General conditions of Sale

These general terms and conditions are an integral part of our sales. They are applied to the sale of all PALAGINA SRL products.

  1. CONCLUSION OF THE CONTRACT
    The sales contract is understood as concluded upon confirmation of the Order by PALAGINA SRL. The orders are always understood as accepted subject to availability: PALAGINA SRL cannot be held liable for the temporary or permanent unavailability of the Product. If it is impossible to fulfil the Order in its entirety for any reason whatsoever, the Order shall be understood as limited to that part which can be supplied.
  2. PRICE OF THE PRODUCTS AND PAYMENT
    The prices indicated on this pricelist are understood as calculated without the applicable VAT on all the products, unless otherwise indicated.
    All payments must be made to the address of our headquarters in Fucecchio (FI) by and no later than the deadline indicated on the invoice. Bank charges are to the account of the purchaser. No rounding off of the amounts on the invoice are permitted. Any cheques, bills of exchange and/or credit transfers, if accepted by the Seller, will in any case be subject to collection and shall under no circumstance constitute novation of the contractual agreement.
    The parties agree that no objection, exception or action will entitle the Purchaser to suspend payment of the amounts due.
    Delayed payment will give rise to the charging of expenses and interest for arrears, as well as the possibility of suspending the delivery of any additional goods ordered, also relating to another order. The suspending of the delivery of the Products or termination of the sales will not entitle the Purchaser to claim for damages.
  3. RETENTION OF TITLE
    The ownership of the goods shall be held by PALAGINA SRL until full payment of the invoices, and in the event of the goods being delivered prior to payment the Purchaser must ensure adequate and diligent storage of the same. In case of delayed payment for more than 60 days after the date indicated on the invoice, PALAGINA SRL will be entitled to request the return of the delivered goods even in the absence of any specific legal provision and the Purchaser will be obliged to return everything requested.
  4. DELIVERY TIMES AND METHODS
    The delivery terms indicated on the order are to be considered as merely indicative. They are not essential pursuant to art. 1457 of the Civil Code, and in any case they do not include the transportation times. The Purchaser hereby waives the right to request termination, even partial, of the contract, or reimbursement of damages borne in case of delivery after the dated indicated on the Order. The obligation to deliver the goods is considered as fulfilled at the time of handing them over to the carrier.
  5. TRANSPORT AND ASSEMBLY
    The goods travel at the customer’s risk and peril, and as a result no replacements will be made of packages damaged or lost during transport.
    Any action for recourse or compensation due to damage, shortages or anything else, must be exercised towards the carrier.
    For returns in Italy, the goods travel freight collect which is charged in the invoice.
  6. MODIFICATIONS AND TOLERANCE
    PALAGINA SRL is entitled to make technical, aesthetic, finish and functional changes to the products in the catalogue or on the pricelist without prior notice. The photos, features and indications of the Products in the catalogue or on the pricelist are intended as guidelines only.
    Any variations in the colours and finishes of the Products ordered enter within the normal characteristics of the materials used. The lots of the goods may undergo colour variations one to the other.
  7. GARANZIE
    Il Compratore ha l’obbligo di verificare l’integrità del Prodotto e il corretto numero dei colli all’atto della consegna, comunicando al vettore o direttamente al Venditore le eventuali contestazioni. Con la sottoscrizione del documento di consegna o il pagamento del saldo, si ha per riconosciuta la perfetta integrità del Prodotto. Le denunzie per vizi e difetti dei prodotti dovranno essere inoltrati per iscritto a PALAGINA SRL entro 8 giorni dal ricevimento della merce o dalla scoperta del vizio. La garanzia di cui sopra, allorquando sia correttamente esercitata, si intende limitata al solo diritto di ottenere la riparazione o sostituzione di quelle parti dei beni forniti che risultino viziate e/o difettose con esclusione di qualsiasi forma di risarcimento dei danni diretti o indiretti o della possibilità di chiedere la risoluzione del contratto nonché la riduzione del prezzo. PALAGINA SRL procederà alla riparazione o sostituzione della merce a propria discrezione. Nei rapporti con il consumatore finale, è escluso il diritto di regresso del rivenditore ai sensi dell’art. 131 Dls. 6 settembre 2005 n. 206.

7.1 WARRANTIES OF THE SYSTEMS WITH POWERED DRIVE
These terms and conditions only apply to the Products indicated below. For all the other products, the general rules apply as established by the Civil Code (art. 1490 and subsequent) to which full reference must be made.
PRODUCTS AND TERMS
Automatisms 5 YEARS
Systems with 230Vac motors 5 YEARS
Systems with 24Vcc motors 5 YEARS

  1. The warranty covers factory defects of the product for the period indicated above as of the date of delivery of the product.
  2. Repairs or replacements under warranty will only be carried out at the headquarters in Fucecchio (FI).
  3. In case of defects ascertained by PALAGINA SRL during the warranty period, it shall at its own discretion take care of repairing or replacing the products recognised as defective, without any additional charges of any kind and without the possibility of requesting termination of the contract and/or compensation for damages.
  4. The warranty covers the PALAGINA SRL products only and not the project into which they may have been incorporated.
  5. Under no circumstance can PALAGINA SRL be held liable for direct or indirect damage to third parties for causes not ascribable to the same.

INVALIDITY OF THE WARRANTY
The warranty will automatically cease to have effect in case of:
7.1.1 Defects not existing at the time of dispatching the goods.
7.1.2 Defects deriving from incorrect assembly, connections and/or installation by the customer or third parties.
7.1.3 Failure to follow our instructions.
7.1.4 Implementation of unauthorised electrical or mechanical modifications.
7.1.5 Improper use of the products or failure to observe the instructions for use and maintenance of the products.
7.1.6 Damage occurring during transport.
7.1.7 The connection and use of devices not designed for use with the product.
7.1.8 Installation and maintenance by non-specialised personnel.
7.1.9 Changes to the products or spare parts without prior written consent.
Purchase of the products, automatisms and powered systems constitutes implicit acceptance of the warranty terms.

  1. PACKAGING
    The packaging is free of charge in the case of standard packaging. Specialised packaging is carried out at cost. Any costs will be specified upon conclusion of the contract.
  2. RETURNS
    No returns of goods will be accepted unless previously authorised in writing and accompanied by an authorisation number from our headquarters.
  3. ASSEMBLY AND INSTALLATION
    PALAGINA SRL cannot be held liable for any assembly or installation operations of the good supplied to the final consumer carried out by their own dealers.
  4. CANCELLATION OF ORDERS
    The cancellation of orders will not be accepted unless in writing and forwarded within 24 hours after the placing of said orders with PALAGINA SRL.
  5. COMPLAINTS
    No complaints whatsoever will be accepted except in writing within 8 days after receipt of the goods.
  6. INTELLECTUAL PROPERTY RIGHTS
    PALAGINA SRL is the exclusive holder of the intellectual and industrial property rights. The customer undertakes not to perpetrate any action that is incompatible with said property rights. In particular, it is prohibited to reproduce, even partially or in an advertising form, the texts or drawings included on the company’s website and pricelists or in their catalogues without prior written authorisation from the Seller. Any violators will be prosecuted according to the law.
  7. COMPETENT COURT
    All disputes arising in relation to the interpretation, execution or termination of this contract will be put exclusively before the Court of Florence.