1. Basis of Contracts.

(a) The terms and conditions set out below (the “General Terms and Conditions of Sale”) shall apply to all the agreements executed between the Seller (ORIC ITALIANA S.r.l.) and the Buyer for the supply of the Seller’s products (the “Products”).

(b) The General Terms and Conditions of Sale shall apply to all transactions executed between the Seller and the Buyer without the need to express reference or agreement at the conclusion of such transaction. Any dissenting terms and conditions shall only apply if confirmed in writing by the Seller.

(c) The Seller reserves the right to change, integrate or vary the General Terms and Conditions of Sale, by including such variations in the quotations or in any other written correspondence sent to the Buyer.

 

2. Offers and Orders.

(a) The Seller’s offers shall not be binding, in particular with reference to quantities, price and delivery time.

(b) Orders placed by the Buyer shall not be regarded as accepted before these have been confirmed by the Seller in writing. If the Seller should fail to confirm an agreement in writing which it has entered into verbally, the Seller’s invoice or the execution of the order by the Seller shall be regarded as confirmation.

(c) Orders and/or amendments of orders placed verbally or by telephone, must be confirmed in writing by the Buyer in twenty-four [24] hours. Otherwise the Seller does not accept any responsibility for errors and/or consequent misunderstandings.

 

3. Prices and Terms of Payment.

(a) The prices of the Products shall exclude any statutory VAT which shall be payable at the date of delivery or pursuant specific provisions included in the invoice.

(b) Taxes, duties, tests, shipping and packaging, insurance, after sales service are not included in the prices unless separately quoted.

(c) In addition to other remedies permitted under the applicable law and these General Terms and Conditions of Sale, the Seller reserves the right to recover default interest on delayed payments starting from the due date, calculated at the official reference rate of the European Central Bank increased by seven [7] basis points.

(d) If the Buyer fails to make payments conducted in the time and manner specified by the Seller or if the Buyer’s business shall be operated beyond the ordinary course of business which shall include, without limitation, when seizure or protest has been made, or if payments shall be delayed or insolvency proceedings have been petitioned or opened, the Seller shall have the right to suspend or cancel, at its sole discretion, further delivery and to declare all its claims arising from the business relationship as immediately payable. Moreover the Seller may in such event request for anticipation on the payments or a warranty deposit. (e) The Buyer shall have no right to make any compensation, retention or reduction unless the counterclaims have been conclusively determined by the court.

 

4. Terms of Delivery.

(a) Unless otherwise expressly agreed in writing any indicated time of delivery shall be not binding for the Seller. Unless different agreement between the parties, the approximate term for the delivery is the one specified in the confirmation of order.

(b) The Seller reserves the right to reasonably delivery in instilments.

(c) Any liability to supply as a result of force majeure event or other unforeseen incident outside the Seller’s responsibility including, without limitation, strike, lock out, acts of public authorities, subsequent cease of export or import opportunities shall, for their duration and in accordance with their impact, relieve the Seller from the obligation to comply with any agreed time for delivery.

(d) The Seller is not obliged to accept the Products returns, unless otherwise agreed in writing. Any costs arising thereof shall be at the expense of the Buyer.

 

5. Duty to Inspection and Acceptance of Products.

(a) Upon taking possession of the Products, the Buyer shall immediately:

(i) check quantities and packaging of the Products and record any objections on the delivery note;

(ii) conduct a conformity check on the Products compared to the data indicated in the confirmation of order and record any objections on the delivery note. 

(b) In case of a notice of defect the Buyer shall comply with the following procedures and deadline:

(i) the notification shall be made by no later than eight [8] working days from the taking possession of the Products by the Buyer;

(ii) the detailed notice above mentioned shall be delivered in written form to the Seller within the deadlines. Any notice by telephone conversation shall not be accepted;

(iii) the notice must clearly specify the kind and amount of the alleged defect; (iv) the Buyer agrees to make the objected Products available for inspection; such inspection shall be done by the Seller or by any expert designated by the Seller.

(c) No objections with regard to the quantities, quality, type, and packaging of the Products shall be possible unless a note has been placed on the delivery note in accordance with the above mentioned procedure.

(d) Any Product to which objection shall not have been raised in accordance with the procedures and deadlines set out above shall be regarded as approved and accepted by the Buyer.

 

6. Terms of Warranty.

(a) The Seller hereby represents and warrants that the Products shall be free from defect and shall comply with the technical specifications forwarded by the Seller.

(b) The warranty shall be valid only on the products used in suitable environment and for suitable applications in appliance with technical specifications forwarded by the Seller; every improper use of the products is forbidden.

(c) The warranty shall not be valid if the defect or not conformity will prove to be depending on not correct on not suitable applications of the product. Any change or replacement of product parts, which has not been authorized by the Seller releases the manufacturer from any civil or penal liabilities, and makes the warranty invalid. The warranty does not cover the normal products parts subject to consumption.

 

7. Limitation of Liability.

(a) Unless in case of justified objection which shall have been raised in accordance with the procedure and deadlines set forth in paragraph 5 above, the Buyer shall not be entitled to any further rights or remedies. In particular, the Seller shall not be responsible for any compensation based on breach of contract or default, for any direct or indirect damage or loss of profit due to the use, the inability to use, or the incorporation of the Products in other products, unless under warranties granted in paragraph 6 or in cases of willful misconduct or gross negligence on the Seller’s part.

(b) The Seller shall do its best endeavor to deliver the Products within the time agreed (if any), but it shall not be liable for any loss or damage of any kind whatsoever caused directly or indirectly by any delay in the completion of the contract or delivery of the Products.

(c) Once the carrier has collected the Products, the Seller shall not be responsible for any loss or damage during the transport.

(d) Catalogues, price lists or other advertising matters of the seller are only an indication of the type of Products and no prices or other information contained herein shall be binding for the Seller. The Seller does not accept any responsibility for errors or omissions contained in its price lists or promotional matters.

 

8. Controversy right.

(a) If the Buyer intends to notify mis-correspondence or inappropriateness of one of the items delivered from the Seller, it is obliged to give written notice as specified in the paragraph ”Duty to Inspection and Acceptance of Products.”; otherwise this element is to be considered accepted in its entirety.

(b) For each order already confirmed by the Seller and cancelled by the Buyer, the Seller charges 20% of total amount, VAT excluded. However, if the material has been already produced, cancellation of the order shall not be accepted under any circumstances.

 

9. Retention of Title.

(a) The Product supplied shall remain in the property of the Seller until the date of the full payment by the Buyer of the entire price of the Products and of all amounts due to the Seller. Until that time the Buyer shall hold the Products as the Seller’s fiduciary agent and shall keep the Product properly stored, protected and insured.

(b) The molds and equipment used for the manufacture of the Products required by the Buyer shall be and remain the property of the Seller. The recognition of a reimbursement requested by the Seller to the Buyer does not provide the right to ask for the property.

 

10. Intellectual Property.

a) The Buyer expressly recognizes that trademarks, commercial names or other distinctive marks on the goods are in the exclusive property of ORIC ITALIANA S.r.l. and will not be altered, changed, removed or cancelled in any manner. The Client has the limited right to use trademarks, commercial names or other distinctive marks, as well as other industrial exclusive right or Know how (productive or commercial) associated with the goods - which nonetheless remain in the exclusive property of ORIC ITALIANA S.r.l. to the limited purpose of the resale of the goods to the final consumer.

(b) Any other utilization of ORIC ITALIANA S.r.l. Intellectual Property by the Client, if not expressly granted by ORIC ITALIANA S.r.l. in writing, will be considered an infringement of the exclusive rights of ORIC ITALIANA S.r.l., and a breach of contract, and will be therefore prosecuted.

(c) The documents, drawings, data and information (both in written papers and on electronic support) be delivered to the Client, remain exclusive property of ORIC ITALIANA S.r.l. and constitute a support for a better representation of the product and are significant of the general performances of the product itself. The Client engages itself not to reproduce them, neither to disclose them to a third party, and he engages himself to undertake the proper precaution towards staff in order to grant the above protection.

 

11. Data Protection Law.

(a) The personal data of the Buyer shall be processed in accordance with the Italian data protection law (Legislative Decree 196/2003). The Seller inform the Buyer that the Seller is the data controller and that the Buyer’s personal data shall be collected and processed for the only purpose of the performance of this agreement. Pursuant article 7 of the Italian Legislative Decree 196/2003, the Buyer has the right to ask to the Seller the updating, amendment, integration, writing off and transformation in anonymous form of its data.

 

12. Applicable Law.

(a) In case of the Buyer is a subject having Italian nationality, the present General Terms and Conditions of Sale and all the agreements executed between the Seller and the Buyer shall be governed by Italian laws.

(b) On the contrary, in case of the Buyer is a subject having a nationality different from the Italian one, the present General Terms and Conditions of Sale and all the agreements executed between the Seller and the Buyer shall be governed by the United Nations Convention of Vienna of 1980 on Contracts for the International Sale of Goods.

 

13. Jurisdiction.

(a) Any dispute arising between the parties in connection with the interpretation, validity or performance of the present General Terms and Conditions of Sale and of all the relevant agreements, shall be of the exclusive competence of the referred to the Court of Piacenza.

b) It is agreed between parties that the Seller, at its own discretion, may have the faculty to waive the exclusive jurisdiction set forth in paragraph (a) to bring an action against the Buyer in its domicile and before any court of competent jurisdiction.

 

14. Final Provisions.

(a) The total or partial invalidity of any provision of the present General Terms and Conditions of Sale shall not affect the validity of the other provisions.

(b) The present General Terms and Conditions of Sale have been drafted in both Italian and English languages. In case of problems of interpretation the Italian version shall prevail.

(c) Pursuant articles 1341 e 1342 of the Italian Civil Code the Buyer hereby specifically accepts the following provisions: Art. 1 (b) – Applicability of the General Terms and Conditions of Sale to all the transactions; Art. 3 (d) – Non payment in the terms and opening of insolvency proceedings; Art. 3 (e) – No right to make compensations, retentions or reductions; Art. 4 – Terms of delivery; Art. 5 – Duty to inspection and acceptance of products; Art. 7 – Limitation of liability; Art. 8– Retention of title; Art. 10 – Applicable Law; Art. 11 – Jurisdiction.

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PRIVACY

 

 

 

This statement discloses the privacy practices for the Official Site of Oric Italiana S.r.l. 

Oric Italiana S.r.l. intends to give you as much control as possible over your personal information. In general, you can view this site without telling us who you are or revealing any information about yourself. There are times, however, when we may need information from you, such as your name and address. It is our intent to let you know before we collect personal information from you on the Internet. 

If you choose to give us personal information via the Internet that we may need -- to correspond with you, process an order or provide you with a subscription, for example -- it is our intent to let you know how we will use such information. If you tell us that you do not wish to have this information used as a basis for further contact with you, we will respect your wishes. If you tell us that you do not wish to have this information distributed to others, or if you tell us that you do not wish to receive additional information from us or our partners, we will respect your wishes. 

We do keep track of the domains from which users visit us. We analyze this data for trends and statistics, and then we discard it. 

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The Official Site of Oric Italiana S.r.l. contains links to other Web Sites. Oric Italiana S.r.l. is not responsible for the privacy practices or the content of such Web Sites. 

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What does the law state with regard to cookies?

 

The law states that websites must obtain the user’s authorisation before depositing cookies, and must tell the user what the cookies are used for and how they can refuse their use. In practice, a message should appear when you connect to the site for the first time to tell you how you can accept or refuse the use of cookies.

 

1. What cookies and trackers are used by the website: www.oric.it ?

 

Some of the cookies used by the website www.oric.it are required in order for the website to function properly. They enable you to use the main functions of the website www.oric.it and make browsing the site easier.

 

Other cookies used by the website www.oric.it are either cookies used for statistical analysis (collecting information about how the user browses the site), which enable us to improve your user experience and adapt the site’s services to your preferences, or they are advertising cookies, whose aim is to personalise and/or improve the site’s content and browsing, namely by offering services that might be of interest to you on other websites.  

 

2. Login buttons for social networks

 

The website www.oric.it incorporates the following modules (login buttons), which enable users to sign into their Facebook, Twitter, Google+, Instagram, YouTube or Pinterest accounts:

 

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These login buttons are simply links and not “social plugins”. If you do not use the buttons, no information will be transmitted to the selected social networks and no cookies will be sent to your hard drive by the selected social networks.

 

If you click on one of these login buttons, a new window will open to enable you to sign into the chosen social network. In most cases, the selected social network will deposit a cookie onto your hard drive. This cookie enables us to manage and save the visitor’s login once they have signed into Facebook, Twitter, Google+, Instagram, YouTube or Pinterest.

 

3. How to deactivate/block cookies and tracking tools used by the website www.oric.it

 

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In order to destroy the cookies already stored on your computer:

 

Go to My computer

 

Open the Windows file in C:\

 

Open Temporary Internet Files

 

Select all files (CTRL A)

 

Click on Delete

 

 To refuse or receive an alert about the installation of cookies:

 

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Select Tools, Internet Options, Privacy.

 

Contact Us

ORIC ITALIANA S.R.L.
Via dell'Industria, 4 (Industrial Area)
29015 Castel San Giovanni (PC) Italy
VAT   IT01164230334

Email: info@oric.it
tel.  +39 0523 882498
fax. +39 0523 882111

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