These general terms and conditions of sale govern all commercial relationships between Fratelli Vitale s.r.l. and the Customer, unless expressly derogated by specific conditions agreed upon in writing a latere and independent of these terms. The above general conditions shall be deemed accepted by the Customer even if they differ from the Customer’s specific purchasing conditions. The latter shall bind Fratelli Vitale s.r.l. only if expressly accepted in writing. Any person acting on behalf of the Customer shall represent and bind the Customer vis-à-vis Fratelli Vitale s.r.l.
1. Intermediaries and agents
1.1. Offers proposed by intermediaries, salespersons, agents and sub-agents shall not be binding upon Fratelli Vitale s.r.l. until formally approved by the latter.
2. Prices
2.1. Price lists and offers of Fratelli Vitale s.r.l. are those made public, unless otherwise agreed contractually; however, they may be modified by Fratelli Vitale s.r.l. even without prior notice.
2.2. Prices are ex-warehouse Fratelli Vitale s.r.l., excluding expenses, packaging, cash-on-delivery charges, VAT and taxes; all shipping costs, services and any additional charges shall be borne by the Customer.
3. Transport and collection of products
3.1. Unless otherwise agreed, shipments shall be carried out by carriers selected by Fratelli Vitale s.r.l. Shipping costs shall be charged to the Customer on the invoice.
3.2. Fratelli Vitale s.r.l. shall not be liable for loss and/or damage to the product from the moment the goods are delivered to the carrier at its warehouses, where the carrier is appointed by the Customer for any reason.
3.3. Upon prior authorization by Fratelli Vitale s.r.l., the Customer may collect the products directly from Fratelli Vitale s.r.l. warehouses. In the event of failure to collect the goods within one working day from authorization, the order shall be deemed cancelled.
4. Delivery terms and order fulfillment
4.1. Delivery times are indicative.
4.2. Each individual order or delivery is autonomous and independent from any other order or delivery.
4.3. Fratelli Vitale s.r.l. reserves the right to fulfill orders through partial deliveries. Should the Customer wish to object to partial delivery, this must be declared in writing at the time of order.
4.4. Should delivery of the ordered goods become impossible or more burdensome due to causes beyond its control, Fratelli Vitale s.r.l. may cancel the pending order by simple written notice to the Customer.
4.5. If the Customer wishes to cancel an order due to delivery delay, they must formally request in writing that Fratelli Vitale s.r.l. fulfill the order, or the unfulfilled part thereof, within a reasonable period of no less than 15 days.
4.6. Under no circumstances may the Customer refuse or delay payment for delivered goods based on an order even if only partially fulfilled, unless the Customer has previously declared, pursuant to Art. 4.3, their intention to accept only full performance of the order.
5. Returns and After-Sales Service
The return of goods to Fratelli Vitale s.r.l. must be requested following the procedure described below and requires prior authorization from Fratelli Vitale s.r.l.
5.1. Returns due to error or transport damage
Return requests must be submitted exclusively via our website www.fratellivitale.com following the ONLINE procedure and will be authorized only if the issue is selectable within the “Returns/Assistance” procedure.
5.1.1. Returns within 8 days
Fratelli Vitale s.r.l. considers tickets opened within 8 working days from the delivery date. If the return is accepted, the goods will be credited to the Customer.
5.1.2. Returns after 8 days
Fratelli Vitale s.r.l. reserves the right to accept tickets opened beyond 8 working days from delivery. If accepted, the goods will be credited applying a depreciation on the purchase price for administrative, handling and inspection costs as follows:
- 10% for returns within 30 days from delivery;
- 20% for returns within 60 days from delivery;
- 30% for returns within 90 days from delivery;
- 40% for returns within 120 days from delivery.
5.1.3. Notes applicable to all returns
a) Return shipping costs shall be borne by the party who placed the original order, except in case of errors attributable to Fratelli Vitale s.r.l.
b) If, upon return, a reason different from that stated in the return procedure is found, or if the packaging is not intact and original, the product value and transport costs shall be charged to the return requester and the goods will be returned.
c) Products with expiration dates will be checked against company lot numbers to determine actual shipping date. Non-compliant products will be returned and related costs charged to the Customer.
5.1.4. Goods arrived damaged
The ticket must be opened within 8 days of receipt, attaching the delivery note with signed inspection reservation and detailed photos of the damage.
5.2. After-sales service
(Legal warranty 12/24 months pursuant to the Civil Code and the Consumer Code – Legislative Decree No. 206 of 6 September 2005)
All products not subject to normal wear and tear are covered by the manufacturer’s warranty; therefore, authorized service centers must be contacted prior to contacting Fratelli Vitale s.r.l.
In areas not covered by manufacturer service centers and for Fratelli Vitale s.r.l. proprietary brands, tickets must be opened exclusively ONLINE at www.fratellivitale.com.
Warranty repair requests are subject to approval by the authorized service center or manufacturer.
5.2.1. Products under warranty
Collection is authorized only if the ticket is correctly completed and accompanied by the sales receipt/invoice.
5.2.2. Products out of warranty
Return shipping costs are borne by the Customer. Repair estimates will be provided upon request.
5.2.3. Service notes
a) Products sent for service must be properly and securely packaged and must not contain liquids or fuels.
b) Do not include accessories unless directly related to the issue.
c) Any included accessories must be listed on the return document accompanying the goods.
5.3. Drivers are not authorized to collect any product from the Customer without prior authorization. Unauthorized goods received will not be refunded and will be returned to the Customer with all costs charged.
5.4. Manufacturer’s warranty
The parties acknowledge that Fratelli Vitale s.r.l. acts solely as a reseller of third-party manufactured products; therefore, warranty coverage is limited to that provided by the manufacturer.
5.4.1. Only where provided by the manufacturer’s warranty, Fratelli Vitale s.r.l. will manage the warranty process but will not immediately replace defective products, which will be sent to the manufacturer/supplier for repair or replacement. The product will be returned to the Customer only after receipt from the manufacturer/supplier. Replacement timing depends on manufacturer/supplier turnaround.
5.4.2. Fratelli Vitale s.r.l. does not guarantee that products are suitable for specific needs of resellers or end customers. Technical data may change and are not binding. Availability subject to stock exhaustion and errors.
6. Fratelli Vitale s.r.l. warranty
6.1. Where the Customer proves that a defect is due to improper storage attributable to Fratelli Vitale s.r.l., liability applies if the defect renders the product unfit for use, significantly reduces its value, or lacks promised or essential qualities.
6.2. Complaints must be sent by fax/email within 8 calendar days of receipt, clearly stating reasons and invoice/DDT references. After this term, complaints will not be accepted.
6.3. No return will be accepted without prior written consent if packaging is not intact and original, unless the defect could only be detected upon opening.
7. Invoice complaints
7.1. Invoice complaints must be communicated by fax/email; otherwise, invoices are deemed accepted without reservation.
7.2. Complaints shall not justify delayed or missed payment.
7.3. In case of Customer default, liquidated damages equal to 10% of total sale price shall apply, without prejudice to greater damages.
8. Advance payments
Any advances paid are deemed deposits. In case of Customer default, Fratelli Vitale s.r.l. may retain such amounts without prejudice to greater damages.
9. Retention of title
In case of non-payment, Fratelli Vitale s.r.l. may repossess unpaid goods without court order. The Customer must notify Fratelli Vitale s.r.l. of any seizure or attachment.
10. Payment terms
10.1. All invoices are payable at Fratelli Vitale s.r.l. headquarters, net and without discounts. Payment terms are those indicated on the invoice or accompanying documents.
10.2. Credit lines are granted subject to favorable administrative assessment. Fratelli Vitale s.r.l. reserves sole discretion on limits and terms.
11. Late payments
11.1. Late payment causes immediate enforceability of all credits and suspension of pending deliveries.
11.2. Failure to pay even one invoice allows reduction of credit limits.
11.3. Orders may be terminated immediately without compensation.
11.4. Disputes do not justify suspension of other payments.
11.5. Partial delivery does not justify refusal of payment.
11.6. Partial invoices may be issued.
11.7. Late payment entails statutory interest pursuant to Legislative Decree 231/2002 plus banking fees.
12. Export restrictions
12.1. The Customer agrees to comply with U.S. export control regulations and EU legislation. Written manufacturer authorization may be required for exports outside the EU.
12.2. Non-compliance shall indemnify Fratelli Vitale s.r.l. for all resulting damages and costs.
13. Use in hazardous environments
13.1. Certain products may not be used in medical, explosive, nuclear or hazardous environments. Manufacturer restrictions must be observed.
13.2. The Customer shall indemnify Fratelli Vitale s.r.l. for any damages arising from improper use.
14. Jurisdiction and governing law
14.1. Exclusive jurisdiction lies with the Court of Benevento (BN) or the Justice of the Peace of Mirabella Eclano (AV).
14.2. These terms are governed by Italian law.