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Conditions of Use



1. ACCEPTANCE OF TERMS
1.1 These general conditions of sale govern all relationships between the customer and NetGallery unless expressly waived in special conditions agreed in writing.
1.2 These general conditions, as well as any special conditions, are accepted by the customer even if they differ from general or particular customer's purchase. The latter effort NetGallery accepted only if expressly agreed in writing.
1.3 Any person acting on behalf of the customer will be and will work against NetGallery.

2. PRICES
2.1 Unless other contractual provisions, bids, offers and price lists are published NetGallery, however they may be modified by NetGallery without notice.
2.2 The orders, even if confirmed, shall be deemed accepted subject to any rise in prices charged by suppliers or arising from circumstances beyond the control of NetGallery, in this case he is entitled to raise selling prices to the customer in proportion to the increase that it undergoes.
2.3 In the event of a price increase of more than 10% between the date of order confirmation and the actual delivery, the customer will be informed and may terminate the contract, which shall be communicated in writing within 5 days.
2.4 The prices charged are ex warehouse costs, packaging, marking fees, VAT and taxes and all shipping charges and any additional services (Fulfillment, min.order fee, configuration) are charged to the customer.

3. BROKERS AND AGENTS
3.1 Brokers and agents do not have the power to bind NetGallery. Their offers are subject to the approval of NetGallery, it retains the right not to comply with an order until it has confirmed the date, or initiate its execution pursuant to art. 4.1.

4. CONCLUSION OF THE AGREEMENT, TRANSPORTATION AND PRODUCT RECALL
4.1 The contract ends with the confirmation by NetGallery order issued by the client or the beginning of execution. In both cases, the products are considered received and accepted at the stores of NetGallery by the customer, who then becomes responsible, subject to the reserve property under Article. 12.
4.2 In the event that the sale follows the transport of products in a different place, the products are at risk of the recipient, even in case of sale or delivery made "free port". All exceptions or reservations about the status of the goods carried must be made to the carrier by registered mail to be sent within 48 hours of receipt of merchandise.
 
5. TERMS OF DELIVERY AND METHOD 'ESCAPE TO ORDER
5.1 The delivery times are indicative and not essential.
5.2 Each order or delivery will be considered autonomous and independent of any other order or delivery.
5.3 NetGallery reserves the right to process your order through partial deliveries. If the customer wishes to reject any partial delivery of goods, must declare in advance in writing.
5.4 NetGallery reserves the right not to accept a customer order request containing the complete avoidance and unique merchandise. In this case, the acceptance of the order by NetGallery will be considered binding only if made in writing.
5.5 In the event that the goods ordered becomes impossible or more costly in every way from causes not dependent on his will, NetGallery can solve, by means of a written communication to the customer, the contract concluded by written confirmation from part of NetGallery.
5.6 Unless otherwise expressly agreed in writing, order fulfillment by NetGallery beyond the terms stated delivery will not entitle the customer to rescind the contract, except in case of a delay that does materialize into a serious breach of contract .
5.7 If the customer wishes to terminate the contract because of a delay in delivery, shall invite in writing NetGallery to process your order, or part of the order is not processed within a reasonable period of not less than 15 days. The contract will be terminated if NetGallery has failed to delivery within the time allotted.
5.8 Unless the Customer has not previously disclosed, in accordance with Art. 5.3, which will accept only a complete fulfillment of the order, in any case, the customer can refuse or delay payment of the goods given to him under an order even only partially executed.
5.9 NetGallery is not obligated to accept returns of products supplied. Except with the prior written consent of NetGallery, no return will be accepted if it is intact, in their original packaging, intact, and no abrasives or labels other than originally intended. A return number (RMA) obtained at the Customer will be valid for 15 days from the date of issue and must be clearly mentioned on the packaging when returned. After that period the return number (RMA) will automatically cease to have effect and the return will not be accepted. Shipping costs are always charged to the customer. NetGallery reserves the sole right to reject all or part of the products made in the following cases: Packaging missing or tampered with, incomplete delivery of the goods, merchandise that shows deviation from its original state.

6. MANUFACTURER'S WARRANTY AND / OWNER OF THE PRODUCT
6.1 The parties acknowledge that NetGallery is only a dealer of products manufactured by third parties, so the warranty information for proper functioning of the products delivered by NetGallery is limited to that granted by the manufacturer and / or holder of the product.
6.2 If, and only to the extent that, this is provided by the manufacturer's warranty and / or owner of the software product marketed by NetGallery, if found defective in material NetGallery product will replace the defective parts. The validity of this guarantee, however, strictly dependent on the exact use of the delivered product as specified in the catalogs, warnings and instruction booklets available to you.
6.3 The complaints related to products delivered to the customer NetGallery must be received by fax, e-mail or registered mail to Customer Service within 8 days of receipt of the merchandise, attaching the copy of bill, invoice or accompanying document, setting out clearly the grounds of the complaint. After this deadline, the claim may not be accepted.
6.3 In no event NetGallery ensures that the products will be tailored to specific needs of user.
6.4 NetGallery liable for damage to persons or property other than goods covered by the contract only if such damage has resulted from its negligence or gross negligence or exceeds the value of Euro 500.00. In no event NetGallery is required to indemnify the user or third party for the consequences arising from the use of the product, for any direct or indirect injury to persons, damage to property other than the material loss of benefits or profits, damages caused or alleged to be caused by deterioration or loss of data recorded by the user.

7. CLAIMS RELATING TO BILLS
7.1 Any complaints relating to invoices issued by NetGallery must be made aware of NetGallery by registered letter within 10 days of receipt of invoice. Failing that, the bills are accepted without reservation.
7.2 No claim may, in any case, justify the delay or non-payment.

8. LIMITATION OF LIABILITY '
8.1 If NetGallery found liable for the total or partial discharge of its obligations under the contract, the total compensation due to the customer shall in no case exceed 10% of the price of the commodity that has caused the damage.

9. DEPOSIT
9.1 Advances paid by the customer are to be considered as an advance and does not constitute a deposit. Nevertheless, in case of breach of contract by the customer, NetGallery will be entitled to withhold payments on account, subject to greater damage.

10. RIGHTS IN THE SOFTWARE
10.1 The rights to the software marketed by NetGallery remain the property of the manufacturers and / or holders of rights to the software, which give you only a license. All rights are reserved and the software is strictly forbidden for the customer to sell to third parties, sublicense, pledge or otherwise dispose, for a consideration or free of charge, the rights to the software.
10.2 The Customer shall not remove or alter the rights notices contained on the media program and user manual, not to modify in any way products and make them only legitimate uses and / or permitted.
10.3 The customer also agrees, with due diligence to preserve products strictly enforcing all directions of the manufacturer or dealer, in particular, the customer can not counterfeit computer products, or permit or encourage in any way their counterfeiting .
10.4 The Customer NetGallery intermediaries between end users and software must include in their conditions of sale set out in section 10.1, paragraph or text that has the same meaning.

11. PROPERTY RIGHTS '
11.1 The products remain the full property of NetGallery until full payment of the price, expenses, taxes and fees.
11.2 The Customer agrees to immediately notify NetGallery, under penalty of compensation for any damages, of any attachment or seizure by a third party of products that the customer has purchased from NetGallery and have not yet been fully paid.
11.3 In the case be submitted to the competition procedure, the customer agrees to allow NetGallery to recover possession of its products without advance notice, the expenses related to withdrawal of products will be charged to the customer.
11.4 In the event of non-payment, in whole or in part, at maturity, NetGallery may, without a prior court order, take possession of these products and their accessories, customer agrees to consent without opposing exceptions.

12. CONDITIONS OF PAYMENT
12.1 The mode of payment are those stated in the invoice (or in the accompanying document) sent to the customer.

13. MISSING PAYMENTS
13.1 The non-payment at maturity of the invoice or debit note, any request for postponement of payment or any other event that results in the failure of the customer, due to the loss of the terms agreed for payment of products, making each credit toward NetGallery Customer immediately due and in this case, moreover, NetGallery has the right to suspend delivery of products not yet delivered.
13.2 The non-payment at maturity of even a single bill also gives power to NetGallery to diminish the value of the credit line offered to the customer.
13.3 Moreover, in case of non-payment or delay in payment by the customer is entitled to immediately terminate NetGallery any existing contract, without any compensation to you or other formalities that the mere notification by registered letter or fax.
13.4 Any order or delivery is considered to be autonomous and independent of any other order or delivery, any dispute between the Customer and NetGallery can not, under any circumstances, result in suspension of payment of invoices or other of the non-controversial bill.
13.5 The provision of a partial order does not entitle the customer to refuse payment of the goods.
13.6 Except as provided by art. 5.3, is entitled to issue invoices NetGallery second partial deliveries.
13.7 Even if the customer requests to make NetGallery ancillary to the sale, such as the installation and / or installation of products, payment of invoices related to the price of products can not in any case depend on the completion of installation services or installation of equipment.
13.8 Unless expressly written agreement to the contrary, failure to pay all or part of the due date involves the application of interest at prime rate plus 2 points, plus bank charges, subject to greater damage.

14. SOLIDARITY '
14.1 If the customer requests that the invoice or debit note is issued in the name of the third, both the customer and the third are jointly responsible for paying the bill and the failure of any transactions resulting from the general and special conditions of contract.

15. JURISDICTION AND APPLICABLE LAW
15.1 Any dispute shall be referred exclusively to the Court of Pordenone.
15.2 The contract between the customer and NetGallery, and so everything as expressly provided in these general conditions of sale, shall be governed by Italian law.
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POR FESR 2007-2013 Regione Friuli Venezia Giulia