{"id":7761,"date":"2024-10-18T14:54:15","date_gmt":"2024-10-18T12:54:15","guid":{"rendered":"https:\/\/onnwater.com\/condizioni-generali\/"},"modified":"2024-10-18T16:23:39","modified_gmt":"2024-10-18T14:23:39","slug":"condizioni-generali","status":"publish","type":"page","link":"https:\/\/onnwater.com\/en\/condizioni-generali\/","title":{"rendered":"General Terms of Sales"},"content":{"rendered":"\t\t
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\n\t\t\t\t\t\t\t\t\t1. Scope of application<\/strong>
\nThe present \u201cGeneral Conditions of Sale\u201d govern all relationships between OnnWater S.r.l. and the Customer, unless expressly waived by particular conditions confirmed in writing by OnnWater S.r.l. itself as provided for in point 2.
\n2. Supply requests<\/strong>
\nSupply requests are submitted by the Customers by letter, facsimile or e-mail.\nAny particular purchase term and\/or condition appearing on the supply request issued by the Customer, which is inconsistent with the present \u201cGeneral Conditions of Sale\u201d, if not accepted in writing by OnnWater S.r.l., will be considered void and in any case deprived of any effect for OnnWater S.r.l..
\n3. Finalization of the contract<\/strong>
\nThe offer issued by OnnWater S.r.l., in response to the request referred to in point 2 above, does not constitute a contract proposal\npursuant to art. 1326 Civil Code, is, in no case binding for OnnWater S.r.l. and has a purely indicative nature regarding the availability\nof OnnWater S.r.l. to supply the various products at the current prices at the time the offer is sent; it is, therefore, subject to any subsequent changes, until the order confirmation is signed by the Customer.\nIn response to each specific order, OnnWater S.r.l., in its discretion, will issue a written order confirmation which will be sent together with the present \u201cGeneral Conditions of Sale\u201d to the Customer, who must return both documents duly signed, thus finalizing the contract.\nAny information or data on the characteristics and\/or technical specifications of the products contained in catalogues, price lists or similar documents will be binding only to the extent that such data have been expressly confirmed in writing by OnnWater S.r.l..\nIn any case, failure by the Customer to comply with a clause providing for an advance payment, in whole or in part, will entitle Onn Water S.r.l. to obtain the termination of the contract for non-compliance by the Customer upon simple request.
\n4. Delivery and shipping<\/strong>
\nUnless otherwise agreed, sales by OnnWater S.r.l. are considered to be carried out with delivery via authorized couriers; the related costs are the responsibility of the recipient.
\n5. Terms of delivery<\/strong>
\nThe terms of delivery expected by OnnWater S.r.l. are indicative and not binding for the Company itself.\nUnless there is an express written agreement to the contrary, therefore, the processing of the order by OnnWater S.r.l. within 30 days of the expected delivery terms, will not give the Customer the right to request the termination of the contract, nor to obtain price reductions or compensation for deducted damages and prejudices. After this deadline, any compensation and\/or indemnity will be due only if expressly agreed between the parties.\nOnnWater S.r.l. also reserves the right to make partial deliveries, with the consequent issue of invoices to be paid within the terms agreed in the order confirmation.\nThe delivery of a smaller quantity of products than ordered does not free the Customer from the obligation to accept delivery and pay for the delivered products.\nThe Customer must report in writing the existence of any damage or failure to deliver the products (transport damage and\/or missing and\/or non-compliant packages\/products with the order) by the end of the second working day following the date of receipt of the delivery, under penalty of forfeiture. Late reports will not be taken into consideration by OnnWater S.r.l. and will be unproductive of any effect.
\n6. Payment conditions<\/strong>
\nAll invoices must be paid to OnnWater S.r.l. within the agreed terms, regardless of any anomalies occurring during the warranty\nperiod and the need for any tests.\nAny delays in payments will result in the charging of default interest at the legal rate increased by 8 (eight) points as per Legislative Decree 231\/2002 and subsequent amendments. If the legislative provisions relating to the rate of default interest indicated above were to change, the rate will be considered automatically adjusted accordingly.\nDiscounts are not permitted unless expressly authorized by OnnWater S.r.l.. The Customer is, therefore, not authorized to make any deduction from the established value.\nOnnWater S.r.l. reserves the right, at its sole discretion, to subordinate the delivery of the products to the advance payment or to the presentation of adequate payment guarantees.
\n7. Suspension of delivery and termination of the agreement<\/strong>
\nOnnWater S.r.l. reserves the right to suspend deliveries if the Customer does not make even a single payment within the established deadline, is in default of other contracts or, in general, is in default of any other obligation.\nAfter the finalization of the contract, if the economic conditions of the Customer change as a result of repeated unpaid bills, protests of bills of exchange, compulsory executions or insolvency proceedings, OnnWater S.r.l., in addition to what is specified in the previous paragraph (right to suspend deliveries), reserves the right to terminate the contract with immediate effect and to communicate the forfeiture of the benefit of the term pursuant to art. 1186 Civil Code, also requesting immediate payment of the overdue and also of those that are not yet due.
\n8. Prices<\/strong>
\nPrices are in Euros.\nSales prices do not include VAT.\nNo deductions or roundings are accepted on invoice amounts.
\n9. Cancellation of orders and rescheduling of deliveries<\/strong>
\nAfter the contract is finalized according to point 3, cancellations of orders or reductions in quantities cannot be decided by the Customer without prior written authorization of OnnWater S.r.l..\nFor orders with scheduled deliveries, the rescheduling of deliveries must be agreed in writing with OnnWater S.r.l., which reserves the right to agree or not at its discretion. However, written notice is required at least 15 days in advance before the first following scheduled deadline.\nOnnWater S.r.l. will, in this case, have the right to charge a weekly amount equal to 1.5% of the value of the goods at stake as a reimbursement for the immobilization of material and storage.\nRegardless of what is provided in these \u201cGeneral Conditions of Sale\u201d, it is however understood that orders relating to special, personalized products, or products not present in the price list, must henceforth be considered \u201cnon-cancelable and non-returnable\u201d.
\n10. Warranty<\/strong>
\nExcept in cases specifically reported in writing and\/or expressly qualified as subject to different rules, OnnWater S.r.l. guarantees that the products sold are free from material and manufacturing defects, issuing the following guarantees to its Customer:
\na.<\/strong> 24 months for electronic version devices (identifiable with the letter E on the serial number plate) made by OnnWater S.r.l.;
\nb.<\/strong> 12 months for mechanical version devices (identifiable with the letter M on the serial number plate) made by OnnWater S.r.l.;
\nc.<\/strong> 12 months for accessories and spare parts distributed by OnnWater S.r.l.;
\nd.<\/strong> 60 days for appliances remanufactured by OnnWater S.r.l.;
\ne.<\/strong> the replacement of a part under warranty does not change the natural expiration of the product warranty.\nThe warranty does not apply to those particular components subject to natural wear and does not cover defects caused thereby.\nThe Customer must report in writing the existence of any defects in the goods no later than 8 (eight) days from discovery under penalty of forfeiture and in any case within one year from delivery. Late reports will not be taken into consideration by OnnWater S.r.l. and will be unproductive of any effect.\nIn case of reporting of defects actually considered as such also by OnnWater S.r.l. the latter will evaluate at its discretion whether to return to the Customer the price of the products (subject to the return of them) or, alternatively, repair or replace, at its total discretion, such products.\nIn the event that the shipment is carried out by OnnWater S.r.l. and upon receipt the material shows visible damage, the Customer must refuse the delivery or accept it with reservation, specifying it in writing on the transport document.\nOnnWater S.r.l. is not, under any circumstances, obliged to provide assistance or repair damage resulting from unforeseeable circumstances or those that are not under the responsibility of OnnWater S.r.l..\nOnnWater S.r.l will not, under any circumstances, accept financial requests from the Customer for damages (direct and\/or indirect), penalties, expenses, costs including for rework, lost earnings suffered by the Customer itself or by third parties, unless agreed in advance and in writing. Under no circumstances will the sums recognized by OnnWater S.r.l. may exceed the value of the products at stake.\nAny complaints or disputes regarding the products sold by OnnWater S.r.l. will not give the Customer the right to suspend, or\nin any case delay, payments.\nThe warranty becomes void in the event of:
\na.<\/strong> installation, ordinary maintenance, extraordinary maintenance or repairs carried out by unauthorized and unqualified technical staff;
\nb.<\/strong> modifications not authorized by Onn Water S.r.l.;
\nc.<\/strong> use of parts and\/or equipment not supplied or approved by Onn Water S.r.l.;
\nd.<\/strong> failure to comply with the installation and maintenance instructions of Onn Water S.r.l. and any changes unauthorized by the latter;
\ne.<\/strong> overuse or improper use of the appliance compared to the characteristics reported on the technical data sheet.\nIn consideration of the fact that mechanical devices, by their nature, cannot have any type of internal protection against overpressures or leaks, OnnWater S.r.l. declines any responsibility for damage to the appliance or caused by flooding coming from the appliance itself. It will therefore be the Customer\u2019s responsibility to equip the appliance with an adequate external\nsafety system to prevent the aforementioned possible damage.\nThe Customer is in any case required to have civil liability insurance towards third parties suitable to cover any damage also attributable to the product made by OnnWater S.r.l. A copy of the insurance policy must be provided if requested by Onn Water S.r.l.. It will be the Customer\u2019s responsibility to subsequently inform Onn Water S.r.l. of any changes in the maximum\ncoverage, scope of coverage or other relevant conditions of the policy.
\n11. Repairs and returns of goods<\/strong>
\nAny request for repair of the goods at the headquarters of OnnWater S.r.l. must be previously authorized in writing by OnnWater\nS.r.l.\nIn the case of goods covered by warranty, the Customer must provide Onn Water S.r.l. the following documentation to obtain the authorization and the related RMA code:
\na.<\/strong> invoice issued by OnnWater S.r.l. for the good at stake;
\nb.<\/strong> quantity and serial number of the product(s) at stake;
\nc.<\/strong> reason for the request for intervention.\nOnce the authorization has been obtained from OnnWater S.r.l. (with RMA code), the Customer will ship the products to OnnWater S.r.l.\u2019s headquarters: all returned products must be placed in original or suitable packaging and placed on a pallet in such a way that the product cannot suffer any damage. Any damage resulting from inappropriate packaging will be charged to the Customer.\nThe transport costs of goods returned for repairs under warranty will be borne by the Customer with regards to sending them to\nOnnWater S.r.l.\u2019s headquarters and by OnnWater S.r.l. regarding their return to the Customer.\nIn the case of products not covered by warranty, transport will be entirely borne by the Customer.\nOnce the product has been received, if not covered by warranty, OnnWater S.r.l. will evaluate the eventual existence of discrepancies\nwith respect to what was agreed or malfunctions and will communicate to the Customer the related costs of the intervention. The Customer must give his\/her\/it authorization in writing for OnnWater S.r.l. to proceed with repairs\/replacements not covered by warranty.\nProducts returned without justified reason will be shipped back to the Customer, at his\/her\/it own costs. OnnWater S.r.l. will not\naccepted, under any circumstances, products that have been tampered with, disassembled, regenerated, reassembled or used improperly.
\n12. Causes of exclusion\/limitation of liability<\/strong>
\nOnnWater S.r.l. will not be liable, as well as in all other cases provided for by law, except for gross negligence, for the failure to execute the Contract, and the Customer will not be entitled to request the related resolution and\/or compensation for damages, if deriving from:
\na.<\/strong> causes not reasonably attributable to OnnWater S.r.l.;
\nb.<\/strong> the need to comply with laws, regulations, orders, acts or requests of the Authority;
\nc.<\/strong> actions or omissions of the Customer him\/her\/itself;
\nd.<\/strong> causes of force majeure, such as, but not limited to, fires, floods, bad weather, natural disasters, strikes or similar events, lockouts,\nfactory closures or production stops not attributable to OnnWater S.r.l., embargoes, wars, popular riots, pandemics, delays or deficiencies in transport, inability to obtain delivery of the goods by OnnWater S.r.l. suppliers on time or for other similar causes.\nIn any case, OnnWater S.r.l.\u2019s liability towards a Customer will be limited to the value of the goods sold by OnnWater S.r.l. which caused the damage.
\n13. Confidentiality<\/strong>
\nEach party undertakes not to use and not to reveal, disclose and\/or disseminate directly or indirectly to third parties the objectively\nor subjectively confidential news and\/or information of which it has become aware during and\/or in the fulfillment of the contractual relationship established and \/or existing between them.
\n14. Limitations of use<\/strong>
\nThe products sold by OnnWater S.r.l. must be used only and exclusively for the purposes indicated by the Company itself. These purposes, as a rule, do not include the use of the products in systems for the protection and\/or support of human life, as well as the use in any context where a malfunction of the product sold by OnnWater S.r.l. may cause harm to human life, body or health, or loss of large sums of money.\nIn the event that the Customer were to use or resell the products purchased for one or more of the aforementioned purposes, it does so at his\/her\/it own and exclusive risk with all consequent liability.\nIn case of non-compliance, the Customer must therefore keep OnnWater S.r.l. fully free from all damages (direct and\/or indirect), costs and liabilities that could arise from the use of the products in violation of this clause and\/or of the reservations and use precautions provided in this regard.
\n15. Applicable law and competent court<\/strong>
\nThese \u201cGeneral Conditions of Sale\u201d are subject to Italian law excluding its rules of private international law and excluding the 1980 Vienna Convention on the international sale of movable goods.\nThe competent Judicial Authority for any dispute arising from the interpretation and\/or application of these \u201cGeneral Conditions of\nSale\u201d will be exclusively the Court of Genoa.\nIn any case, it is possible to resort to the mediation procedure referred to in the Legislative Decree 28\/2010 and subsequent amendments, even where not mandatory, for the resolution of any disputes arising in the interpretation and\/or execution of these \u201cGeneral Conditions of Sale\u201d.
\n16. Integrity of the contract and modifications<\/strong>
\nThese \u201cGeneral Conditions of Sale\u201d are made up of all the clauses that compose them. If one or more provisions of these \u201cGeneral\nConditions of Sale\u201d is considered invalid or declared as such by the Judicial Authority, the other provisions will continue to have full force and effect. Any derogating and\/or supplementary agreement with respect to the text of these \u201cGeneral Conditions of Sale\u201d will not be valid unless formulated in writing and expressly approved in writing by OnnWater S.r.l..
\n17. Communications<\/strong>
\nAny direct communication from one party to the other in relation to these \u201cGeneral Conditions of Sale\u201d must be sent in writing (registered letter with acknowledgment of receipt or certified e-mail) to the registered office of the parties, where each of them elects its own domicile.
\n18. Privacy Policy<\/strong>
\nPursuant to and for the purposes of the provisions of the Legislative Decree 196\/2003 and European Regulation 679\/2016 (GDPR), OnnWater S.r.l. guarantees that the Customer\u2019s personal data, subject to processing, will be kept and controlled through the adoption of suitable and preventive security measures, in order to reduce to a minimum, also in relation to the nature of the data and the specific characteristics of the processing, the risks of destruction, loss or disclosure, even accidental, of the data itself, of unauthorized access or of processing that is not permitted or does not comply with the purposes of its collection. OnnWater S.r.l. furthermore, guarantees\nthat it has adopted the minimum-security measures required by the mentioned legislation\n\n \n\n \n\n \t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

1. Scope of application The present \u201cGeneral Conditions of Sale\u201d govern all relationships between OnnWater S.r.l. and the Customer, unless expressly waived by particular conditions confirmed in writing by OnnWater S.r.l. itself as provided for in point 2. 2. Supply requests Supply requests are submitted by the Customers by letter, facsimile or e-mail. Any particular […]<\/p>\n","protected":false},"author":7,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"set","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categoria_pagine":[],"class_list":["post-7761","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/onnwater.com\/en\/wp-json\/wp\/v2\/pages\/7761","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/onnwater.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/onnwater.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/onnwater.com\/en\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/onnwater.com\/en\/wp-json\/wp\/v2\/comments?post=7761"}],"version-history":[{"count":12,"href":"https:\/\/onnwater.com\/en\/wp-json\/wp\/v2\/pages\/7761\/revisions"}],"predecessor-version":[{"id":7781,"href":"https:\/\/onnwater.com\/en\/wp-json\/wp\/v2\/pages\/7761\/revisions\/7781"}],"wp:attachment":[{"href":"https:\/\/onnwater.com\/en\/wp-json\/wp\/v2\/media?parent=7761"}],"wp:term":[{"taxonomy":"categoria_pagine","embeddable":true,"href":"https:\/\/onnwater.com\/en\/wp-json\/wp\/v2\/categoria_pagine?post=7761"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}