Acceptance of any order placed with Prodital Italia s.r.l. (hereinafter referred to as “we”, “Prodital Leather”, “Prodital” or “seller”) is based on the acceptance of each clause of these terms and conditions (or “these terms”, or “this agreement”) by the client (or “purchaser” or “the buyer”: the term is inclusive of his agents and representatives). This agreement supersedes any other occurring between the parties unless otherwise stated in a written document signed by an officer of Prodital explicitly referring to these terms.
Upfront payments, inclusive of shipment and additional charges, are required to initiate production. If the seller allows payments to be -even partially- deferred, then the given date must be abided by, or the purchaser will be breaching.
The minimum order for fabrics is a full hide, save for exceptions due to technical requirements.
All taxes and excises of any nature levied by governmental or local authority, either directly or indirectly, on the sale or transportation of any goods covered by this agreement shall be paid and borne by the buyer.
The purchaser will be responsible for all costs, charges and expenses Prodital will incur in while recovering any debt owed by the former.
Prodital will arrange shipping, unless the buyer specifies otherwise. Whenever the buyer takes care of the delivery, title to relevant goods and risk of loss or damage shall be the buyer’s. Any claim against the seller or the carrier for shortage or damage prior to such delivery must be made in writing within forty-eight (48) hours after receipt of shipment and accompanied by original transportation bill signed by the carrier noting that the carrier received the goods from Prodital in the conditions claimed.
Any shipment returned to Prodital or additional charges incurred because of the buyer’s unexcused delay or failure to accept delivery will require the buyer to pay all additional costs incurred by Prodital, including storage fees (equal to 3% of the value of the merchandise).
Except as specified herein, Prodital warrants that any goods sold hereunder will be free from defects in workmanship and materials for one (1) year. This warranty does not apply to damage or breakage resulting from misuse, accidents, dramatic temperature variation, abuse, neglect, mishandling or wear and tear resulting from normal use. Moreover, the warranty does not cover: (I) natural defects of the product not exceeding the normal tolerance; (II) defects caused by unsuitable condition of storage on the part of the seller or their assignees; (III) the non-compliance of products with specific details, unless such features were expressly agreed upon, as demonstrable from the correspondence.
Any complaints relating to the non-conformity with the sample or visible defects with the product at the time of the delivery must be reported to the seller in written form within 8 (eight) days from the date of receipt of goods, under penalty of default. Any complaints relating to defects which cannot be detected by means of a diligent check at the time of receipt (i.e. hidden defects) shall be communicated via registered letter, under penalty of forfeiture, within 8 (eight) days of the date of the discovery and within 6 (six) months of delivery. Moreover, the buyer will send Prodital a sample of the defective product within 8 (eight) days of the aforementioned notice, so that Prodital may subsequently replace the defective goods (or reduce the price?). In any case, Prodital’s total liability to buyer shall not exceed the price of the product or part on which such liability is based.
Samples are only indicative of the features of a product, and therefore have no binding value on the final product. Variations in color and veining are inherent to leather, and they are considered to be part of its natural beauty; likewise, many finishes are applied by hand and may vary in color, tone and aspect. While Prodital will make every effort to achieve a reasonable consistency, no liability shall arise in respect of any deviation falling under the normal tolerance. The same will apply to any product composed of leather, where an acceptable margin of stonalization (i.e. the inevitable difference in texture and shading between two parts of the same hide or between two items of the same lot) is to be expected and non-chargeable.
All quoted completion and delivery dates are estimates. Prodital may not be liable for delays in completion or default in delivery for any reason of force majeure, fortuitous event, third party responsibility or any cause beyond Prodital’s reasonable control. In any of these cases, Prodital will have additional time to perform as may reasonably necessary under the circumstances.
The buyer may ask to cancel or return an order within 8 (eight) days of its placement; in Prodital’s unquestionable judgement, changes in order, returns or cancellations may be performed (within the aforementioned deadline), charged with an additional fee of up to 50% of the net selling price plus the transportation costs. Under no circumstance may a custom order be cancelled or returned; likewise, no leather that has been cut, treated or processed by the buyer may be returned.
In case of disputes between the Parties whose value exceeds 10.000€ concerning the quality compliance the products with the technical specifications declared by the seller or with the sample approved by the purchaser, the parties will defer to the opinion of an expert. The aforementioned expert will be appointed exclusively by the Director of CTC Groupe with registered offices in Lyon (France) at the request of one party.
Insofar as they do not belong to third parties, all intellectual property rights relating to Prodital’s products and their designs, brochures and digital media belong to Prodital, and therefore may not be infringed. If an order involves a specification based on the customer’s designs, the purchaser guarantees that they do not infringe any third-party rights; conversely, they will indemnify Prodital against all third party claims incurred while performing their order.
All disputes shall be exclusively settled by the Court of Vicenza (Italy). These terms and conditions, as well as sales subject to them, are governed by Italian law.
THE AIMS OF THIS STATEMENT
This page is aimed at describing the website's administrative procedures concerning the processing of its users' personal data, that will be processed lawfully, fairly, relevantly and not excessively.
This statement is produced pursuant to Art. 13 of Legislative Decree no. 196/2003 - Personal Data Protection Code for those users who interact with the web services of Prodital Italia Srl, accessible by internet starting from the page: www.prodital.it, corresponding to the homepage of the official website of Prodital Italia Srl.
This statement only concerns the website of Prodital Italia Srl and not other websites that the user may consult through the use of link.
This statement is prompted by Recommendation no. 2/2001 implemented on 17 May 2001 by the European authorities for personal data protection, brought together in the Working Party established byArt. 29 of Directive no. 95/46/EC (download) in order to identify several minimum requisites for the collection of personal data online, and, in particular, the procedures, times and the nature of the information that data controllers must supply users when the latter connect to web pages, regardless of the purposes of connection.
THE DATA CONTROLLER
Data concerning identified or identifiable subjects can be processed following consultation of this website.
The data controller who processes this data is Prodital Italia Srl, with offices in Via Leonardo Da Vinci, 34 - 36071 Tezze di Arzignano (VI).
WHERE DATA PROCESSING TAKES PLACE
The processing operations connected to the web services of this website take place at the above-mentioned offices of Prodital Italia Srl nd are carried out only by technical personnel of the Department in charge of processing, or by persons in charge of occasional maintenance operations.
Processing occurs by means of data storage in electronic archives at the company , whose access to the data is limited to maintenance procedures in compliance with the provisions in enclosure B.
No data deriving from the web service shall be communicated or disseminated.
The personal data supplied by the users who request dispatch of informative material (newsletters, information, catalogues, CD-ROMs, etc.) are used with the sole purpose of supplying or performing the service requested and are communicated to third parties only if necessary for this purpose (dispatching services of Prodital Italia Srl).
THE TYPES OF DATA PROCESSED
The computer systems and software procedures in charge of the website's operation acquire, during their normal operation, some personal data (so-called log files) the transmission of which is implicit in the use of internet communication protocols.
This information is not collected in order to be associated to identified data subjects, but due to its same nature can, by means of processing and integration with data held by third parties, allow users to be identified.
This category includes the IP addresses or domain names of the computers used by the users to connect to the website, URI (Uniform Resource Identifier) form addresses of the resources requested, the time of the request, the method used to submit the request to the server, the size of the file obtained in reply, the numerical code indicating the status of the reply given by the server (done, error, etc.) and other parameters concerning the user's operating system and computer environment.
These data are used with the sole purpose of obtaining anonymous statistical information concerning the use of the site and to check its correct operation. These data can be used to ascertain responsibility in the case of hypothetical computer crimes to the detriment of the website and can be communicated to the Judicial Authority, in the event that the latter explicitly requests such data.
Data supplied voluntarily by the user
The optional, explicit and voluntary dispatching of electronic mail to the addresses indicated in this website entails the subsequent acquisition of the sender's address, necessary in order to reply to the requests, and also any other personal data contained in the message.
Specific concise information concerning personal data shall be cited or visualised in the web pages dedicated to particular services on request.
INFORMATION ABOUT COOKIES
What is a cookie?
A cookie is a small text file that is stored by the computer when a website is visited by a user. The text stores information that the site is able to read in the moment in which it is seen at a later time. Some of these cookies are necessary to the site to work properly, while others are useful to the visitor because they can safely store such as user name or language settings. The advantage of having the cookies installed in your pc is that you no longer need to fill out the same information every time you want to access a site you visited before.
First-party cookies are generated by the manager of the site the user is browsing. This category include technical and performance cookies. Technical cookies are used for the transmission of session identifiers (consisting of random numbers generated by the server), which allow a safe and efficient navigation of the website; Performance cookies are used for statistical purposes, for the detection of unique users, viewed or downloaded content etc. Google Analytics, for example, works using this type of cookies. Data are stored anonymously and used as an aggregate. To disable Google Analytics cookies, you can use a special tool made available by Google itself. To install, click here.
Third-party cookies, such as that are generated by the "Like" button in Facebook, are generated and used by a different party from the manager of the site on which the user is browsing, based on agreements between the website owner and a third party. Some advertisers use these cookies to track your visits on sites where they offer their services.
How can I disable cookies?
You can easily modify browser settings to turn off cookies. Warning: when you disable cookies your username and password will be no longer stored on the login box of the site.
SUBMITTING DATA IS OPTIONAL
Excepting for that specified for navigation data above, the user is free to provide personal data contained in the request forms to Prodital Italia Srl or indicated in contacts with the Office to request the dispatching of informative material or other communications.
Failing to submit personal data may make it impossible to process the request.
It must be remembered that in some cases (not object of the ordinary administration of this website) the Authority can request information pursuant to Art. 157 of Legislative Decree no. 196/2003, for the purposes of checking personal data processing. In these cases reply is obligatory under penalty of a fine.
DATA PROCESSING PROCEDURES
Personal data are processed by computerised means for the time necessary to realise the purposes for which they were collected.
Specific security measures are observed in order to prevent the loss of data, unlawful or incorrect use and unauthorised access.
DATA SUBJECTS' RIGHTS
The subjects to whom the personal data refer have the right, at any time, to obtain confirmation as to whether such data exists and to know its content and source, check its accuracy or request its integration, updating or rectification (Art. 7 of Legislative Decree no. 196/2003.).
Pursuant to the same article the Data Subject has the right to obtain the erasure, anonymisation or blocking of data that has been processed unlawfully, and also to object in any case to its processing, on legitimate grounds.
Such requests shall be made to Prodital Italia Srl.