General Sales & Terms Conditions
Updated 17 December 2019
The images of the products are purely for indication purposes and do not necessarily represent their appearance. The technical and dimensional specifications of the product are purely for illustrational purposes and can change at any time without prior notification. In particular, for the EXPO VISUAL line, it is emphasised that the data represented must be considered information without any binding value and, as a result, do not excuse the client from carrying out controls before proceeding with creating the print.
The rolls of adhesive films supplied at the desired length could contain joints. For supplies of rolls that do not contain joints it is necessary to specify it in the notes of the basket when you place the order.
Other than the sales terms indicated for each product, the following terms are also valid:
Art. 1 – Guarantee and liability
SIR VISUAL SRL guarantees the products distributed comply with the technical specifications declared on the packaging, on the technical bulletins and the use or instruction manuals issued by the manufacturers. In the event of non-conformity of the product, the liability of SIR VISUAL SRL is intended in any case limited solely and exclusively to its replacement. SIR VISUAL SRL will not replace the product nor account for any damages that the client endures due to improper storage, use or marketing of products, nor in the event of non-compliance with the instructions provided by SIR VISUAL SRL . In the event of products purchased from the Outlet section in which its notes state the writing 2nd choice or product with possible defects, it is not possible to ask for reimbursement or replacement as these were taken into account in the price.
Art. 2 - Product suitability
The client must ensure the suitability of the product for its intended use, assuming each risk and liability deriving from its use. In the specific case of products requiring assembly and purchases for subsequent assembly by the client, to compose customised solutions, the client is obliged to consult all the documents containing technical information useful for correct assembly of these solutions. For products purchased in the Outlet section with the writing “2nd choice” or “product with defects”, no reimbursement or replacement will be given.
Art. 3 – Information and support
SIR VISUAL SRL is committed, on the client's request, to providing all the useful information for optimal use of the materials to the best of its knowledge.
Art. 4 – Transport
The client is responsible for transport costs and liability. On delivery by the carrier, it is important to inspect the packages and check the outer packaging or the goods are not damaged. In the event of visible damage, clearly write on the way bill the extent and type of damage and make a copy of the note to send with the claims form on the website www.sirvisual.it, within 7 days, attaching photographs of the relevant damage and declaring the material cannot be used. Also in the case of hidden damage, which is not externally visible, notify SIR VISUAL SRL within 7 days of the date the goods were received, using the same method as above. SIR VISUAL SRL cannot replace or reimburse damaged material if "goods unchecked” is not specifically written on the way bill. If transport is managed by SIR VISUAL SRL (carriage paid with charge) the cost is that established in its pricelists or rather as agreed each time with the Sales Manager; the goods are intended delivered free on board and the unloading operations from the lorry under the care and liability of the client. If transport is managed by the client (carriage forward), SIR VISUAL SRL has no faculty to intervene and/or monitor deliveries and cannot assume any liability for transport.
Art. 5 – Delivery terms
SIR VISUAL SRL is committed to complying with the agreed delivery terms. The events that prevent or delay delivery of materials such as, by way of example but not limited to, delayed supply of raw materials, importation restrictions, strikes (also company) and other events that prevent or delay production and/or processing, are conventionally considered force majeure and SIR VISUAL SRL cannot be held liable for delivery delays. In the aforementioned cases, SIR VISUAL SRL may delay delivery for the duration of the causes of the delay.
Art. 6 - Claims
Claims, of any kind, without prejudice to those outlined in the previous Art. 4 – Transport, must be submitted in writing to SIR VISUAL SRL within 3 months of receiving the material, after which time the client's right to claims due to faults and/or poor quality and/or deformity of materials sold expires. The website www.sirvisual.it provides a claims form for submission. Without prejudice to the opportunity for the client to send our company a written claim without using this form, as long as such communication contains all the information and documents required and communication is sent via registered post to our headquarters in compliance with the terms indicated. SIR VISUAL SRL will examine the validity of the dispute by examining the contested goods, sent by the client to SIR VISUAL SRL on request, or by visiting the client, if agreed.
Art.7 – Right of termination or withdrawal
The sale online of SIR VISUAL SRL products is governed by Art. 50 – 68 of the Consumer Code (Leg. Decree 6 September 2005, no. 206 and subsequent amendments) and the EU directive (2011/83/EC). This standard favours the right of the consumer to terminate contracts or contractual proposals, guaranteeing the right to return the purchased product or reimburse the expense sustained. The client has the right to revoke his/her order within 14 (fourteen) days of the date of goods delivery. This right consists of the faculty to return the goods purchased to SIR VISUAL SRL and subsequent reimbursement of the purchase price and the delivery expenses (with the exception of additional costs deriving from a delivery that is not standard delivery). Within 14 (fourteen) days, the client can terminate the contract without providing any explanation. Having received the Accepted Return from Customer Service, the client has 14 (fourteen) days to fully return the goods. Termination must be communicated via registered letter (email, fax or telegram) with receipt notification to:
SIR Visual S.r.l.
Via Brescia, 41 in Castenedolo (BS)
Tel. +39 030 2130290 - Fax +39 030 2733266
The communication should include the declaration to exercise the right to terminate, indicating the order number, invoice number and the client code, the products for which you wish to withdraw purchase (identifying them by item code), as well as the bank details into which the bank transfer must be made (IBAN).
SIR Visual S.r.l. customer service, on receiving communication of termination, will communicate Accepted Return (using the Authorisation Form sent via email, to print, cut and apply to the package) so you can send everything within the next 14 (fourteen) days. Pursuant to law (Law no.185 dated 22/05/1999) returned goods are subject to the following terms:
- the goods purchased should substantially be intact (no damage or tampering)
- the expenses for re-delivery of the goods is paid by the client
Apply the Accepted Return received in a clearly visible position on the packages sent. Deliveries without Accepted Return will not be accepted and will be returned to the sender, at his/her expense. For the benefit of the client, you are reminded to carefully prepare the package using suitable packaging (preferably original packaging) and send it via courier or another suitable means to enable delivery tracking. SIR VISUAL SRL will reimburse the client within 14 days of receipt of communicated termination. Distant sales and therefore the right to terminate are only valid for individual, physical persons. No right of termination is planned for those with VAT numbers.
Right of termination exceptions
The right of termination pursuant to articles 52 to 58 for distant contracts and contracts negotiated outside commercial premises is excluded relating to:
a) service contracts after completion of the service if it began with the agreement expressed by the consumer and with the accepted loss of right of termination following fulfilment of the contract by the professional;
b) the supply of goods or services whose price is linked to financial market fluctuation outside the professional's control and which can occur during the period of termination;
c) the supply of goods packaged to measure or clearly customised (e.g. adhesive film ordered in a different measurement from the original roll)
d) the supply of goods at risk of rapid deterioration or expiry;
e) the supply of sealed goods that cannot be returned for hygiene related reasons or connected to safeguarding health and which were opened after delivery;
f) the supply of good which, after delivery, are by nature inseparable, but mixed with other goods;
g) the supply of alcoholic goods, whose price was agreed on conclusion of the sales contract, whose delivery can only take place after thirty days and whose actual value depends on market fluctuation which is outside the professional’s control;
h) contracts in which the consumer has specifically requested a visit by the professional to fulfil urgent repair or maintenance works. If, during this visit, the professional provides services other than those specifically requested by the consumer or goods other than the spare parts necessary for the maintenance or repairs, the right of termination is applied to those additional services or goods;
i) the supply of sealed audio or video recordings or sealed computer software which were opened after delivery;
j) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of these publications;
k) contracts concluded during a public auction, or acquired in the Outlet section;
l)the supply of accommodation for non-residential purposes, transport of the goods, car hire services, catering services or services relating to free time activities when the contract includes a date or period of specific fulfilment;
m) the supply of digital content using non-material media if fulfilment began with the agreement expressed by the consumer and with his/her acceptance of the fact who in this case looses the right of termination.
Art. 7.1 – Goods returns
Goods returns must be authorised in writing by SIR VISUAL SRL using a specific accepted returns module; the goods must be delivered ex warehouse and travel at the client’s risk and danger. In no case will tampered, damaged or improperly used products be accepted. Goods returned for reasons not attributable to SIR VISUAL SRL will be charged a contribution to expenses of euro 30.00 for paperwork management.
Art. 8 – Payment terms
Dispatch of the order takes place with a payment method chosen during the confirmation phase. Any other payment terms should be agreed in advance with the Sales Manager.
Art. 9 – Unpaid and delayed payments
In the event of delayed payments, the client must pay SIR VISUAL SRL, without threat or notice of default, the interests on arrears pursuant to Leg. Decree 231/2002 on overdue amounts (ECB rate plus 7 percentage points), as well as payment of additional collection fees. On second non-payment, the client’s payment may be subject to review. In the event of non-payments, SIR VISUAL SRL reserves the right to block dispatch of orders in progress.
Art. 10 – Information on privacy
Pursuant to Art. 13 of Leg. Decree 196/2003, SIR VISUAL SRL as the owner of the processing in the person of its legal representative, informs the client that the data supplied to it, or rather the data acquired by the company in compliance with legislation and contractual provisions in force, will form the subject of processing in compliance with the legislation above, in accordance with principles of correctness, legality and transparency and safeguarding confidentiality and rights, according to legislative specifications.
(Purpose) The data will be processed to: fulfil obligations deriving from stipulated contractual relations; fulfil legal, regulatory, standard obligations; fulfil administrative and sales management. (Method) The data are processed using paper, electronic and computerised tools and saved both on computer and paper media and any other type of suitable media, in compliance with the minimum safety measures pursuant to the Technical Specifications on the subject of minimum safety measures, Annex B of Leg. Decree, in question. (Nature of contribution) Data contribution is compulsory for processing relating to legal obligations. Contribution of data is optional in all other cases. It is intended that any refusal by you to provide such data may lead to the non or partial fulfilment of the contract or continuation of relations. Data already processed in our company are exclusively those pursuant to Art. 24 of Leg. Decree 196/2003 and therefore the obligation of your consent is excluded.
(Data communication environment) These data in question can be exposed to our managers or our collaborators and/or our staff. The data can be communicated to third parties (banks, legal studios, insurance companies, professional studios, etc) as part of our fulfilment of financial activities and always in compliance with legal provisions. (Rights of the person concerned) The rights of the person concerned are indicated in Art. 7 of the Leg. Decree 196/2003 fully outlined on the website www.sirvisual.it.
Art. 11 – Competent court
The competent court, for any disputes originating in the contract, or related to it or deriving from it, is the Court of Brescia. The Court of Brescia is also the competent court for any disputes deriving from the interpretation, application, fulfilment or termination of the contract and/or these “General sales terms” or related to it, even in the event of consolidation of actions.
These sales terms are intended as being known and accepted by the client from the moment the purchase order is made and remain valid up to any changes made and communicated through publication on the website www.sirvisual.it.
SIR Visual Srl
Tel. +39 030 2130290