All relationships of supply/sale of products and articles marketed under the Rok brand (hereinafter ‘products’) between Ronda Spa (hereinafter ‘the manufacturer’) and shops, distributors, resellers or all other clients who may purchase them (hereinafter ‘clients’) are bound by these general terms and conditions of sale that the client hereby states that they understand and accept in full and without exception. The acceptance of these terms and conditions, once signed by the client, will be valid and effective for all subsequent deliveries/sales until such time as the client expressly revokes their acceptance.
2) Order and conclusion of the contract
The order, however it is collected (e.g. by an agent) or sent, must be noted on the manufacturer’s forms.
Conclusion of the contract will require written acceptance from the manufacturer, which must also be sent via email or certified email. If the content of the acceptance is different from the order, this must be accepted by the client in the same manner(s) described above.
3) Delivery and transportation
The delivery date stated in the order shall, upon acceptance of the order, always be considered indicative. Failure to comply with said delivery date, or with another as indicated by the manufacturer on the acceptance form, will not carry any contractual liability on the part of the manufacturer, and they may not be asked for any concession, discount or compensation.
Any notice to comply sent by the client after the conclusion of the contract may not provide a period of less than 30 days from the date of delivery provided for in the contract.
All transport costs are borne by the client. The manufacturer is freed from any obligation to deliver as soon as the carrier or client loads the products onto their own vehicle; from that point onwards, the risks of transportation are borne by the client, along with any additional costs that may be incurred.
The manufacturer undertakes to deliver products that conform to CE standards. The technical data relating to the products that is shown in the catalogue or “use and maintenance” handbook is only indicative.
The client is prohibited from selling the products outside of the European Community. Should such a sale be made, all obligations as regards guarantees, indemnity or compensation payable by the manufacturer, as provided for by law, will become void.
Finishes, accessories and stone surfaces may, over time, be subject to variations in colour. The manufacturer does not, in any case, guarantee the uniformity of colours, shades and textures.
5) Acceptance of the product
The client must check the condition of the packaging upon delivery.
Any problems, discrepancies or missing items must be reported in a document signed by the carrier. Should such a document not be provided, no objections may be raised against the manufacturer.
The deadline for reporting defects is 8 days from the delivery date, except in the case of latent defects, for which the laws of the Italian Civil Code shall apply.
6) Ancillary services
The contract obliges the manufacturer to deliver the contracted products in accordance with the contract and with CE standards.
The assembly and installation of the products are the responsibility of the client and/or subsequent purchasers or installers, and the manufacturer is exempt from any and all responsibility.
The manufacturer's warranty is limited to the replacement of defective products or parts thereof.
It is the client’s responsibility to immediately send the latter, at their own expense and if required by the manufacturer, to the manufacturer’s office or premises.
In any case, the manufacturer is not responsible for any damages to items or third parties, nor can they be required to pay or reimburse further expenses (e.g. for disassembly, transportation, assembly etc.).
In any case, the warranty becomes null and void in the following situations:
- if assembly or installation are not carried out by qualified individuals;
- if the client, user or any third party interferes with or modifies the products;
- if the products are used by inexperienced or incompetent individuals;
- if the products are not properly stored, are exposed to the elements or are not subject to regular and ongoing maintenance;
- if the products are used in a manner different from what is stated in the “use and maintenance” handbook or if the instructions and/or conditions contained in said handbook are not followed.
8) Changes to the product and its images
The manufacturer reserves the right to make any structural changes it deems appropriate for the improvement of the product (including appliances installed in products), even after the conclusion of the contract. The colours that appear in the catalogue are solely indicative.
The prices shown in the price lists and/or that are contractually agreed are always, except when otherwise agreed upon expressly in writing, ex factory, exclusive of VAT and of any tax, fee or other charges or expenses.
10) Suspension of supply
The manufacturer is entitled to suspend any and all subsequent deliveries in the case of even a single (even partially) missed payment when the agreed deadlines of a previous delivery are met. 11) SOLVE ET REPETE
The customer may not invoke any exceptions, even in court, in order to delay or avoid payments, except as provided for by article 1462 of the Italian Civil Code.
12) Applicable law
All relations governed by these conditions are and shall be governed by Italian law.
The sole and exclusive jurisdiction for any dispute concerning and resulting from the contracts concluded between the parties, without exception and therefore also for disputes concerning the validity, effectiveness and enforcement of said contracts, is the jurisdiction of Vicenza.
14) Processing of personal data
The customer agrees, pursuant to art. 10 to 11 of Law 675/96, and for all purposes provided for by the same law, that their personal data may processed by the manufacturer, including possible disclosure to third parties, it being understood that said data will be processed in full compliance with the provisions of the law cited and the regulations on the protection of personal data.
Zané, 22nd March 2018