You are kindly requested prior to any purchase to carefully read 
the present General Terms and Conditions.

By making a purchase, you are confirming that you have read
the present General Terms & Conditions of Sale
and that you agree to be bound by them.

1. Scope and Applicability

These General Terms & Conditions of Sale (hereinafter “General Terms”) shall apply between PRIMA ELECTRO S.p.a. (hereinafter “PRIMA”) and its professional customers, identified by an IVA tax number in Italy or a EU VAT code number in European Union (hereinafter “Customer/s”) with respect to any sale of hardware products supplied by PRIMA (hereinafter “Products”) through the site eshop.primaelectro.com (hereinafter “PRIMA e-shop). 

PRIMA reserves itself the right to change the site, the policies and the present General Terms at any time in order to offer new products or to comply with law and regulations. The Customer shall be subject to the policies and General Terms then in force at the moment of the purchase order, except for the case changes in policies have been caused by applicable laws or competent authorities (in such a case, changes shall be applicable also to Customer’s previous orders). If one or more provisions in these General Terms are null and void or should become null and void, the remaining provisions in these General Terms shall remain valid in full force and effect.

2. Contract

PRIMA e-shop site is intended for professional clients and the Products can be purchased by Customers with IVA tax number in Italy or a EU VAT code number in European Union, such tax codes shall be necessarily indicated during the third phase of on-line purchasing process. Customers outside EU and/or not having a Italian IVA / EU VAT tax number cannot purchase through the PRIMA e-shop; such Customers shall contact PRIMA by e-mail using the contact area on the right side of PRIMA e-shop.

span lang="en-us" xml:lang="en-us">The display of Products on the PRIMA e-shop site is a call for offers. If Customer intends to purchase one or more Products there displayed he shall select items one by one and add them to his cart. After having selected all Product the Customer is willing to purchase, he can close the cart (“Check-out” button) and start the purchasing process

The Products selected will be listed with relevant price and duties (Phase 1: SUMMARY). The next step (Phase 2: LOGIN) the Customer will be requested to login in the reserved area (for new Customers registration will be requested) through login with e-mail and password. The three next steps (ADDRESS – DELIVERY – PAYMENT) the Customer will be requested to indicate its options for delivery, General Terms acceptance, payment. At the end of the fifth step the Customer will find the “Order” icon, to be clicked to send the order to PRIMA. Then the order will be considered as a purchase offer regarding listed Products, individually considered. After having received the order, PRIMA e-shop shall automatically send to the Customer an order acknowledgement, which does not constitute an acceptance of the Customer’s purchase offer, but a confirmation that PRIMA has received the order and will verify the information and payment terms.

The sale and purchase contract between PRIMA and Customer shall be completed only when PRIMA will send via a separate e-mail to Customer an order confirmation and acceptance with delivery and shipment details. Customer shall be free to cancel his order at no cost before the PRIMA order confirmation and acceptance, except in the event PRIMA has already prepared the Products shipment. The Customer is entitled to withdraw the order pursuant to article 3.

3.Orders cancellation and orders assignment

After order confirmation and acceptance by PRIMA, orders can be cancelled by Customers only with written approval by PRIMA and according to terms and conditions set forth by PRIMA on a case-by-case basis. In general orders’ cancellation shall be requested in writing and the cancellation conditions possibly set forth by PRIMA depend on the expenses incurred and commitments undertaken by PRIMA at the date of receipt of Customers’ written cancellation request. The Customer is not entitled to assign the contract, or any of its obligations, to any other subject without PRIMA’s prior written consent

4. Customer Account

In order to make a purchase at PRIMA e-shop site, Customer shall be registered and shall have an account on the reserved area. At the end of registration process, PRIMA shall send to Customer a welcome e-mail containing registration data (login and password). Customer is responsible for maintaining the confidentiality of the password and account and computer access and is fully responsible for all activities that occur under such password or account within the limits set forth by applicable law. Customer shall ensure to the best of their abilities the confidentiality of password and shall immediately notify PRIMA of any unauthorized use of Customer's password or account or any other breach of security by third parties. Customer shall provide current and complete information about itself and shall immediately notify PRIMA of any change. Customer shall be entitled to access and update its registration data in the area “My Account”; in such personal area Customer will find the status and history of placed orders.

In the event of infringement of applicable law or breach of these General Terms PRIMA reserves the right to suspend or cancel any Customer's access or account and to remove or change at its discretion the contents of the website

5. Prices

Prices indicated in PRIMA e-shop are exclusive of all applicable taxes of any kind, as well as of transportation and insurance charges and of custom duties, which will be borne by Customers. In case of delivery outside Italy, the Customer may be subject to import duties at destination. Any additional import clearance will be at Customer’s charge. Given that duty rates, customs clearance, and entry processes vary from country to country, when Customer place an order at the e-shop shall be considered as importer and shall fulfill any regulation or procedure of the Products destination country.

6. Invoicing

Invoices shall indicate the purchased items, delivery expenses and duties. Invoices shall differ as follows:

(a) Italian Customer. Invoice shall indicate amount due as IVA (Italian value added tax) at the rate then in force. Customer shall have registered its IVA no. during the registration process and shall pay to PRIMA the relevant amount.

(b) European Customer. Invoice shall not include the IVA amount (according to art. 41 of Italian D.L. 331/93). Customer shall have registered its VAT no. during the registration process and shall be responsible of taxes payment in its country of origin.

(c) Extra EU Customer. Invoice shall not include the IVA amount (according to art. 8 of Italian D.P.R n. 633/72).

7. Payments

All payments shall be effected in EURO upon order’s acceptance by PRIMA, through bank transfer (reporting as payment description the order’s number) or through Paypal. If no payment is made by Customer, PRIMA shall suspend immediately the order’s performance.

8. Delivery

Products shall be delivered EXW Incoterms ICC 2010 PRIMA premises in Moncalieri (TO) or Barone Canavese (TO), Italy, as set forth in PRIMA’s offer or order confirmation. Invoice shall include any transport or shipment cost incurred by PRIMA on behalf of Customer. Should PRIMA appoint a carrier, this shall be considered done on behalf of the Customer, therefore the passing of risk and the other consequences of above delivery term shall not be altered thereby and the Customer shall remain fully responsible for all damages attributable to transport. Such possible damages shall be noticed by the Customer to the carrier, upon Products’ delivery, by means of an express written reservation on the delivery documents, and to PRIMA, by means of a detailed and written notice thereof to be received by PRIMA no later than 15 (fifteen) days from delivery. The present condition attributing to Customer all transport costs and risks applies to all Products (and parts) deliveries, including Products (and parts) to be delivered in connection with repair or substitution.

Delivery dates are indicative only. As set forth by art. 7, PRIMA is entitled to withhold or cancel deliveries at any time if the Customer is not regularly fulfilling its payment obligations, even for different supplies.

9. Packaging

Unless otherwise specified by PRIMA in the e-shop, offer or order confirmation, Products’ price include standard PRIMA packaging. Different or additional packaging requested by the Customer or by the carrier appointed by the Customer or on behalf of the Customer shall entitle PRIMA to charge the related cost to the Customer.

10. Warranty

Products shall be in compliance with the Products’ technical specifications set forth in the e-shop, offer and in the order confirmation and/or in the technical documentation and therefore free from any faults attributable to PRIMA in material or workmanship. Warranty provisions will differ depending on whether the Product purchased by Customer is new or reconditioned:

  • New Products: warranty period is 12 (twelve) months from date of delivery of Products to the Customer, unless otherwise set forth in the e-shop, in the offer or in the order confirmation, provided that the Products are installed and at all times handled properly and anyhow following PRIMA’s instructions. In case of replace or repair, any repaired or substituted Product shall be warranted for 6 (six) months from PRIMA’s repair or substitution or until the end of the Product’s original warranty period, whichever term expires later.
  • Reconditioned Products: warranty period is 90 (ninety) days from date of delivery of Products to the Customer, unless otherwise set forth in the e-shop, in the offer or in the order confirmation. In case of replace or repair, any repaired or substituted Product shall be warranted for 30 (thirty) days from PRIMA’s repair or substitution or until the end of the Product’s original warranty period,, whichever term expires later.

The Customer shall be entirely responsible for the use it makes of the Products and no warranty activity shall be performed by PRIMA in case of improper or negligent use, installation, maintenance or repair or change in Products made by Customer or third parties, accidents, wear and tear, abnormal deterioration due to physical, electric or electromagnetic conditions of the place of installation choose by the Customer.

To benefit of the present warranty the Customer shall inspect the Products promptly upon delivery and shall notify to PRIMA any defects, in detail and in writing, within 15 (fifteen) days from delivery or, in case of hidden defects, from discovery (and anyhow within the warranty term set forth above).

In case of warranted defects, PRIMA undertakes to perform warranty exclusively by means of the remedies herein set forth, i.e to replace or repair, at its own choice, the defective Products at PRIMA’s premises, free of charge for the Customer (though being all packaging and transportation costs at Customer’s charge) or alternatively by means of a credit note for an amount equal to the purchase price paid for the Product issued by PRIMA upon return of defective Product to PRIMA.

Replacement Products could be at PRIMA’s option new or reconditioned.

The defective Products shall be returned to PRIMA’s premises at the Customer’s expenses and in the original packaging, according to PRIMA’s directions. Products returned in breach of the present conditions or PRIMA’s instructions or damaged will be rejected.

Should the new substitutive Products be anticipated, at its own choice, by PRIMA, the Customer may be bound, at PRIMA’s own discretion, to pay a deposit and anyhow to deliver to PRIMA the defective Products. Should such Products not be found defective by PRIMA, or found damaged or affected by different defects then the warranted ones or not be delivered to PRIMA at the above conditions within 1 (one) month from substitution performance by PRIMA, the Customer shall be bound to pay to PRIMA the full in force price of substitutive Products anticipated by PRIMA. In case of substitution, the substituted defective Products (or parts) shall become PRIMA’s property, unless the substitutive Products have been fully paid by the Customer, as set forth above.

To allow PRIMA perform its warranty obligations, the Customer shall provide all such reasonable assistance as PRIMA may request, including telecommunication connections (if available) and provision of sample output and other diagnostics information. All warranty interventions shall be performed by PRIMA at its premises and PRIMA shall have no obligations to make on-site visits, unless otherwise agreed between the parties and anyhow upon reimbursement of travel and living expenses.

PRIMA shall only be bound to provide the exclusive remedies set forth in the present General Terms, that shall be in lieu of all other remedies available at law, PRIMA shall therefore not be liable for any additional costs and expenses incurred by the Customer or for any damages (including loss of profits) arising out of the use or inability to use any Products: PRIMA DISCLAIMS ANY AND ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANDABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVISE GIVEN BY PRIMA, ITS DISTRIBUTORS, AGENTS, EMPLOYEES CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVISE.

11. Intellectual Property Rights

PRIMA retains ownership in any and all industrial and intellectual property right connected with the Products, including, but not limited to, designs and drawings, ideas, processes, methods and inventions, patentable or otherwise, together with patterns, know-how, skills and techniques, tooling-up and all other Products’ descriptive technical documentation. Therefore the sale of any Product by PRIMA shall not in any way confer upon to the Customer, or upon anyone claiming under the Customer, any express or implied license to any intellectual property rights of PRIMA or of its licensors, unless otherwise agreed between the parties in writing. Customers shall not have to reproduce the manuals of the Products, unless authorized in writing by PRIMA and towards the requested fees.

12. Force Majeure

PRIMA shall not be liable for failure to perform its obligations due to the occurrence of conditions not under its direct control. This includes, among others: natural events, including earthquake and flooding, military or civil authority unrest, fire, epidemic, war, insurrection, embargo, energy restrictions, transportation disorders, strikes (including company strikes) and any cause not resulting directly from PRIMA. If delays should occur, delivery dates shall be postponed for the time necessary to eliminate the causes of delay.

13. Export Control and Other Legislative Requirements / Restrictions

The Products may be subject to laws governing their export or be subject to other legislative requirements/restrictions in Italy, in the country of the Customer or of its customers. The Customer is therefore responsible for the export of the Products and shall hold PRIMA harmless of any and all obligations and fulfilment thereof and from any and all responsibilities, including damages, deriving to the Customer or to the latter’s customers in connection with the above rules and procedures.

14. Disputes

The present General Terms and any and all contracts entered into between PRIMA and the Customer shall be subject to Italian law and all disputes arising out or in connection with the present General Terms and any and all contracts entered into between PRIMA and the Customer shall be exclusively settled by the Court of Torino.

15. Privacy

Customer hereby authorizes PRIMA to process its personal data with the aim of pursuing the scopes strictly related to the performance of the services, pursuant to the privacy informative report according to article 13 of D. Lgs 196/03, in electronic, telephonic and hard-copy form. The giving of personal data is optional, however refusal may lead to the partial or non-performance of the services. The data may be communicated to, or come to the knowledge of, third parties, data processors and persons in charge of the processing, both in Italy and abroad, such suppliers, consultants, co-workers and employees of PRIMA and of other companies controlled or anyhow participated by PRIMA or companies that control PRIMA or under common control, in the ordinary PRIMA’s activities (i.e. organizational, accounting, financial, administrative) strictly related to the services performed under these General Terms, and in any case so as to guarantee their safety and confidence, through protective measures which prevent the access to data from unauthorized persons.

As indicated in the privacy informative report in the e-shop website, the data controller is the Prima Electro S.p.A., with registered offices in strada Carignano 48, Moncalieri (TO), and data processor in case of exercise of data subject's rights is Prima Electro S.p.A. tel.:+39-011.9899.800 - fax: +39-011.9899.804),  to which data subjects may require, as set forth by art. 7 of Legislative Decree 196/2003, mainly the confirmation of the existence of their data, the communication thereof, the indication of the related origin and of the purposes, method and logic of the processing, the identification data of the data controller and of any data processors and persons to whom data may be communicated or that may come to the data's knowledge, the update, rectification and integration of the data and, in the case of data processed unlawfully, the erasure, transformation into anonymous form or blocking thereof, as well as object, in whole or in part, to the data processing for lawful reasons.