordinary commercial and, precisely, for the preparation of lists of personal data, maintenance of customer / supplier accounts, billing, creditor management for compliance with all obligations established by current regulations. In addition, your data may be processed exclusively for internal statistical, market research and commercial communications purposes. The treatments can be carried out using both computerized and manual tools, complying with all the necessary precautions to guarantee the security and confidentiality of the information. Your data may be transferred to third parties, exclusively for technical and operational needs strictly related to the purposes set out above and in particular to the following categories of matters: (A) entities, professionals, companies or other structures entrusted by us for the treatment linked to the ” compliance with administrative, accounting and management obligations related to the ordinary performance of our economic activity, also for credit recovery purposes; (B) to public authorities and administrations for purposes related to compliance with legal obligations; (C) banks, financial institutions or other subjects to whom the transfer of your data is necessary for the performance of our company’s business in relation to our fulfillment of our contractual obligations towards you. Both your provision of data and your consent can be freely expressed, but your refusal will make it impossible for us to enter into contracts and other related obligations, as well as the correct management of mutual business relationships. Finally, we inform you that, in accordance with current provisions, you can, at any time, request in writing the integration, update, rectification or modification of your data, as well as exercise all the rights that the law attributes to you. Below is the full text of article 7 extracted from Legislative Decree 196/2003. Art. 7 (Right of access to personal data and other rights). 1. The interested party has the right to obtain confirmation of the existence or not of the personal data concerning him, even if not yet registered, and its communication in an intelligible form. 2. The interested party has the right to obtain a) the origin of the personal data; b) the purposes and methods of the processing; c) the logic applied in case of processing carried out with the help of electronic tools; d) the identity of the owner, manager and representative designated in accordance with paragraph 2 of article 5; e) The subjects or categories of subjects to whom the personal data can be communicated or who can know them as designated representative in the State, administrators or agents. 3. The interested party has the right to obtain: a) updating, rectification or, where appropriate, integration of data; b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those that do not need to be kept for the purposes for which the data was collected or subsequently processed; c) the proof that the operations referred to in letters a) and b) have been made known, also in terms of their content, to those to whom the data have been communicated or Legislative Decree June 30, 2003 has been disseminated , except in the case in which this fulfillment is impossible or implies a use of means manifestly disproportionate with respect to the protected right. 4. The interested party has the right to oppose, totally or partially: a) for legitimate reasons, the processing of personal data that concerns him, even if they are pertinent to the purpose of the collection; b) to the processing of personal data concerning him in order to send advertising or direct sales material or to carry out market studies or commercial communication. The images contained on the website and in the production catalog are purely indicative, so our company reserves the right to make product improvements without prior notice.

PARTIAL REPRODUCTION OF THE WEBSITE AND THE CATALOG IS EVEN FORBIDDEN.

Link to Consumer Code