1. General Sales Information
1.1. The sale of Our Products is governed by these General Sales Conditions, which prevail and replace any different conditions provided by You or previous versions.
1.2. The submission of an order or approval of a quote implies full acceptance of these Conditions by the Buyer.
1.3. Any general purchase conditions of the Buyer are considered invalid and will not be deemed accepted by Us.
1.4. IGAP SPA reserves the right to make changes to Product specifications, catalogs, and price lists at any time.
1.5. Only items included in the catalog at the time of the order are considered standard. The technical characteristics and images in the catalogs
are purely indicative and not binding, so any differences in the shade of the product received compared to the photographic image will not constitute a defect subject to claims.
2. Contractual Agreement
2.1. Orders, whether verbal or by phone, as well as any modifications, must be confirmed in writing by the Buyer and will only be considered valid and accepted after written confirmation from IGAP SPA. Any changes in IGAP SPA’s order confirmation will be considered accepted by the Buyer if no objections are raised within three days.
2.2. For orders of customized/made-to-measure Products, the Buyer must provide precise and detailed information. IGAP SPA will not be held liable for any errors or omissions arising from incorrect or incomplete instructions provided by the Buyer.
3. Price
3.1. Prices listed in the price lists are recommended for the End User and are VAT exclusive.
3.2. The price applicable to the Buyer will be the one indicated in the order confirmation sent by IGAP SPA.
3.3. IGAP SPA reserves the right to change prices at any time without prior notice.
3.4. Offers prepared by IGAP SPA are valid for 30 days unless otherwise specified in the offer, and if not accepted, they will automatically expire unless otherwise communicated by IGAP SPA.
4. Payment
4.1. Payment must be made within the times and methods specified in the Order Confirmation; all payment-related costs are borne by the Buyer.
4.2. Unless otherwise specified, payment must be made in advance by bank transfer. For customized supplies, a deposit will be required.
4.3. Payment must be made at IGAP SPA’s headquarters, located in CANNETO SULL’OGLIO (MN), Italy.
4.4. Unless otherwise agreed, transportation, shipping, insurance, and customs clearance costs, including customs duties, are borne
by the Buyer.
4.5. In the event of delayed payments, the Buyer will be required to pay late interest as provided by Legislative Decree 231/2002 and Directive 2000/35/EC, in addition to any collection costs.
5. Place of Delivery
5.1. Products will be delivered to IGAP SPA’s warehouse, located at Via Garibaldi 244, CANNETO SULL’OGLIO, Italy.
5.2. INCOTERMS govern the rights and obligations regarding shipping, without changing the place of delivery, which remains IGAP SPA’s warehouse.
6. Delivery Terms
6.1. Delivery dates are indicative and not binding for IGAP SPA. Any delays in delivery will not entitle the Buyer to penalties or compensation, nor to contract termination.
7. Packaging
7.1. IGAP SPA will provide packaging according to customary standards. If special packaging is required, additional costs will be charged to
the Buyer.
7.2. Environmental contributions for packaging other than those required in Italy will be borne by the Buyer in the destination country.
8. Shipping
8.1. Unless otherwise specified, the terms of delivery will be EX WORKS (Incoterms ICC Paris) from IGAP SPA’s premises.
8.2. IGAP SPA will be relieved of any risk upon delivery to the first carrier.
8.3. If the Buyer arranges pickup, they must follow the procedures defined by IGAP SPA.
9. Inspection of Goods
9.1. The Buyer must inspect the Products upon receipt without delay.
9.2. If the Products or packaging are damaged, the Buyer must sign the delivery note with a specific reservation and send a copy to IGAP SPA within 8 days.
9.3. The Buyer must verify the integrity of the Products before transferring them to third parties; claims will not be accepted after such transfer.
10. Warranty
10.1. IGAP SPA commits to replacing, repairing, or refunding defective Products resulting from non-conforming materials or workmanship, after verifying the defect.
10.2. The warranty starts from the date of delivery and does not cover defects reported beyond the legal deadlines.
10.3. The warranty does not apply to Products that have been modified or stored under inappropriate conditions.
10.4. Defects due to normal wear or inadequate transportation are excluded from the warranty.
11. Complaints
11.1. Any complaint must be submitted within 8 days from the receipt of the goods for obvious defects or from discovery for hidden defects.
11.2. Complaints must include detailed documentation along with a copy of the invoice/receipt, including the item’s quality control number.
12. Limitation of Liability
12.1. Except in cases of willful misconduct or gross negligence, IGAP SPA will not be liable for damages or delivery delays.
12.2. In the event of IGAP SPA’s liability, the amount of compensation will be limited to the value of the defective Product.
13. Retention of Title
13.1. IGAP SPA retains ownership of the Products until full payment is made. In the event of non-payment, IGAP SPA will have the right to reclaim the Products.
14. Buyer Default
14.1. If the Buyer fails to fulfil its obligations, IGAP SPA may suspend supplies or request additional guarantees.
15. Confidentiality
15.1. IGAP SPA’s confidential information must not be disclosed to third parties, except as necessary for the execution of these general sales conditions.
16. Intellectual Property
16.1. The Buyer agrees not to disclose or misuse IGAP SPA’s patents, designs, or know-how without authorization.
16.2. The use of IGAP SPA’s trademarks and promotional materials is subject to prior written approval.
16.3. The Buyer agrees not to purchase or market copies of the articles manufactured by IGAP SPA, under penalty of reporting to the competent authorities and the possibility of claiming higher economic and reputational damages.
16.4. The use of IGAP SPA’s trademarks and promotional materials must always be in the Producer’s best interest and must not deceive the public.
17. Online Sales
17.1. The sale of Products on online platforms requires specific authorization from IGAP SPA.
17.2. Sales on unauthorized sites or third-party platforms are prohibited unless otherwise authorized in writing by IGAP SPA.
18. Product Promotion
18.1. The use of IGAP SPA’s trademarks and photos for promotional purposes requires written authorization and approval.
18.2. The Buyer must correctly use the trade names of IGAP SPA’s brands and its articles to avoid any confusion. It is not permitted to modify product or brand names, nor to associate or pair other names. Any other name will not be accepted.
18.3. The Buyer agrees to communicate that the products in question are manufactured by IGAP SPA.
18.4. The Buyer’s customers must also comply with points 17 and 18.
19. Applicable Law and Jurisdiction
19.1. These conditions are governed by Italian law.
19.2. For any dispute, the court of IGAP SPA’s legal headquarters will have jurisdiction.
20. Miscellaneous
20.1. Failure to comply with one or more points of these general sales conditions will entitle IGAP S.p.a. to interrupt the supply of products at any time.