CONTRACT TERMS AND SALES CONDITIONS

CONTRACT TERMS AND SALES CONDITIONS

 

1. DEFINITIONS

Client: physical or legal person who buys the products of CSM Circuiti Stampati srl.Consumer: physical person who is a "customer" but who buys products for personal use and in any case for purposes unrelated to his professional or commercial or craft or industrial activity.

Order :  the client and/or consumer request of purchasing products from CSM Circuiti Stampati srl, or the acceptance of a CSM Circuiti Stampati srl quotation .

Contract: the sale of products by CSM Circuiti stampati srl to the customer.

CSM Circuiti Stanpati srl : CSM Circuiti stampati srl , the seller of the product in the invoice indicated.

Product: printed circuit boards.

Order Confirmation: the written notice, sent by CSM Circuiti stampati srl, confirming the order of the product, according to the received customer’s request.

Price: amount due for the purchasing of the product, as indicated in the order confirmation.

Product: is the one described in the order confirmation.

Project, Files, Project Files, Master, Gerber: all data that are necessary for the realization of the product, that have to be  sent together with the order.

  1. FIELD OF APPLICATION

This contract applies to sales concluded with the order confirmation. Any modification to the contract must be confirmed by CSM Circuiti Stampati srl in writing. The application of any other clause or condition is excluded. The sending of any order implies acceptance of the contract. 3. TECHNICAL SPECIFICATIONS OF THE PRODUCTThe product will be built exclusively following the drawing in gerber format. Any more comment not in accordance with the gerber file that modifies  the drawing or any technical specifications of the product will not be taken into account.The drilling of the product will be done in accordance to the correspondent file sent. All others possible  "Drilling plan" or any notes in the margin of the "Drilling plan" will not be considered.CSM Circuiti Stampati srl  is never responsible for the errors caused by incomplete or ambiguous data.We reserve the right to perform optimizations to the gerber files and to drill files.We do not guarantee for any information found on internet or in any other brochures and we reserve the right to make changes to the specifications on our web-site.

  1. QUOTATIONS

 The quotations sent stay valid for 30 days. We reserve the right not to accept a submitted offer.

 5.ORDERS

After the sending of the order, the customer will receive a notice confirming the receipt.The customer must send the projects for the realization of the product together with the order. At that time the order is in "approval phase"; the “ORDER CONFIRMATION " is the only proof that the order has been accepted.In the event that the projects sent are missing or incomplete, CSM Circuiti Stampati srl   will send an e-mail alert with the indications of the missing data; the order will remain "suspended" pending the sending of new data; the calculation of delivery days will start from the working day, following receipt of the data requested for the realization of the product.In the event that the order is not approved, an e-mail will be sent with the note "ORDER NOT APPROVED".

 

  1. PRICES

All prices are net /Ex Works and exclude VAT, packaging, transport costs and transport insurance.

CSM Circuiti Stampati sel reserves the right to change the prices indicated in consequence of any price increases in raw materials, staff costs, transport costs, technical specifications changes or due to any other increase in cost and any other reason, even if after the sending of the order confirmation. The invoice total amount is calculated on the number of circuits shipped.

  1. SHIPMENT AND DELIVERY TERMS

Once ready, the products will be sent to the address indicated by the customer. CSM Circuiti Stampati srl  can decide, at its discretion, to ship them even with multiple shipments.

If the products shipped are lost or at the delivery time present any damage or are delivered in a different number from the one indicated on the invoice or do not correspond to the order, Csm Circuiti can decide whether to replace the product or send a credit note equal to the number of pieces of the damaged or lost product, or repair those are damaged

The customer accepts the possibility that CSM Circuiti Stampati srl may decide to sell a number of circuits smaller or greater than the ordered one.

The delivery terms are expressed in working days (excluding Saturday, Sunday, holidays).

The day count starts from the first working day after the receipt of the order (if received before 09:00 AM).

The shipping date indicated on the website and on the confirmation is only an estimate of the working days of production and will not be part of the contract.

The shipment of the products will be carried out according to the methods decided at the time of ordering, subject to availability. In the case of products not immediately available, the customer will be contacted by e-mail. Each shipment is subject to a shipping cost contribution, the amount of which is visible before the order is accepted.

CSM Circuiti Stampatu srl will not be liable for penalties, damages, loss of business or other expenses incurred, caused by delays or losses in the delivery of products.

  1. PAYMENTS

Orders are accepted with the payments indicated on the website. The customer will become the owner of the product only upon payment of the full price.

  1. ACCEPTANCE

Upon delivery of the product, the customer will have to examine it and contest any lack of conformity within seven days. Due to technological reasons, the electrical test is not able to ensure that the product is completely free of defects. The customer must then perform a weldability test and a functional check.No requests of compensation will be accepted for assembly costs, costs for components assembled on the printed circuit board, damaged devices connected to the printed circuit board, control costs, verification costs, testing costsUpon expiry of 7 days from delivery, the product will be deemed accepted by the customer.In case of any claims and if  CSM Circuiti Stampati srl  would consent the return of the product, at its discretion, this must be returned in its original condition, with its packaging and a return note.All return costs will be at customer’s charge.

  1. WARRANTY

CSM Circuiti Stampati srl  guarantees that the products marked with the CSM mark are free from defects for 12 months from delivery.In case of any defects of the product, emerging within the indicated period it must be notified in 7 days from the discovery under penalty of forfeiture to be refounded. CSM Circuiti Stampati srl will replace the product in reasonable time, taking every reasonable effort in order to solve the problem in realistic terms, depending on the circumstances.The warranty provided by CSM Circuiti Stampati srl replaces any other implied warranty and such implied warranties are excluded, to the extent permitted.

CSM Circuiti Stampati srl  will never provide its warranty for:

10.1) all damages caused by improper use, modification or repair by the customer or unauthorized third parties;

10.2) all damages caused by third party (different from da CSM Circuiti Stampati srl ) or by external events;

10.3) suitability for particular purposes;10.4) instructions given by the customer and executed correctly by CSM Circuiti Stampati srl;10.5) products that do not meet the "production specifications" on the site.

 www.csm-circuiti.it .

10.6) incorrect storage or handling;

10.7) overloading;

10.8) deformations of the material, of the color of the surface that do not affect the operation of the product..

  1. LIABILITY

The files, sent by the customer, will be used to create the printed circuits. If the products do not comply with the IPC class2 regulations, CSM Circuiti Stampati srl will be responsible for a maximum amount equal to the value of the goods sent.CSM Circuiti Stampati srl rejects any responsibility for: 11.01) All malfunctions due to incorrect data or to non-compliance with the "production specifications" of the project files, which can be consulted on the site  www.csm-circuiti.it; 11.02) indirect damages or consequential losses; 11.03) loss of business, profits, salaries, compensation, savings; 11.04) defects repaired by CSM Circuiti Stampati srl in reasonable times;11.05) avoidable losses with reasonable conduct, or, in general, following the advice of CSM Circuiti Stampati srl; 11.06) all elements excluded from the guarantee or due to force majeure;11.07) wear defects;11.08) products that have not been repaired by CSM Circuiti Stampati srl ;11.09)
all specifications, descriptions, drawings, catalogs or any other detail sent by CSM Circuiti Stampati srl that have to be understood as a representation of a general idea of ​​the product supplied;11.10) any information, advice, recommendation sent by csm circuits that is not answer to a specific customer request;11.11) variation of dimensions, specifications, materials of the product supplied if the variation does not affect the characteristics of the product and if the materials used are of equal or better quality than those required;11.12) For sales to consumers, articles 1519 bis to 1519 nonies of the Italian Civil Code apply12. FORCE MAJEURECSM CircuitI Stampati srl will not be responsible for the delay in the fulfillment of its obligations if such delay is caused by circumstances beyond its reasonable control and will be entitled to use a temporal extension for fulfillment;examples of force majeure events include strikes, terrorist actions, war, supply / transport / manufacturing problems, exchange rate fluctuations, government or regulatory actions, natural disasters.If the event of force majeure persists for a period of more than 2 months, each party will have the right to withdraw from the contract, without any compensation being due to the other party.13. RIGHT OF WITHDRAWAL

 

The right of withdrawal is reserved to the consumer only. It must be exercied within 10 days from the delivery, against CSM Circuiti Stampati srl.The right of withdrawal does not apply to the service of production of printed circuit boards on specific consumer specifications, as it is custom-tailored and clearly personalized.The right of withdrawal is exercised by returning the product using the methods described in art. 7, at the headquarters of CSM Circuiti Stampati srl - via dell’industria 15 – 61032 Fano (PU) Italy14. CUSTOMER OBLIGATIONS

The customer:

14.1 will be held responsible:

- for the choice of the product and its suitability for the purpose;- for telephone and postal expenses to contact CSM circuiti Stampati srl, where incurred;- for any indication and instruction on what is contained in the project files;14.2 must provide CSM Circuiti Stampati srl  with all reasonable information, cooperation and access to allow CSM Circuiti Stampati srl  to fulfill its contractual obligations, otherwise CSM Circuiti Stampati srl  will not be obliged to supply any product, service or assistance;14.3 authorizes CSM Circuiti Stampati srl  to check calls for information and confirmation purposes;

 

  1. PROTECTION OF PERSONAL DATA

The customer's personal data will be processed and / or disclosed in accordance with the law and according to the procedures for registration and protection of data adopted by CSM Circuiti Stampati srl  . The customer agrees that his personal data will be processed by the company CSM Circuiti Stampati srl  . The customer may impose CSM Circuiti Stampati srl  not to use his data for marketing purposes.

 

  1. LEGAL COMPETENCE

The contract is governed by Italian laws. For any dispute concerning the interpretation and execution of the contract, the exclusive jurisdiction of the Court of Pesaro is agreed upon. The application of the Vienna Convention on the International Sale of Goods is excluded. 

  1. NOTICES


If any provision of the contract is deemed invalid or ineffective by the Judicial Authority, the remaining parts of the contract will remain unaffected. CSM Circuiti Stampati srl  may enter into sub-contracts, transfer or transfer its obligations and rights, in whole or in part, to a third party that is competent. The customer will not be able to transfer or transfer any of his obligations. The communications must be in writing (by hand, by e-mail, fax or priority mail and will be considered as received forty-eight hours after shipping) and sent to the registered office of the parties. 

Fano, li

Client/Consumer                                                                                                       CSM Circuiti Stampati srl 

 

 

_____________________________                                                                 ______________________________

 

For express acceptance of the clauses nos . 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17

 

 

 

 

Information pursuant to articles 13-14 of the GDPR 2016/679

13-14 del GDPR 2016/679 (General Data Protection Regulation)

 

Dear Sir / Madam, pursuant to art. 13 UE Regulation 2016/679 and in relation to the information that will be acquired, for the purposes of the protection of persons and other subjects regarding the processing of personal data, we inform you that the personal data supplied or acquired by you will be processed, also with the help of electronic tools from the company CSM Circuiti Stampati srl with headquarters in  61032 Fano -PU-, via dell’industria 15, Italiy .The e-mail address is amministrazione@csm-circuiti.it .

 

1.      Source of data

 

The personal data processed are those provided by the interested party :a)        On the occasion of visits or phone calls or e-mails sending;b)        By registering on our website www.csm-circuiti.it ;c)        Browsing our website, even without registration, the following data are collected:

  • IP address;

-           Date and time of access;

  • Visited pages;
  • Volume of the data sent;
  • Browser used;
  • Operating system used;
  • Language used;
  1. Through cookies used by our website for its operation
  2. Purpose of the treatment

The processing of personal data provided is aimed solely at :                    a) the execution of the contract;

  1. b) the fulfillment of obligations under the laws related to the contractual relationship;

                    c) the contract management, for example relationships with agents, representatives, clients and/or               contractors;                     d) the possible external professional collaborations for the fulfillment of legal obligations;                     e) the protection of contractual rights;                     f) internal statistical analysis;                     g) the marketing activities by sending promotional and advertising material relating to products or services similar to those in the current commercial relationship;                    The legal basis of the treatment is the need to comply with legal obligations, pursuant to art. 6, letter b), c)                       and f) of the European Regulation, the contract, as well as the explicit consent3.      Methods of processing personal dataPersonal data will be processed in paper form, computerized and telematic and inserted in the relevant databases that will be accessible to the persons in charge of data processing.The processing may also be carried out by third parties who provide specific processing, administrative or                                                            instrumental services necessary to achieve the aforementioned purposes.

All data processing operations are carried out in such a way as to guarantee the integrity, confidentiality and availability of personal data.

  1. Data Retention Period

The data provided will be kept for 10 years from the issuance of the last invoice by the company.In the case of judicial litigation, for the entire duration of the same, until the exhaustion of the terms of practicability of the appeals. The place of data storage is the Italian Republic.5.      Scope of communication and dissemination of data in relation to the purposes indicated in point 2 the data can be communicated to the following subjects:                    a. Supervisory and control authorities;                    b. Banking institutions for the management of receipts and payments;

  1. Financial administrations or public institutions in fulfillment of regulatory obligations;

                    d. Companies and law firms for the protection of contractual rights;                     e. Agents, representatives;                     f. Customer and / or contractor as part of the contract / subcontract

 

6.      Rights pursuant to arts. 15, 16, 17, 18, 20, 21 and 22 of the REG. EU 2016/679                    We inform you that as an interested party, together with the right to propose a complaint to the         Supervisory Authority, you have the rights listed below, which you can assert by asking a specific request to the data controller and / or the data processor, as indicated in point 1. (the list can also be simplified only to the articles of the Regulations) Art. 15-Right of access. The interested party has the right to obtain from the data controller, the confirmation that it is or is not undergoing treatment of personal data concerning him and in this case, to obtain access to personal data and information regarding the processing. Art. 16 - Right of rectification. The interested party has the right to obtain from the data controller the correction of inaccurate personal data concerning him without undue delay. Taking into account the purposes of the processing, the data subject has the right to obtain the integration of incomplete personal data, also by providing an additional declaration. 3 Art. 17 - Right to cancel (right to be forgotten). The interested party has the right to obtain from the data controller the deletion of personal data concerning him without undue delay and the data controller is obliged to cancel the personal data without undue delay. Art. 18 - Right to limit the processing. The interested party has the right to obtain from the data controller the limitation of treatment when one of the following hypotheses occurs:a) the interested party disputes the accuracy of personal data for the period necessary for the data controller to verify the accuracy of such personal data; b) the processing is illegal and the interested party opposes the cancellation of personal data and asks instead that its use is limited;c) although the data controller no longer needs it for processing purposes, personal data are necessary for the data subject to ascertain, exercise or defend a right in court; d) the interested party objected to the processing pursuant to Article 21 (1) pending verification of the possible prevalence of the legitimate reasons of the data controller with respect to those of the data controller. Art. 20 - Right to data portability. The interested party has the right to receive, in a structured format, in common and automatic way, the personal data concerning him / her provided to a data controller and has the right to transmit this data to another data controller without impediments from the part of the data controller who supplied them.In exercising its rights relating to the portability of data in accordance with paragraph 1, the data subject shall have the right to obtain direct transmission of personal data from one controller to another, if technically feasible.. Art. 21 - Opposition right. The interested party has the right to oppose at any time, for reasons connected with his particular situation, to the processing of his personal data pursuant to Article 6, paragraph 1, letters e) of), including profiling on the basis of these provisions. Art. 22 - Right not to be subjected to automated decision making, including profiling. The data subject has the right not to be subjected to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or which significantly affects his person.