1. Overview – This website www.mypcbstore.de (hereinafter only “the Website”) is owned by Alba Elettronica s.r.l., with registered office in Mogliano Veneto – Treviso, Via L. Da Vinci no.3, tax code IT02155920263 and Treviso Company Register registration no.191098. The Website is dedicated to online Supplier (Alba Elettronica S.r.l.) supplies to the Customer (the party, individual or company using the Website) of printed circuit boards (“PCB”) produced by the Supplier, in compliance with – where applicable – laws on contracts signed at a distance pursuant to arts. 50 and subsequent of the Italian consumption code (Legislative Decree 206/2005), and e-commerce regulations pursuant to Legislative Decree no. 70/2003 and, for what concerns safeguarding confidentiality, provisions in Legislative Decree no. 196/2003.
2. Field of Application. Each purchase order sent by the Customer to the Supplier through the Website will be regulated by the General Conditions. On transmitting an order, the Customer declares that it has read, understood and unconditionally accepts these General Conditions. The Supplier reserves the right to modify the General Conditions at any time, publishing a new version in the Website. Conditions applicable to the single order are those published in the Website when the order is made. Before each purchase, the Customer must read these conditions carefully, saving both a paper and a digital copy.
3. How the contract is concluded. The order sent through the Website must be complete in all parts. Together with the order – sending files in one of the formats given – the Customer will provide the Supplier with circuit board drawings containing indications complying with Website specifications. Sending in the order will bind the Customer, not the Supplier, until the latter accepts the order itself. The Supplier will inform the Customer that the order has been accepted by email. Said mail will contain a summary of products purchased, relative prices, delivery date and general and special conditions applicable to the order itself. At time of acceptance, the Supplier can ask the Customer for certain specifications on the gerber files received from the latter. If it should not receive said Customer specifications within 24 hours of the request made, the Supplier can start processing the PCBs based on methods and criteria deemed suitable and/or complying with its own standards. At its own discretion, the Supplier reserves the right to refuse to execute certain orders or not execute orders accepted especially in a situation of prior non payments and invoices not settled or if it should learn of conditions that block the contract (e.g. a person being under age) that were not mentioned during registration.
4. Products. Products are the PCBs presented in the Website which can be purchased through it. Products delivered could differ in graphics or packaging to those shown in the Website. This does not imply any Supplier liabilities. The Supplier reserves the right to change, eliminating or adding, the product choice displayed at its final judgement
5. Prices. Prices applicable for the Products ordered are those in the Website on the date the order is transmitted and exclude VAT. For sales to non-consumer Customers resident in or outside the EU, tax regulations in force will be applied. Any special offers for products displayed will be highlighted in the Website. The price does not include shipping costs which will also be indicted in the Website when the order is made. They will vary based on place of shipment, pack weight/size and size of order. Any special delivery cost offers will be given in the Website each time. The Supplier reserves the right to modify the price of Products ordered if drawings and documents supplied by the Customer when sending the order should not comply and/or be compatible with standards and technical specifications indicated in the Website for each Product.
6. Payment. Payment must be made at the time of order by credit card (choosing from amongst those indicated). You can only use one card type to cover the whole purchase amount. Credit card data will be crypted during the transaction for security reasons.
7. Delivery. All Product orders confirmed by the Supplier will be delivered to the shipping address specified in the order. Unless specified otherwise in the Website or when the order is confirmed, transport times – to be considered indicative and in no way essential – are 24 hours for Italy, 48 hours for Europe and 48 hours for the rest of the world. In any case, said times only refer to transport and will start from when processes requested by the Customer have been completed, in compliance with times requested by the Customer itself when the order is sent and accepted by the Supplier. Times for processing requested by the Customer when the order is sent will start from acceptance. Products may also be delivered in separate shipments when technical and logistic needs make it necessary. For orders made by Customers defined as “non-consumer” pursuant to laws in force, Product transport will take 48 hours. However, the supplier cannot be held responsible for any loss, damage or non delivery caused by events and/or force majeure or fortuitous circumstances such as, as a mere example: natural calamities, bad weather conditions, any strikes, accidents to vehicles, etc.
8. Non delivery. If the goods should not be delivered because of the Customer , the order will be cancelled and the Supplier will keep the price paid as a penalty and supply expenses.
9. Right to withdraw. The Customer referred to as a “consumer” pursuant to art.3 letter a) Consumption Law Legislative Decree 205/2006 (or those whose purposes do not concern any entrepreneurial activity) acknowledges that the PCBs supplied through the Website are customised for each Customer so, in accordance with art. 55 of the Consumption Code, has no right to withdraw for orders sent through the Website in accordance with art. 64 of said Law. Therefore, with reference to orders sent via the Website, neither “consumer” nor “non consumer” Customers have the right to withdraw from the agreement.
10. Responsibility – non conforming products. The Supplier guarantees that Products supplied conform to the contract and, in particular, with Website technical specifications and were made in compliance with sector standards in force. The Supplier does not guarantee operations related to drawings and specifications supplied by the Customer. If the PCBs – though complying with the contract and Customer specifications – should not work, the Supplier is not obliged to provide any guarantee. In particular, acceptance of the order by the Supplier after the Customer has sent drawings and documentation may in no way be valid as acceptance of said documentation and/or as acknowledgement that the data indicated therein is correct. In the order acceptance stage, the Supplier just controls documents received from the Customer in a standard manner to check their conformity to the technical Website specifications. The Supplier in no way guarantees that Products satisfy specific purposes and/or uses. The Customer is responsible for ascertaining that they are suitable or compatible before sending in the order. The Customer must check quantity and good state of goods when they are delivered, pointing out any irregularities to the shipper and signing the delivery note with reserve. In any case, informing the Supplier by and no later than 8 days from said receipt, under penalty of cancellation. If the Customer should feel that the product does not conform with what was stipulated in the contract, or is defective, it must mail the Supplier immediately including all references, to the email address: email@example.com. It must then return the product in accordance with instructions in art. 11 below “Returning goods”. The Supplier will examine the returned Product informing the Customer by email or phone in a reasonable period of time as to whether it intends to replace the product or repair it in guarantee. If Consumer Protection laws apply to the contract, regulations in the Consumption Law will be applied. On the contrary, Italian Civil Code selling regulations will apply. No guarantee will be valid for Products returned to the Supplier after being tampered with or repaired by the Customer or by third parties; or for Products that have been used negligently by the Customer.
11. Returning goods. If there should be a complaint about product defectiveness/non conformity in compliance with art.10 above, the Customer may return the product by returning it to the shipper and/or at its own expense (which for returns re product non conformity/defects will be refunded if a defect is ascertained and guarantee intervention is carried out) . The Supplier is not responsible for any losses or damage during shipment. We advise insuring the shipment. SHIPMENTS WITH EXPENSES PAID BY THE ADDRESSEE WILL NOT BE ACCEPTED unless authorised in advance by the Supplier.
12. Liability limits. With reference to Products purchased through its Website, Supplier liability will still be limited to the Product purchase price. It is understood that the Supplier can in no way respond for indirect, consecutive (including any damage to third parties) damage directly or indirectly resulting from Products supplied. The Supplier can in no way be held responsible if drawings and documentation supplied by the Customer when the order was sent should be covered by patent or third party rights. In any case, the Customer undertakes to relieve and safeguard the Supplier against any prejudicial consequences if use of said documentation should prove to be illegitimate.
13. Customs regulations. If delivery should be outside national borders, the Customer will be subject to laws and regulations in force in the country shipped to and also for any payment of additional customs clearance charges, entirely its liability and which, considering the different national laws, cannot be known in advance. For said purpose, the Customer must contact its local Customs office.
14. Law applicable and Jurisdiction. This Agreement is regulated by Italian law. Treviso -Italy Court of Law holds exclusive jurisdiction over any dispute arising over purchase of the Products through the Website or related to the application, interpretation and execution of these general conditions. If the Customer should be a “consumer” (pursuant to art. 3 letter a, Legislative Decree 205/2006) competence will lie obligatorily with the judge of where the consumer has its residence or domicile if in Italy.