General Terms and Conditions of Sale

 

Megabit Srl, with registered office in 39030 Falzes (BZ), Bachla 6C, VAT No. IT02748920218, registered in the Companies Register of the Chamber of Commerce of Bolzano, entry BZ No. BZ-202429, e-mail: info@megabit.eu, Tel. +39 0474 530098, PEC info@pec.megabit.eu (hereinafter the “Seller”);

Whereas:

• the Seller operates the website megabit.eu (hereinafter the “Website”);
• the Website is intended for business-to-business (B2B) transactions;
• the term “General Terms and Conditions” refers to the sales contract for the Seller’s products, concluded between the Seller and the Buyer within the framework of a distribution system organized by the Seller for distance selling;
• the trademark and logo of the Website are the exclusive property of the Seller;
• these General Terms and Conditions govern distance sales between the Seller and the business Buyer, who expressly declares that the purchase is made for purposes related to their commercial, business, craft, or professional activity;
• these recitals form an integral and essential part of the contract;

The following has been agreed:

 

1. Subject Matter of the Contract

1.1. These General Terms and Conditions, made available to the Buyer for reproduction and retention, govern the distance purchase, through remote communication means, of the Seller’s products.

1.2. Under this contract, the Seller sells and the Buyer purchases remotely the products listed and offered for sale on the Seller’s Website (in particular hardware, software, and service solutions). These General Terms and Conditions also apply to future transactions with the Buyer without the need for specific reference in each case.

1.3. The essential characteristics of the products are described on the Seller’s Website. Product images do not necessarily reflect the exact features, and the delivered product may differ slightly. Images, dimensions, descriptions, weights, or performance data are binding only if expressly agreed in the contract; otherwise, the Seller reserves the right for possible errors.

1.4. The Seller undertakes to deliver the selected products – subject to availability – upon payment of the corresponding amount pursuant to Art. 3 of this contract.

1.5. The products offered under this contract must be used in accordance with the instructions provided with them.

 

2. Acceptance of the General Terms and Conditions

2.1. All orders are submitted by the Buyer to the Seller by completing the specified ordering process.

2.2. These General Terms and Conditions as well as the Privacy Policy must be reviewed “online” by the Buyer before completing the order. To accept the terms, all sections of the online form must be completed correctly and accurately, following the on-screen instructions, and finally the checkbox “ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS” must be ticked. The Buyer will also be presented with the Privacy Policy, in relation to which consent to the processing of personal data may be granted or denied.

The transmission of the order by the Buyer implies full knowledge and acceptance of these terms.

2.3. The Buyer undertakes to fully and unconditionally accept the business and payment conditions described below and to comply with them in their business dealings with the Seller. The Buyer declares that they have read and accepted all of the Seller’s information (within the meaning of the above provisions), and acknowledges that the Seller is not bound by any other terms unless previously agreed in writing.

 

3. Sales Prices and Ordering Procedures

3.1. The product prices indicated on the Website apply to delivery or collection (depending on what is stated in the order confirmation). Prices are in Euro, excluding VAT. Prices on the Website are indicative and must be expressly confirmed by the Seller via e-mail, which constitutes acceptance of the order. The Seller reserves the right to change prices on the Website. Unless otherwise stated, Megabit GmbH will adhere to the prices contained in offers for 14 days.

3.2. At the Buyer’s request, goods may be delivered by a carrier appointed by Megabit GmbH, at the Buyer’s expense and risk. Shipping/transport costs, which vary depending on the item and destination country, are calculated during the order process and clearly displayed to the Buyer.

The costs for delivery to the Buyer’s address as well as any fees, taxes, duties, or customs charges are borne by the Buyer, except for exceptions and deviations announced on the Website and/or communicated by e-mail.

3.3. The Buyer may select products from the electronic online catalog at megabit.eu and place them in the shopping cart without obligation. The cart contents can be viewed, modified, or removed at any time. After confirming the cart, the Buyer must correctly and completely fill in the order form and give consent to purchase online. The order process can be canceled at any time by closing the browser.

Receipt of the order is not binding on the Seller until expressly accepted by e-mail. Once product availability has been verified, the Seller confirms formal acceptance by e-mail, summarizing the order details.

3.4. The Buyer expressly grants the Seller the right to accept the order only partially (for example, if not all products are available). In this case, the contract is deemed concluded for the goods actually sold. Likewise, the Buyer grants Megabit GmbH the right to make partial deliveries within a reasonable scope.

 

4. Conclusion of the Contract

4.1. The sales contract concluded via the Website is established when the Buyer receives the formal order confirmation e-mail, by which the Seller accepts the Buyer’s order and confirms execution. The contract is deemed concluded at the Seller’s registered office.

A contract may also be concluded through the Buyer’s written or verbal order if followed by a written order confirmation from Megabit GmbH.

4.2. Oral side agreements or assurances by employees of Megabit GmbH that contradict or exceed the content of the written contract are invalid.

 

5. Payment Terms

5.1. All payments must be made in accordance with the contractually agreed terms and deadlines.

5.2. Payments by the Buyer may only be made in the following forms:

a) RIBA / RID;

b) Advance bank transfer: to the Seller’s account at Raiffeisenkasse Bruneck, IBAN: IT84D0803558242000300013692, BIC: RZZSBIT21005.

5.3. Goods will only be shipped after the bank transfer has been completed.

 

6. Delivery Terms

6.1. The Seller will deliver the products ordered using a courier service to the address provided by the Buyer.

6.2. Delivery is expressly at the Buyer’s risk. Risk transfers to the Buyer once the goods are handed over to the carrier or, in the case of collection, to the Buyer. If delivery is delayed due to circumstances attributable to the Buyer, risk and storage costs pass to the Buyer from the date of readiness for dispatch.

6.3. All orders are accepted subject to availability (and timely delivery to Megabit GmbH). If delivery becomes impossible for reasons not attributable to the Seller, the Seller is entitled to withdraw from the contract. Claims for damages due to non-fulfillment are excluded, except in cases of intent or gross negligence by the Seller (including employees/agents) or breach of essential contractual obligations.

6.4. The Seller is not liable for late or undelivered goods due to incorrect or incomplete address details provided by the Buyer.

6.5. Delivery times indicated on the Website, in the order confirmation e-mail, or otherwise communicated are always indicative and non-binding. Claims for damages or other rights in connection with delays are excluded unless otherwise agreed in writing. Delivery times abroad are communicated on a case-by-case basis. If the Seller is unable to deliver within the specified time, the Buyer will be notified by e-mail. Delivery times refer to the handover to the carrier. Unless a fixed-date transaction has been agreed, delivery dates may be exceeded by one week without Megabit GmbH being in default. In the event of force majeure or unforeseen circumstances beyond the Seller’s control, the delivery period is extended by the duration of the impediment. Megabit GmbH will inform the Buyer immediately. If performance becomes impossible or excessively difficult due to such events, Megabit GmbH may withdraw from the contract.

6.6. Upon receipt of goods, the Buyer must verify that the product matches the order before signing delivery documents. In the event of defects, the Buyer must notify the Seller immediately (within one week) in writing. Otherwise, the goods are deemed accepted, unless it is a hidden defect not detectable upon receipt. Hidden defects must be reported within 8 days of discovery. For duly reported defects, the Seller may provide replacement or repair. The Seller may refuse remedy if the Buyer has not paid a reasonable portion of the purchase price.

6.7. Damage occurring during transport must be reported immediately to both the carrier and the Seller.

6.8. Delivery is possible to the following countries: Italy, Austria, Germany.

 

7. Liability

7.1. The Seller shall not be held liable for disruptions in the provision of the service due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, pandemics, epidemics, or similar events that prevent, in whole or in part, the performance of the contract within the agreed timeframe.

7.2. The Seller shall not be liable to the Buyer, except in cases of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet and which are beyond the Seller’s control.

7.3. The Seller shall not be liable for damages, losses, or costs incurred by the Buyer as a result of failure to perform the contract for reasons not attributable to the Seller, the Buyer having only the right to a refund of the amount paid.

7.4. The Seller assumes no liability for fraudulent or unlawful use by third parties of credit cards, checks, and other means of payment at the time of payment for purchased products, provided it proves that it has adopted all possible precautions according to the best state of knowledge and ordinary diligence.

 

8. Warranties and Methods of Assistance

8.1. The products sold enjoy the legal guarantee against defects provided for by Italian law and applicable European directives.

8.2. The Seller guarantees that the delivered goods are free from defects that substantially reduce their value or suitability for their intended use.

8.3. The warranty is excluded if the defect is due to improper use, storage, transport, or handling of the goods by the Buyer or third parties.

8.4. In the event of defects duly reported and acknowledged, the Seller may, at its discretion, repair, replace, or refund the goods.

8.5. Warranty claims must be made in writing by the Buyer within the time limits set out in Art. 6.6.

 

9. Buyer’s Obligations

9.1. The Buyer undertakes to pay the price of the purchased goods within the time and in the manner specified in the contract.

9.2. The Buyer undertakes, once the online purchase process has been completed, to print and retain these General Terms and Conditions.

9.3. The information contained in these General Terms and Conditions has already been viewed and accepted by the Buyer, as this step is mandatory before confirmation of purchase.

 

10. Grounds for Termination

10.1. The Buyer’s breach of the obligations set forth in Art. 9 of these General Terms and Conditions, as well as failure to pay the price of the purchased goods, constitutes grounds for automatic termination of the contract pursuant to Art. 1456 of the Italian Civil Code, without the need for judicial intervention.

10.2. Termination of the contract for reasons attributable to the Buyer entitles the Seller to retain, as a penalty, any sums already received, subject to greater damages.

 

11. Right of Withdrawal

11.1. Since the contract is concluded between two businesses, the provisions on the right of withdrawal in favor of consumers (pursuant to Legislative Decree 206/2005 – Consumer Code) do not apply.

11.2. The Buyer, therefore, has no right of withdrawal from this contract.

 

12. Notifications

12.1. Except where expressly provided otherwise, all communications relating to this contract must be made in writing and sent to the Seller by registered mail with return receipt or PEC (certified e-mail) to the addresses indicated above.

12.2. Communications sent by registered mail shall be deemed received on the date of receipt, as evidenced by the return receipt. Communications sent by PEC shall be deemed received on the date of dispatch.

 

13. Processing of Personal Data

13.1. The Seller is the Data Controller of the personal data communicated by the Buyer.

13.2. Personal data shall be processed exclusively for the purposes connected with the performance of this contract, in compliance with the applicable legislation (EU Regulation 2016/679 – GDPR).

13.3. For further information on the processing of personal data, the Buyer may consult the Privacy Policy available on the Seller’s Website.

 

14. Applicable Law and Jurisdiction

14.1. This contract is governed by Italian law.

14.2. For any dispute relating to the validity, interpretation, performance, or termination of this contract, the Court of Bolzano shall have exclusive jurisdiction.

 

15. Final Provisions

15.1. This contract cancels and replaces any previous written or oral agreement between the parties concerning the same subject matter.

15.2. Should any provision of this contract be declared invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.3. Any changes or additions to this contract must be made in writing.