General Terms and Conditions of Sale of Apex Global Solutions
Scope and contract documents. Applicable law.
- The CONDITIONS – published, made available and downloadable from the Website – SHALL APPLY TO ALL PURCHASE CONTRACTS CONCLUDED BY CUSTOMERS THROUGH THE WEBSITE AND PLATFORM AND BY EXCHANGE OF EMAILS BETWEEN CUSTOMER AND Apex Global Solutions (“CONTRACT/S”), and shall prevail over any other agreement, even if contained in any general conditions of purchase of the Customer.
- Each Contract is therefore governed (i) by the Conditions and (ii) by the order transmitted through the Website or sent by email (“Order”), if and as confirmed in the Apex Global Solutions’s order confirmation.
- In any case, the Italian law shall be applied, without prejudice to the application in favour of Consumers of any more favourable national law.
Registration. Legal entities.
- Customers intending to purchase the Products must register on the Website and creating an account.
- The natural person commits the legal entity for which it operates on the Platform.
Order and Order confirmation. Conclusion of the Contract.
- The Customer places the Order: (i) by choosing the Products on the Website or by sending the request for an estimate with regards to Products that are temporarily unavailable or that are manufactured to order, (ii) by paying the price (including taxes, but not including customs duties, if any) and the shipping charges related to the shipping method selected amongst those available in the Platform and (iii) by sending the Order following the instructions on the Website or those sent by email from Apex Global Solutions.
- THE CONTRACT SHALL BE DEEMED TO BE ENTERED INTO AT THE MOMENT IN WHICH Apex Global Solutions SENDS THE ORDER CONFIRMATION TO THE CUSTOMER OR – AS REGARDS TO DIGITAL CONTENTS – WHEN THESE ARE AVAILABLE AND DOWNLOADABLE, by clicking on the download-link sent by email.
Shipping and delivery.
- Except as provided below, THE SHIPPING OF THE PRODUCTS AVAILABLE TAKES PLACE WITHIN 2 (TWO) WORKING DAYS FROM PAYMENT, ACCORDING TO THE SHIPPING METHOD SELECTED BY THE CUSTOMER AND WITH THE TIMING INDICATED ON THE WEBSITE.
- In any case, the delivery dates indicated on the Website or given to the Customer by Apex Global Solutions shall be deemed indicative only, especially for orders with delivery outside of Italy. Therefore Apex Global Solutions SHALL HAVE NO LIABILITY IN THE EVENT OF DELAY IN DELIVERY.
- In any case, Apex Global Solutions is not liable for any damage caused by the courier. The Customer is therefore advised to take out appropriate insurance or contact Apex Global Solutions to be informed about the insurance available.
- Autonomously and under his own responsibility, the Customer must inquire on the customs duties applicable to the delivery and on the customs clearance times and formalities of the Products.
- SOME PRODUCTS ARE NOT IMMEDIATELY AVAILABLE OR THEY ARE MANUFACTURED TO ORDER ONLY (“CUSTOMIZED PRODUCTS”), AS DETAILED ON THE PRODUCT PAGE ON THE WEBSITE.
- Orders for Customized Products, Products not available at the time of the Order and Digital Contents are managed by APEX GLOBAL SOLUTIONS BY SENDING THE RELEVANT ORDER TO THE MANUFACTURER (“BACKORDER”): APEX GLOBAL SOLUTIONS INFORMS THE CUSTOMER ABOUT THE ESTIMATED DELIVERY DATE; even in this case, delivery dates are to be considered indicative only, unless otherwise agreed between the Parties.
Order cancellation policy.
- APEX GLOBAL SOLUTIONS is exceptionally available to accept the cancellation of the Order without charges, when requested by the Customer by email (sent to email@example.com), provided that (i) APEX GLOBAL SOLUTIONS has not started the preparation of the Order yet and, in any case, (ii) the Product has not been shipped and, in any case, (iii) it is not a Backorder.
- The cancellation and refund of the price paid shall be made in accordance with the instructions that shall be provided by APEX GLOBAL SOLUTIONS, from time to time.
- C. In any other case, THE REQUEST OF THE CUSTOMER TO CANCEL THE ORDER WILL BE EVALUATED BY APEX GLOBAL SOLUTIONS, WHICH, ON A CASE-BY-CASE BASIS, AT ITS OWN DISCRETION, MAY REFUSE OR ACCEPT SUCH CANCELLATION, ESTABLISHING THE RELEVANT CONDITIONS AND CHARGING TO THE CUSTOMER (i) the contribution for the administrative management of the cancellation and (ii) shipping costs, customs duties, commissions and currency exchange possibly already incurred by Apex Global Solutions in relation to the cancelled Order.
- APEX GLOBAL SOLUTIONS warrants that the Products are free from any fault and/or manufacturing defects for the period of 3 (three) months from the date of delivery for the reconditioned Products and of 12 (twelve) months from the date of delivery for the new Products, provided that such warranty is compatible with the warranty offered by the manufacturer (“Warranty”).
- The Warranty does not cover the defects caused in whole or in part by the transport, by misuse or improper assembly or inadequate preservation or maintenance of the Products and degradation/wear and tear caused by the use.
- At the time of delivery, the Customer is required to verify the conformity of the Product to the Order.
- APEX GLOBAL SOLUTIONS UNDERTAKES TO REPLACE PRODUCTS WHICH ARE NOT INTACT OR NOT IN CONFORMITY AND TO REPAIR OR REPLACE PRODUCTS ASCERTAINED AS DEFECTIVE AND COVERED BY THE WARRANTY.
- Returns shall not be accepted unless previously authorized in writing by APEX GLOBAL SOLUTIONS that shall send the relevant RMA code (Return Material Authorization); upon receipt, APEX GLOBAL SOLUTIONS examines returns in order to verify whether the Product is the one originally shipped, whether the alleged defect exists and whether it is attributable to its own responsibility and covered by the Warranty and, only if there conditions are met, APEX GLOBAL SOLUTIONS shall replace the defective Products.
- The Warranty is the sole warranty provided by APEX GLOBAL SOLUTIONS and supersedes any other warranty, whether express or implied, written or oral, except as provided below for the Consumer.
- The claim relating to faults, defects and/or lack of conformity of the Products must be sent to APEX GLOBAL SOLUTIONS in writing, failing which the Customer shall lose all rights to bring any claim in relation thereto, (i) within 5 (five) days from the delivery date in the event of non-compliance in the Product or patent defects and (ii) within 8 (eight) days from the discovery thereof in the case of hidden defects.
- Exceptionally, on a case-by-case basis and at its own discretion, APEX GLOBAL SOLUTIONS may allow the Customer the possibility to return the Product outside of the cases covered by the Warranty, within 15 (fifteen) days from the delivery date, by filling in and sending the form (“Return”).
- The Return is excluded for Digital Contents and for Customized Products and is always subject to the authorization of APEX GLOBAL SOLUTIONS that, in case of acceptance, will send instructions and the relevant RMA code.
- The Product must be returned within 15 (fifteen) days from the authorization of APEX GLOBAL SOLUTIONS intact and complete with original manufacturer’s box, packaging, instructions and maintenance manuals, cables and other accessories originally supplied by APEX GLOBAL SOLUTIONS.
- The Customer bears all charges/expenses that shall be quantified by APEX GLOBAL SOLUTIONS also upon receipt and inspection of the Product returned, such as, by way of example, charges/fees for (i) administrative management of the return, (ii) restocking, (iii) technical inspection and testing if necessary to make the Product resalable/reusable, (iv) depreciation of the Product (in particular, when the Product has been unsealed) if it can be resold as reconditioned only; <i>(v)</i> shipping costs, <i>(vi)</i> customs duties, <i>(vii)</i> commissions, (viii) currency exchange. APEX GLOBAL SOLUTIONS will make the refund within the time limits that shall be communicated to the Customer, from time to time, and that, in any case, shall not exceed 30 (thirty) days.
Consumer, warranty and right of withdrawal.
- If the Customer is a Consumer, having purchased the Products for purposes which are outside his business or professional activity, APEX GLOBAL SOLUTIONS grants the warranty provided for by in the Italian Legislative Decree 206/2005 (“Italian Consumer Code”, articles 128 and following) for faults and/or defects of the Products for the period of two years from delivery date, provided that such warranty is compatible with the nature of the Products and that this can be considered a consumer good.
- The Consumer who wishes to claim the defects/faults of the Products must promptly notify his claim to APEX GLOBAL SOLUTIONS that, once the existence of the alleged faults/defects has been verified, send to the Consumer return and replacement instructions without costs or instructions for any other available remedy.
- The Consumer may exercise the right of withdrawal on the purchase of the Products, provided for in Articles 52 and following of the Italian Consumer Code (“Withdrawal”), within 14 (fourteen) days from the delivery date, by sending a communication to APEX GLOBAL SOLUTIONS and following the instructions published on the Website.
- THE CONSUMER WHO EXERCISES THE WITHDRAWAL: (i) RETURNS THE PRODUCTS AT HIS OWN EXPENSE TO APEX GLOBAL SOLUTIONS WITHIN 14 (FOURTEEN) DAYS FROM THE COMMUNICATION OF THE WITHDRAWAL, ACCORDING TO APEX GLOBAL SOLUTIONS INSTRUCTIONS; (ii) BEARS THE FULL COST OF RETURNING THE PRODUCTS SUBJECT TO WITHDRAWAL AND (iii) RETURNS THE PRODUCTS INTACT AND SEALED IN THE ORIGINAL MANUFACTURER’S BOX, PACKAGING, INSTRUCTIONS AND MAINTENANCE MANUALS, CABLES AND OTHER ACCESSORIES ORIGINALLY SUPPLIED BY APEX GLOBAL SOLUTIONS.
- After the verification that all the above conditions are met, within 14 (fourteen) days from receipt of the goods, APEX GLOBAL SOLUTIONS will refund the price paid for the purchase of the Products subject to Withdrawal and returned, by the same mean of payment the Consumer has chosen for the purchase.
- The refund does not include the costs of delivery and returning of the Products, which remain the responsibility of the Consumer.
- WITHDRAWAL IS IN ANY CASE EXCLUDED FOR DIGITAL CONTENTS AND CUSTOMIZED PRODUCTS, PURSUANT TO LETTERS O) AND C) OF ARTICLE 59 OF THE ITALIAN CONSUMER CODE.
ODR platform. Complaint submission.
Any dispute between the Consumer and APEX GLOBAL SOLUTIONS can be resolved out of court through the new ODR platform, provided by the Regulation (EU) n. 524/2013. The Consumer may submit a complaint by filling in the electronic form available in the official languages of the European union, via the ODR platform available on the website https://webgate.ec.europa.eu/odr/main/?event=main.home.show. In any case, any disputes between the Consumer and APEX GLOBAL SOLUTIONS will be subject to the jurisdiction of the Consumer’s place of residence or domicile.
Court of the non-consumer Customer.
All disputes arising out of Contract between the Customer and APEX GLOBAL SOLUTIONS shall be settled by the Court of Napoli Nord in Aversa, Italy.
APEX GLOBAL SOLUTIONS undertakes, in any case, to seek an amicable settlement of the dispute and invites the Customers, before making use of the judicial and out-of-court instruments provided hereinabove, to send an email to the following email address: firstname.lastname@example.org.
These Conditions as well as any and all contracts of sale to which APEX GLOBAL SOLUTIONS is a party are exclusively governed by the Italian law.