GENERAL TERMS AND CONDITIONS OF SALE

  1. General Provisions

These General Terms and Conditions of Sale (hereinafter “GTCs”) govern the sale of products and services offered on the websites [autovago.it, shop.autovago.it and web.trindustrial.it/connet] (hereinafter, jointly, the “Website”) by TR Industrial S.r.l., with registered office in Atessa (CH), Via Catania n. 25, and operational headquarters in Contrada Saletti SNC, Paglieta (CH) – CAP 66020 (Tax Code, registration no. at the Business Register and VAT No.: 02465070692; REA number CH-181074), tel. +39 0872 88441, email: trindustrial@trindustrial.it (hereinafter “Seller” or “Company”).

  • Scope of Application

These GTCs apply exclusively to commercial transactions concluded between the Seller and Buyers qualified as professionals, businesses, or VAT holders (hereinafter "Buyer/s"), who act for purposes related to their entrepreneurial, commercial, craft, or professional activity. The applicability of Legislative Decree 206/2005 (Consumer Code) is expressly excluded.

  • Acceptance

The Buyer, by placing an order through the Website, declares to have read, understood, and fully accepted these GTCs. Acceptance is manifested by checking the appropriate mandatory box during the checkout process.

  1. Products, Prices, and Orders
    • Prices

The prices of the Products published on the Website are understood to be **excluding VAT**, unless otherwise specified. Shipping costs, packaging, and any other charges not included in the Product price will be indicated separately before order confirmation.

  • Order and Conclusion of Contract

The online submission of the order by the Buyer constitutes an irrevocable contractual proposal. The Sale Contract shall be concluded only and exclusively upon the Seller sending a specific order acceptance and confirmation email. The Seller reserves the right not to accept the order, at its sole and unquestionable discretion, in case of product unavailability or previous non-compliance by the Buyer.

  1. Payment Methods and Financial Protection
    • Payments and Terms

The following payment methods are accepted: advance bank transfer and cash on delivery (COD). The Seller reserves the right to require total or partial advance payment for orders of particular magnitude or for new Buyers.

  • Default Interest and Supply Suspension

In case of non-payment or delayed payment compared to the terms agreed upon in the invoice, default interest will be applied pursuant to Legislative Decree 231/2002. Until full regularization of overdue payments, the Seller reserves the right to suspend the fulfillment of any current or future order, without this constituting a breach by the Seller or giving the Buyer the right to compensation.

  • Retention of Title Clause (Art. 1523 c.c.)

The Products subject to this contract remain the exclusive property of the Seller until full and complete payment of the purchase price, including ancillary charges and expenses. The Buyer may not sell, assign, pledge, or subject the goods to any other encumbrance until the price is fully paid. In case of non-payment, the Seller shall have the right to take possession of the Products, with costs borne by the Buyer, without prejudice to compensation for greater damages.

  1. Shipping, Delivery, and Transfer of Risk
    • Transfer of Risk

Unless otherwise agreed in writing between the parties, the delivery of the Products is considered executed upon their handover to the appointed carrier (freight forwarder). The risk of loss, damage, or deterioration of the Products transfers entirely to the Buyer upon delivery to the carrier, pursuant to Art. 1510 c.c.

  • Checks Upon Delivery

The Buyer is required to check the integrity of the packages upon receipt. Any damages or shortages must be immediately reported to the carrier by affixing a specific and detailed reserve on the transport document, otherwise the right of recourse against the Seller for transport damage will be forfeited.

  • Delivery Times (Not Essential)

The delivery times indicated on the Website or in the order confirmation are merely indicative and not essential. The Seller is in no case responsible for delays due to force majeure, extraordinary events, or logistical difficulties. No delay shall give rise to contract termination, nor to compensation for direct or indirect damages chargeable to the Seller.

  1. Warranty and Limitation of Liability
    • Exclusion of the Right of Withdrawal

The Buyer, acting as a Professional, is not entitled to the right of withdrawal (or cooling-off period) provided for by the Consumer Code. Returns and exchanges are only permitted in case of manufacturing defects according to the warranty terms specified below.

  • Warranty for Defects (Civil Code)

The warranty for defects in the Products is regulated by articles 1490 et seq. of the Civil Code.

The Buyer forfeits the right to warranty if they do not report the defects to the Seller in writing (preferably by certified email (PEC) or registered letter with return receipt (A/R)) no later than 8 (eight) days from the discovery of the defect (or from the date of delivery, if the defect is patent).

The action is in any case prescribed within 1 (one) year from the delivery of the Product.

The warranty does not cover damages resulting from improper use, incorrect installations, or unauthorized modifications of the Products.

  • Limitation of Liability

Except in case of willful misconduct or gross negligence of the Seller, any liability for indirect, incidental, or consequential damages is excluded, including, by way of example, loss of profit, loss of goodwill, damage to reputation, or machine downtime costs, arising from the supply of the Products or their defectiveness. The Seller's maximum liability towards the Buyer shall in any case be limited to the price paid by the Buyer for the Products subject to the specific dispute.

  1. Applicable Law and Disputes
    • Applicable Law

The Sale Contract is governed exclusively by Italian Law, excluding any other rules of private international law.

  • Exclusive Jurisdiction

For any dispute arising from or connected to the application, execution, interpretation, and/or validity of these GTCs and the sales contracts, the parties agree that the exclusive territorial jurisdiction belongs to the Court of Chieti.

  1. Processing of Personal Data

The Buyer acknowledges that the processing of personal data provided during the order phase takes place in compliance with EU Regulation 2016/679 (GDPR). The Buyer is required to consult the Privacy Policy published on the Website [https://trindustrial.it/privacy].