Definitions

“Seller”, in this document RESIZE, means the seller of the Goods as defined herein;

“Customer”/”Buyer” means the party purchasing the goods, including any successors thereof;

“Goods” means the goods, products and materials manufactured, imported, supplied and/or dispatched for or by the Seller to the Buyer.

Limits of responsibility

All the information contained on this website are provided “as is” without any express or implied warranty of any kind by RESIZE as service to our customers. The information are periodically updated and checked with the aim of making them as accurate, current and complete as possible. Consequently, RESIZE disclaims any responsibility for the accuracy, updatedness and completeness of every single item of information on this website, and for their fitness for any intended purpose. RESIZE disclaim liability for injury, damage, direct or indirect loss, consequential loss and any other economic loss caused by use, or the impossibility of use caused by access to the website itself. All access and use is at the user’s risk. RESIZE may make changes to the content and products shown on this website at any time without notice.

Quotations, Purchase Orders and Order Confirmations

Quotations issued by the Seller, comprising the description, technical features and prices of the goods shall not be considered as a binding sales agreement in any case, but rather a quotation. Any errors or omissions in RESIZE’s quotation documents or other related documentation maybe amended without RESIZE occurring any liability for damages or compensation in relation to such errors or omissions. The conditions specified in the mentioned quotation shall lose all validity and effect after fifteen days (unless agreed otherwise) from the date they are forwarded to the Customer, unless the Seller receives a purchase order from the Customer in the meantime. No order submitted by the Buyer shall be considered to be accepted by the Seller unless and until confirmed in writing by an authorized representative of the latter. A reply to a quotation which claims to be an acceptance but contains additions, limitations or other modifications relating, among other things to the price, payment terms, quality and quantity of the goods, place and time of dispatch constitutes a rejection of the Seller’s quotation and shall be considered as a counter-request for quotation. As a result, Customer’s purchase orders only become binding for the Seller after the latter has sent an official order confirmation to the Customer. The Seller reserves the right to accept or decline any purchase order at its sole discretion. After orders are entered for manufacturing, changes or cancellations cannot be accepted without RESIZE SRL written permission, and may be subject to a change or cancellation charge to be determined by the Seller. Orders for special and/or custom designed products not immediately salable to another customer are not changeable, cancellable, or returnable. Information stated in catalogues, data sheets and price-lists is merely indicative and not binding for the Seller. RESIZE reserves the right to make any modification to its products and prices at any time without prior notice. The Seller is to be considered bound only by conditions and details as they are mentioned in the relative order confirmation. The Seller’s catalogues and pricelists have been drawn up with the uttermost attention in order to ensure the accuracy of information, however, the Seller cannot be considered responsible for any errors or omissions contained in the very catalogues and price lists, as the parties are only bound by the contents of order confirmations and these General Terms of Sale and Delivery. The contract of sale shall only be considered as concluded with the Seller’s explicit acceptance via order confirmation.

Prices

Sale prices for the products shall be the prices specified by the Seller in the order confirmation. Prices are for products only, quoted in Euros, Ex Works and do not include VAT, taxes, customs clearance, shipping charges, freight, duties, and other additional charges or fees, such as fees for special packaging and labeling of the products, permits, certificates, customs declarations and registration (collectively, “Additional Fees”). Customer is responsible for any Additional Fees. In the event that the manufacturing costs for the contracted goods (including, but not limited to wages, salaries, materials or production costs) rise subsequent to formation of the contract and/or order confirmation, RESIZE shall have the right to increase the purchase price in accordance therewith. Any amendments requested by the Buyer must be approved in writing by the Seller specifying new terms of delivery, prices and terms of payment where applicable.

Complaints / Returns

Customers shall report all complaints to RESIZE in writing within 8 (eight) days from the date of receipt of the Goods. Return of the Products is not allowed without prior written authorisation from RESIZE. For failure to obtain such, the goods shall be redelivered to the Customer. In the event of an authorised return, the Products shall be returned carriage paid at the expense and risk of the Customer to RESIZE warehouses, within a period of 8 days, from the date of receiving authorisation from RESIZE. The Customer shall be credited for the purchase price of the Products, minus a minimum amount of 20% as compensation for administrative expenses. However, RESIZE reserves the right not to accept the return or apply a higher percentage for administrative expenses if the goods are returned after the period indicated above. In any case, the return of Products not present in the catalogue in effect at the time of the request to return or for which significant changes have been made to the technical specifications is prohibited. All goods must be returned in original packaging and be in resalable condition except for warranty returns. RESIZE do not authorize the return of discontinued product. If the Customer’s product is not covered under warranty, RESIZE may offer Repair Services under the Customer’s payment.

Warranty does not apply in the following cases:

• The warranty period is expired,
• The warranty label is broken or removed,
• The serial number label is missing or unrecognizable,
• The product has been modified or repaired by unauthorized personnel,
• Deterioration due to normal wear and tear,
• Damages that occur in shipment,
• Consumables such as batteries, bulbs, glasses, lenses, etc.
• The defect was subject to abuse, improper use not conforming to product instruction manual, or environment conditions different from those specified in the instruction manual,
• The defect was subject to Force Majeure, such as acts of God, flood, lighting, earthquake, war, vandalism, theft, brownouts or sags (damage due to low voltage disturbances);

Force Majeure

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.

Retention of Title

All Goods supplied by RESIZE remain exclusive property of RESIZE until it receives full payment. Therefore, Sale is made and accepted with retention of title as laid down in the Article 1523 et seq. of the Italian Civil Code. During this period, the Customer shall act as a depositary for the items supplied and undertake to keep them safe and insure them against any cause of damage, destruction, loss, etc. It is right of RESIZE to transcribe the privilege in accordance with the Article 2762 of the Civil Code, as a precaution and without prejudice to the retention of title as for the same transcription. 

Place of Jurisdiction and Governing Law

All disputes arising from these general conditions and any transactions between the parties shall be submitted to the exclusive jurisdiction of the competent court in Rome, ITALY. The relationship of the parties hereto shall be exclusively governed by and in all respect construed in accordance with the laws of Italy and with no application whatsoever of the United Nations sales law.