General terms and conditions of sale

GENERAL TERMS AND CONDITIONS OF SALE

1. CONCLUSION OF THE CONTRACT

The order herein shall be deemed to be accepted by Phonocar S.p.A. unless it is declined thereby within 15 days from its receipt. Conversely, the buyer cannot withdraw, the contract having been concluded and perfected thereby upon the signing of this order.

2. FULFILMENT – FORCE MAJEURE

The contract shall be fulfilled by Phonocar S.p.A. unless prevented by force majeure beyond its control (e.g. strikes, fires, building collapses, etc.). If the impediment is of a temporary nature, Phonocar S.p.A. retains the right to proceed with the execution if the delivery can be made within 90 days of the agreed term. In such cases, no right, action or indemnity shall accrue to the buyer.

3. DELIVERY

A tolerance of 48 hours is granted to Phonocar S.p.A. on the agreed delivery terms. For all legal purposes, including those of Art. 1378 of the Italian Civil Code, “delivery” shall be understood to mean the handover of the goods at the point of departure or at the forwarding agent’s address. If transport is effected by means of the seller’s vehicles, all effects resulting from the delivery shall occur with the departure of the vehicles from the factory.
In the case of products that are not available and therefore out of stock at the time of the order, they will be placed on backorder.
When the products are once again available, they will be dispatched if the order balance is greater than €50.00 + VAT.

4. SHIPPING

Goods are returned free at destination for amounts exceeding €600. They always travel at the buyer’s risk. They shall only be insured at the express written request of the buyer, who shall bear all costs, releasing Phonocar S.p.A. from any liability.

5. PRICE

All duties and taxes related to the delivery, including stamp duties for the issuance or renewal of drafts, receipts and other payment documents, shall be borne by the buyer. If the order relates to deliveries to be made after 30 days, the price shall be established based on the price list in force on the date of delivery. Phonocar S.p.A. reserves the right to change the agreed prices in the event of significant variations in exchange rates, cost of raw materials or other causes beyond its control.

6. WARRANTY

The goods sold by Phonocar S.p.A. are covered by a warranty for 16 months from manufacture for speakers and accessories and for 36 months from manufacture for amplifiers, during which time it will provide exclusively for the free replacement of parts deemed defective in production at its sole discretion (as far as the warranty relating to the mobile phone accessory line is concerned, the conditions specified in the relevant sales catalogue shall apply).
The warranty shall be deemed void in the following cases:
• Poor storage of the goods.
• Abnormal use of the product.
• Tampering or repairs by the buyer or a third party.
• Issues or arrears on the agreed time and manner of payment for the supply.
The shipment of any defective parts to us shall be carriage paid.

7. DEFECTS AND RETURNS

Any defects, faults and differences in the quality of the goods must be reported within 7 days of receipt thereof, under penalty of forfeiture of the buyer’s right to make a claim and/or take action. Returned goods must be returned carriage paid and only after prior authorisation by Phonocar S.p.A. Returns of goods will not be accepted if the accompanying documents do not comply with the relevant legal provisions.

8. MODIFICATIONS

The modifications made by Phonocar S.p.A. to the products offered for sale after this order cannot give rise to any right or claim on the part of the buyer.

9. WITHDRAWAL

Phonocar S.p.A. reserves the right to withdraw from the contract at any time if this is made necessary for technical reasons or news of the customer’s diminished solvency.

10. REDUCTION OF THE SUPPLY

Phonocar S.p.A. reserves the right to unilaterally reduce the supply at its sole discretion.

11. SUSPENSION OF DELIVERYA

Phonocar S.p.A. reserves the right to not proceed with the execution of the contract in whole or in part or to postpone the delivery terms if there are issues with or arrears in the payment of previous supplies, and this until the payments have been settled.

12. MODIFICATION OF PAYMENT TERMS

Following a change in the economic conditions of the buyer, Phonocar S.p.A. may modify the originally agreed terms of payment at its own discretion and thus present bills of exchange for acceptance, ask for the issuance of promissory notes in its favour, demand the payment of deposits or guarantees, all at the expense of the buyer.

13. BUYER’S FAILURE TO PAY

If the buyer fails to collect the goods, or in the event of failure to pay even one instalment of the price by the agreed due dates, Phonocar S.p.A. has the right to declare the contract terminated pursuant to art. 1456 of the Italian Civil Code, claiming the goods, or to have them sold by an officer of the court, in the manner governed by Art. 1515 of the Italian Civil Code, on behalf of and at the expense of the buyer, in any event without prejudice to any further action for damages.

14. DEFAULT INTEREST

The non-payment or delayed payment of the price of the goods or part thereof automatically determines the accrual of default interest in favour of Phonocar S.p.A. at the rate of 6% above the Official Discount Rate.

15. ACTIONS OF THE BUYER

No action or objection, including counterclaims, may be brought by the buyer if it has failed to collect the goods or if there are issues with or arrears in the payment of the price of any supply.

16. PLACE OF PAYMENT

Even if payment is to be made against presentation of bills of exchange or cash orders, for all legal purposes the seller’s domicile remains the place of payment of the price.

17. JURISDICTION

Any legal action related to the execution or interpretation of this contract shall be subject to the exclusive jurisdiction of the Court of Reggio Emilia.

All images are included for illustrative purposes only. Phonocar S.p.A. reserves the right to make changes to the products even without notice. Any changes to the products are to be considered improvements and do not affect their functionality. All mentioned trademarks and reproduced logos belong to their legitimate owners and have been indicated for information purposes only.