General Terms & Conditions of Sale and Privacy Policy

 

Below: With the term “Seller”, will be indicate who sells, and in this case the NOW Yacht Supply s.r.l.s. With the term “Buyer”, will be indicate who buy, any service and/or product from the Seller NOW Yacht Supply s.r.l.s. With the term “Products”, will be indicate all the products that the Seller NOW Yacht Supply s.r.l.s sells.

General Provisions

  • The terms and conditions set out below (the “General Terms and Conditions of Sale”) shall form part of all the agreements executed between the Seller and the Buyer for the supply of the Seller Products (the “Products”).
  • The General Terms and Conditions of Sale shall apply to all transaction executed between the Seller and the Buyer without any need of express reference thereto or agreement thereon at the conclusion of such transaction. Any dissenting terms and conditions shall only apply if confirmed in writing by the Seller.
  • The Seller reserves the right to change, integrate or vary the General Terms and Conditions of Sale, by including such variations in the quotations or in any other written correspondence sent to the Buyer.

Offers and Orders.

  • The Seller’s offers shall not be binding, in particular with reference to quantities, price and delivery time.
  • Orders placed by the Buyer shall not be regarded as accepted before these have been confirmed by the Seller in writing.

If the Seller should fail to confirm an agreement in writing which it has entered into verbally, the Seller’s invoice or the execution of the order by the Seller shall be regarded as confirmation.

  • Orders and/or amendments of orders placed verbally or by telephone, must be confirmed in writing by the Buyer.

Otherwise the Seller does not accept any responsibility for errors or consequent misunderstandings.

Prices and Terms of Payment

  • The product prices shown in the “Invoice detail document/s” are net of VAT.

VAT is calculated, and shown only in the “Total Invoice” sheet.

  • Taxes, duties, shipping, insurance, are not included in the prices unless separately quoted.
  • In addition to other remedies permitted under the applicable law and these General Terms and Conditions of Sale, the Seller reserves the right to recover default interest on delayed payments starting from the due date, calculated at the official reference rate of the European Central Bank increased by 7 (seven) basis points.
  • If the Buyer fails to take payments in the time and manner specified by the Seller or the Buyer business shall be operated beyond the ordinary course of business which shall include, without limitation, when seizure or protest has been made, payments shall be delayed or insolvency proceedings shall have been petitioned or opened, the Seller shall have the right to suspend or cancel, at its sole discretion, further delivery and to declare all its claims arising from the business relationship as immediately payable. Moreover the Seller may in such event request for anticipation on the payments or a warranty deposit.
  • The Buyer shall have no right to make any compensation, retention or reduction unless the counterclaims have been conclusively determined by the court.

Payment must be made within ten (10) days of the invoice date, except in case of previous written agreements between the NOW Yacht Supply (seller), and his customer (buyer). In the event of a delay in the payment (more than Ten (10) days) of the services and goods provided by NOW Yacht Supply, we will send a first informal payment request. After a further five (5) days from the first payment reminder, we will send a second payment request, that this time will be a formal request. After a further five (5) days from the second formal payment request, we will proceed by legal way.

Below, Italian VAT Rates

Rate


Type


Goods or Services


22%


Standard


All other taxable goods and services.


10%


Reduced


Some foodstuffs; water supplies; some pharmaceutical products; domestic passenger transport; admission to cultural events; some social housing; renovation and repair of private dwellings; some supplies and construction work for new buildings; some agricultural supplies; hotel accommodation; restaurants; admission to certain sports events; energy products (excluding district heating); firewood; collection of domestic waste; some waste water treatment; alcoholic beverages in bars and cafes; take away food; cut flowers and plants for decorative use and food production.


5%


Reduced


Social and health services provided by social cooperatives and their consortia.


4%


Reduced


Some food products; certain medical equipment for disabled persons; certain books; newspapers and some periodicals; some e-books; online journals newspapers; TV licence; some social housing; some agricultural supplies; certain social services; some motor vehicles; some supplies for new buildings; some construction work on new buildings.


0%


Zero


Supplies of land which cannot be used for building; intra-community and international transport.


Below, Italian VAT invoice requirements

Date of issuance and storage of Italian invoices

Italian VAT invoices must be issued on the date of the supply for goods, and up to 15 days following the month end of any supply. Invoices must be kept until the end of the fourth year of the year following the supply. Italy, like all EU states, allows for the use of electronic invoices under certain conditions.

Italian invoice requirements

Invoices must contain at least the following basic information: • Issue date • A unique invoice number • VAT number of the supplier • Fiscal representative details of the supplier if appropriate • Full address of the supplier and customer • Full description of the goods or services provided • Details of quantities of goods, if applicable • A date of the supply if different from the invoice date • The net, taxable value of the supply • The VAT rate(s) applied, and the amount of VAT broken out by rate • A reference to the applicable law where VAT is not charged • The gross, total amount of the invoice A simplified invoice may be provided instead for transactions below €100.

For more Informations, visit the site: http://www.vatlive.com/eu-vat-rules/eu-vat-returns/

  1. Terms of Delivery.
  • Unless otherwise expressly agreed in writing any indicated time of delivery shall be nonbinding for the Seller.

Unless different agreement between the parties, the approximate term for the delivery is the one specified in the confirmation of order.

  • The Seller reserves the right to reasonably delivery in instilments.
  • Any liability to supply as a result of force majeure or other unforeseen incidents outside the Seller responsibility including, without limitation, strike, lock out, acts of public authorities, subsequent cease of export or import opportunities shall, for their duration and in accordance with their impact, relieve the Seller from the obligation to comply with any agreed time for delivery.
  • The Seller is not obliged to accept the Products returns, unless otherwise agreed in writing. Any costs arising thereof shall be at the expense of the Buyer.
  1. Duty to Inspection and Acceptance of Products.
  • Upon taking possession of the Products, the Buyer shall immediately:

(6.1) Check quantities and packaging of the Products and record any objections on the delivery note. (6.2) Conduct a conformity check on the Products compared to the data indicated in the confirmation of order and records any objections on the delivery note.

  • In case of a notice of defect the Buyer shall comply with the following procedures and deadline:

(6.3) the notification shall be made by no later than [3 (three) working days] from the taking possession of the Products by the Buyer. In the event of an objection to a defect which, despite a first inspection has remained undiscovered, the objection must be raised within the early of the expiry of the working day on which the defect has been discovered but in any event by no later than [2 (two) weeks] after takeover of the Products. (6.4) The detailed notice above mentioned shall be delivered in written form to the Seller within the deadlines. Any notice by telephone conversation shall not be accepted. (6.5) The notice must clearly specify the kind and amount of the alleged defect. (6.6) The Buyer agrees to make available for inspection the objected Products; such inspection shall be done by the Seller or by any expert designated by the Seller.

  • No objections with regard to the quantities, quality, type, and packaging of the Products shall be possible unless a note has been placed on the delivery note in accordance with the above mentioned procedure.
  • Any Product to which objection shall not have been raised in accordance with the procedures and deadlines set out above shall be regarded as approved and accepted by the Buyer.

 

  1. Only for the household appliances – Terms of Warranty.
  • The Seller hereby represents and warrants that the Products shall be free from defect and shall comply with the technical specifications forwarded by the Seller.
  • The warranty shall be valid only on the products used in suitable environment and for suitable applications in appliance with technical specifications forwarded by the Seller; every improper use of the products is forbidden.
  • The warranty shall not be valid if the defect or not conformity will prove to be depending on not correct on not suitable applications of the product, or if the product has been incorrectly placed in operation.

Any change or replacement of product parts, which has not been authorized by the Seller releases the manufacturer from any civil or penal liabilities, and makes the warranty invalid. The warranty does not cover the normal products parts subject to consumption.

  • For further Terms of Warranty please refer to the document “General Service Policy Guide”.
  1. Limitation of Liability.
  • Unless in case of justified objection which shall have been raised in accordance whit the procedure and deadlines set forth in paragraph 5 above, the Buyer shall not be entitled to any further rights or remedies.

In particular, the Seller shall not be responsible for any compensation based on breach of contract or default.

  • The Seller shall do its best endeavor to deliver the Products within the time agreed (if any), but it shall not be liable for any loss or damage of any kind whatsoever caused directly or indirectly by any delay in the completion of the contract or delivery of the products.
  • Catalogues, price lists or other advertising matters of the Seller are only an indication of the type of Products and no prices or other information contained herein shall be binding for the Seller. The Seller does not accept any responsibility for errors, or omissions contained in its price lists or promotional matters.
  1. Controversy right.

If the Customer intends to notify any not correspondence or appropriateness of one of the items delivered from the Supplier, it is obliged to give written notice as specified in the paragraph ”Duty to Inspection and Acceptance of Products.”; otherwise this element is to be considered accepted in its entirety.

  1. Retention of Title.
  • The Product supplied shall remain in the property of the Seller until the date of the full payment by the Buyer of the entire price of the Products and of all amounts due to the Seller. Until that time the Buyer shall hold the Products as the Seller’s fiduciary agent and shall keep the Product properly stored, protected and insured.
  • If in the Country of the Buyer’s domicile for the validity of the retention of title for the benefit of the Seller it is necessary to fulfil some administrative or legal formalities as, without limitation, to file the Products with the public registers or to affix particular seals on them, the Buyer shall cooperate with the Seller and shall do its best effort for carry out all the necessary actions in order to obtain a valid retention of title right on the Products for the benefit of the Seller.
  1. Data Protection Law.

The personal data of the Buyer shall be processed in accordance with the Italian data protection law (Legislative Decree 196/2003). The Seller informs the Buyer that the Seller is the data controller and that the Buyer’s personal data shall be collected and processed for the only purpose of the performance of this agreement. Pursuant article 7 of the Italian Legislative Decree 196/2003, the Buyer has the right to ask to the Seller the updating, amendment, integration, writing off and transformation in anonymous form of its data.

  1. Applicable Law.
  • In case of the Buyer is a subject having Italian nationality, the present General Terms and Conditions of Sale and all the agreements executed between the Seller and the Buyer shall be governed by Italian laws.
  • On the contrary, in case of the Buyer is a subject having a nationality different from the Italian one, the present General Terms and Conditions of Sale and all the agreements executed between the Seller and the Buyer shall be governed by the United Nations Convention of Vienna of 1980 on Contracts for the International Sale of Goods.
  1. Jurisdiction
  • Any dispute arising between the parties in connection with the interpretation, validity or performance of the present General Terms and Conditions of Sale and of all the relevant agreements shall be of the exclusive competence of the referred to the Court of Siracusa.
  • It is agreed between parties that the Seller, at its own discretion, may have the faculty to waive the exclusive jurisdiction set forth in paragraph (A) to bring an action against the Buyer in its domicile and before any court of competent jurisdiction.
  • Final Provisions.
  • The total or partial invalidity of any provision of the present General Terms and Conditions of Sale shall not affect the validity of the other provisions.
  • The present General Terms and Conditions of Sale have been drafted in both Italian and English languages.

In case of problems of interpretation the Italian version shall prevail. Pursuant articles 1341 e 1342 of the Italian Civil Code the Buyer hereby specifically accepts the following provisions: Art. 1 (B) – Applicability of the General Terms and Conditions of Sale to all the transactions; Art. 3

  • Nonpayment in the terms and opening of insolvency proceedings; Art. 3 (E) – No right to make     compensations, retentions or reductions; Art. 4 – Terms of delivery; Art. 5 – Duty to inspection and acceptance of products; Art. 7 – Limitation of liability; Art. 8 – Retention of title; Art. 10 – Applicable Law; Art. 11 – Jurisdiction.

NOW Yacht Supply S.r.l.s. Specific Limitation of Liability NOW Yacht Supply is a yacht service company, which does not produce any products. All the products we provide are produced, and sealed by other companies with proven expertise in their field, controlled and certified by the competent authorities. NOW warns all its customers who intend to consume raw or slightly cooked meat or fish products supplied, to keep them at a temperature of (-31°F/- 35 ° C) for at least 24 hours. Therefore, NOW Yacht Supply Company will not be held liable in the following cases:

  • In case of intoxication and/or poisoning and/or death; (caused by food or beverage), of people and/or animals.

In this case, we will provide to the customer and to the authorities the data of the companies from which we made the various supplies.

  • In case of allergic reactions; (caused by food, beverage, plants, or flowers), of people and/or animals.
  • In this case the responsibility is given to who has materially made the order, or to who has served the food or beverage to the diners without checking whether someone was allergic to some product.
  • In case of presence of chemical agents among the ordered products, used for the treatment of foods such as preservatives, dyes, etc.
  • In case of presence of genetically modified foods among the ordered products.
  • In case of products, ordered by other suppliers, whose expiration date has passed, or very close to pass.
  • In the case of products ordered by other suppliers, not packaged in the right way from the producer.

SECURITY & PRIVACY

  1. Introduction and General Terms

NOW Yacht Supply is committed to protecting your personal information when you are using our services. We want our services to be safe and enjoyable environments for our customers. This Privacy Policy relates to our use of any personal information you provide to us through the NOW Yacht Supply website. In order to provide you with the full range of services, we are sometimes required to collect information about you. This privacy policy explains the following: – What information NOW Yacht Supply may collect about you; – how NOW Yacht Supply will use information we collect about you; – whether NOW Yacht Supply will disclose your details to anyone else; – your choices regarding the personal information you have provided to us; – the use of cookies on the NOW Yacht Supply website and how you can reject these cookies. As set out above, NOW Yacht Supply is committed to safeguarding your personal information. Whenever you provide such information, we are legally obliged to use your information in line with all laws concerning the protection of personal information, including the Data Protection Act 1998 (these laws are referred to collectively in this Privacy Policy as the “data protection laws”). The website contains hyperlinks to websites owned and operated by third parties. These third party websites have their own privacy policies, including cookies, and we urge you to review them. They will govern the use of personal information you submit or are collected by cookies whilst visiting these websites. We do not accept any responsibility or liability for the privacy practices of such third party websites and your use of such websites is at your own risk.  

  1. What information will NOW Yacht Supply collect about me?

We may ask for personal information about you. This can consist of information such as your name, e mail address, postal address, telephone or mobile number. Different web-pages may ask for different personal information. By entering your details in the fields requested, you enable NOW Yacht Supply to provide you with the services you select. NOW Yacht Supply also uses cookies and collects IP addresses (an IP address is a number that can uniquely identify a specific computer or other network device on the internet). We use analysis software to look at IP addresses and cookies for the purpose of enhancing your user experience. This information is not used to develop a personal profile of you and the log files are regularly purged.  

  1. How will NOW Yacht Supply use the information they collect about me?

NOW Yacht Supply will use your personal information for a number of purposes including the following: – For providing services to you in the way of sending goods to your address. – IP addresses are used to identify the location of users, the number of visits from different countries and also to block disruptive use; and – to analyze and improve the services offered by NOW Yacht Supply e.g. to provide you with the most user-friendly navigation experience. Where NOW Yacht Supply proposes using your personal information for any other uses we will ensure that we notify you first. You will also be given the opportunity to withhold or withdraw your consent for your use other than as listed above.  

  1. When will NOW Yacht Supply contact me?

NOW Yacht Supply may contact you: – in relation to the order you have placed on the website to ensure that NOW Yacht Supply can deliver the services to you; – where you have opted to receive further correspondence;  

  1. Will I be contacted for marketing purposes?

NOW Yacht Supply won’t contact you for marketing purposes, or promote new services to you unless you specifically agree to be contacted for these purposes.  

  1. Will NOW Yacht Supply shares my personal information with anyone else?

We will keep your information confidential except where disclosure is required or permitted by law (for example to government bodies and law enforcement agencies).  

  1. Changes to Privacy Policy

This privacy policy may be updated from time to time so you may wish to check it each time you submit personal information to any NOW Yacht Supply website. The date of the most recent revisions will appear on this page.  

  1. Contacting NOW Yacht Supply about this Privacy Policy

If you have any questions or comments about this Privacy Policy please contact; NOW Customer Relations team Email: info@nowyachtsupply.com

SECURITY

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