General terms of supply 

3. PROPOSAL ACCEPTANCE

The present proposal, if accepted, becomes binding and irrevocable for the Client. The order becomes binding for INFOTEL only when INFOTEL sends the Client a written order confirmation, which will be presumed tacit after 45 days from the date of acceptance by the Client. In case of lack of order confirmation by INFOTEL, the advance payment will be refunded without any right to penalties or claims of any kind.

4. RESERVATION OF OWNERSHIP

All machines and/or software products referred to in point no. 1 will be sold with a retention of title clause in favor of INFOTEL until full payment of the price. Therefore, until that moment, the Client may not sell, lease, lend, pledge, or otherwise dispose of the machines and/or software products; nor remove them from their original installation site; nor allow them to be seized or foreclosed without declaring INFOTEL's ownership (and, in any case, providing immediate written notice to the latter). In the event of a violation of even one of the aforementioned obligations, the Client will automatically lose the benefit of deferred payment terms. Likewise, the Client's failure to pay multiple installments, or even a single installment exceeding one-eighth of the price, will result in the loss of the above-mentioned benefit, granting INFOTEL the right to immediately demand the entire remaining balance in a single payment or (at its exclusive discretion) to consider the contract terminated. In such case, all machines and/or software products must be immediately returned, and any installments or partial payments already made will be definitively retained by INFOTEL as compensation for the use and as indemnification, without prejudice to further damages. 

5. DEADLINE AND PLACE OF DELIVERY

Within 60/120 days from the proposal acceptance via courier at the expense of the Client. In case of payment via leasing, delivery will take place within 60/120 days from the order confirmation received from the designated leasing company. INFOTEL will make every possible effort to comply with the delivery terms. Under no circumstances will it be responsible for any damage or penalties for delays in delivery due to any cause beyond INFOTEL's reasonable control. The aforementioned delivery term is indicative, not binding for the Manufacturer or INFOTEL, and may be subject to modification by them without the Client being entitled to request damages or contract termination. Delivery shall be deemed completed at INFOTEL's headquarters upon notification to the Client of the machines and/or software products being ready for subsequent installation.

6. INSTALLATION (IF APPLICABLE)

The Client must provide suitable premises equipped with all the systems specified in the respective installation manuals provided by the Manufacturer. The Client will supply the necessary workforce to transport the machines and/or software products from the external street level to the designated installation site specified by the Client, as well as the workforce for unpacking each machine and placing them in their assigned location, along with the electrical connections for power supply. The packaging material will remain the property of the Client. The installation date of a machine, for all purposes of this agreement, will be considered as the following working day after the machine has been installed in accordance with the Manufacturer's specifications. In cases the Client has not timely provided suitable premises or decides to postpone the installation, the installation date will be considered as the working day following the date on which the machine was delivered to the Client. The Client agrees to be responsible for the activation and deactivation of the machines, when necessary, in accordance with the specific instructions provided by the Manufacturer for each machine.

7. WARRANTY

INFOTEL, unless otherwise specified, guarantees that each machine, at the time of installation, will be in proper working condition in compliance with the Manufacturer's technical specifications. The Manufacturer, and INFOTEL on its behalf, does not guarantee that the operation of the machines and/or software products will be uninterrupted or error-free. The warranty stated herein will apply to each machine starting from its installation date. Unless otherwise specified, the warranty is understood to be ex-works at INFOTEL's or the Manufacturer's service center, and it will be the responsibility and at the risk of the Client to deliver the defective part under warranty to such center.

8. LATE PAYMENT

The Client is obliged to make payments in the manner and within the terms specified in this proposal. Any delays, for whatever reason, that may occur between the agreed payment method and the actual payment will result in INFOTEL charging interest at the rate of 2% per month.

9. APPLICABLE LAW AND JURISDICTION

These terms are subject to Italian law. For any disputes between the parties regarding the interpretation, execution, and termination of this agreement, as well as any related claims, the Court of Taranto shall have exclusive jurisdiction.

10. LIMITATION OF LIABILITY

The Client cannot request compensation for direct or indirect damages of any kind resulting from the supply subject to the contract. INFOTEL does not assume any other obligations nor provides any warranties beyond those expressly stipulated in the contract, excluding in all cases any liability on the part of INFOTEL for damages of any kind and for any reason, including damages resulting from the use of the machines and Software Products, except for the mandatory legal limits or obligations that apply to the Manufacturer.

11. VALIDITY OF THE PROPOSAL

The present proposal is valid for 60 (sixty) calendar days from the date of the proposal itself.

12. GENERAL PROVISIONS

The present constitutes the full expression of all agreements entered between the Client and INFOTEL concerning the purchase of the machines and other products which are the subject of the purchase proposal above mentioned and prevails over all oral and written agreements that may be invoked as having occurred between the parties in relation to said products. Any tolerance by one party regarding breaches by the other shall not imply a waiver of contractual rights.

13. PERSONAL DATA PROTECTION

The Client declares to have received the document titled "Information pursuant to Art. 13 of the European Regulation no. 679/2016" - ANNEX 1 - and consents to the related processing of their personal data.

Information provided pursuant to Art. 13 of European Regulation no. 679/2016 (GDPR)

We inform you, pursuant to Art. 13 of Regulation EU 2016/679 (hereinafter referred to as "Regulation" or "GDPR"), that any professional relationships established with Infotel S.r.l. may involve the processing of personal data, in compliance with the following general principles:•

  • all data is processed lawfully, fairly, and transparently with respect to the data subject, following the general principles outlined in Art. 5 of the GDPR;

  • appropriate security measures are observed to prevent data loss, unlawful or improper use, and unauthorized access, in accordance with the provisions of Art. 32 of the same GDPR.

General Information

The Data Controller is the undersigned company, represented by its legal representative:Infotel S.r.l., Viale Magna Grecia, 215 – 74121 Taranto TA - VAT/Tax Code 00873500730Telephone: 099 7303711 Fax: 099 7303737 Email: infotel@webinfotel.itYou may contact the Data Controller to exercise all the rights provided for by Articles 15 to 21 of the GDPR: the right of access, rectification, erasure, restriction, portability, objection, as well as to revoke previously granted consent. In case of no response to their requests, data subjects can file a complaint with the Authority for the protection of personal data (pursuant to Art. 13, paragraph 2, letter d of the GDPR).

Object of Processing

The Data Controller processes personal identification data of the subject (e.g., name, surname, company name, personal/fiscal information, address, phone number, email, etc.) and of their operational references (name, surname, and contact details) acquired and used within the scope of the services provided by the Data Controller.

Purpose and Legal Basis of Processing

Data is processed for:

  • managing commercial/contractual/professional relationships related to the products/services subject to the relationship;

  • fulfilling pre-contractual, contractual, and fiscal obligations arising from existing relationships, as well as managing the necessary communications related to them;

  • complying with obligations established by law, regulation, community legislation, or an order of the Authority;

  • exercising a legitimate interest as well as a right of the Data Controller (e.g., the right to defense in judicial proceedings, the protection of credit positions, routine internal operational, managerial, and accounting needs);

     

  • conducting market research, sending advertising material, carrying out promotional activities, subject to prior consent

    • Failure to provide this data will prevent establishing a relationship with the Data Controller. The above purposes represent, according to Art. 6, paragraphs b, c, f, suitable legal grounds for the lawfulness of processing. Should different purposes of processing be intended, specific consent will be requested from the concerned parties

Addresses and Transfer of Personal Data

Your personal data may be shared with:

  • individuals authorized by the Data Controller to process personal data pursuant to Art. 29 of the GDPR in relation to the purpose of their job duties (e.g., employees and system administrators, etc.);

  • service providers (such as consultants, banks, etc.) who typically act as data processors under Art. 28 of the Regulation;

  • persons, entities, or authorities to whom your personal data must be communicated by law or by order of the authorities. A complete and updated list of data recipients can be requested from the Data Controller at the contact details provided above.

Data Transfer Outside the EU

Regarding the potential transfer of data to Third Countries, the Data Controller hereby informs that the processing will be carried out in accordance with one of the methods permitted by current law, such as the consent of the interested party, the adoption of Standard Clauses approved by the European Commission, the selection of subjects adhering to international programs for the free circulation of data (e.g., EU-USA Privacy Shield), or operations in countries deemed safe by the European Commission. Further information can be obtained, upon request, from the Data Controller at the contact details indicated above.

Treatment Modalities

The processing of personal data is carried out through the operations indicated in Art. 4, paragraph 2 of the GDPR, specifically: collection, registration, organization, storage, consultation, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, deletion, and destruction of data. Personal data is subjected to both paper and electronic and/or automated processing. The Data Controller will process personal data for the time necessary to fulfill the purposes for which they were collected and related legal obligations. Infotel has defined personal data retention policies ranging from 30 days to the expiration of the statute of limitations for possible disputes.You may submit a request to object to the processing of your data under Art. 21 of the GDPR, providing reasons that justify your objection: the Data Controller reserves the right to evaluate your request, which would not be accepted in the event of the existence of compelling legitimate reasons to proceed with the processing that outweigh your interests, rights, and freedoms. 

Your Privacy Rights

You have the right to request from the Controller, at any time, access to your personal data, their rectification or deletion, or to object to their processing. You also have the right to request the limitation of processing in the cases provided for by Art. 18 of the Regulation, to withdraw the consent given under Art. 7 of the GDPR at any time, and to obtain in a structured, commonly used, and machine-readable format the data concerning you, in the cases provided for by Art. 20 of the Regulation. Furthermore, you have the right to lodge a complaint with the competent supervisory authority pursuant to Art. 77 of the Regulation if you believe that the processing of your data violates the current regulations.