General Terms and Conditions


1. GENERAL CONDITIONS

1.1 All offers, contracts and agreements between Bechtle direct S.r.l., its customers and third parties are subject to these Terms and Conditions. Customers’ General Terms and Conditions are not recognised by Bechtle direct S.r.l.


1.2 Bechtle direct S.r.l. offers its products and services exclusively to medium-sized and large enterprise and public-sector organisations.


1.3 The General Terms and Conditions shall be deemed to be known upon their publication on www.bechtle.it or upon receipt via post or e-mail.


1.4 Placing an order with Bechtle direct S.r.l is tantamount to your acceptance of these General Terms and Conditions.


1.5 The Customer’s consent to these General Terms and Conditions also extends to all subsequent commercial relationships, even when no reference is expressly made to them. They remain valid until they are superseded by a new version published by Bechtle direct S.r.l. at its own discretion.


1.6 All offers, orders, contracts and general agreements made by Bechtle direct S.r.l. are subject to the following without exception: General Terms and Conditions, a written order confirmation from Bechtle direct S.r.l., as well as all other terms and conditions contained within the documents provided by Bechtle direct S.r.l. during negotiations, conclusion and performance of a contract.

 

1.7 Any deviating and/or conflicting provisions/agreements to these General Terms and Conditions are null and void in relation to Bechtle Direct S.r.l.


1.8 Any changes and/or amendments to these General Terms and Conditions requested by Customers or third parties only apply when they are made and confirmed in writing by Bechtle direct S.r.l. management.


1.9 Should one or several provisions of the General Terms and Conditions prove to be partly or wholly invalid, this shall have no influence on the validity of the remaining provisions.


1.10 All Bechtle direct S.r.l. contracts are purchase contracts.

 

 

2. TECHNICAL AND COMMERCIAL DOCUMENTS

2.1 All information regarding products sold by Bechtle direct S.r.l., e.g. dimensions, weight, colour, power consumption, etc., brochures, newsletters, photos and videos, etc. serve as guidance only and are not considered binding for Bechtle Direct S.r.l. Bechtle direct S.r.l. is not liable for printing or communication errors.

 

 

3. CONTRACT CONCLUSION

3.1 Customer orders are to be made in writing and sent to Bechtle direct S.r.l. by e-mail or certified mail via the post’s PEC platform, or by secure data transfer through www.bechtle.it. Orders by phone cannot be accepted.


3.2 Offers made by Bechtle direct S.r.l. do not constitute a contractual offer and are therefore not binding. This also applies to offers that are made in response to a written request by the Customer. For each customer request, Bechtle direct S.r.l. creates an offer for the products based on the best prices available at that point in time. If the Customer makes a request in response to an offer submitted by Bechtle direct S.r.l., this constitutes a contractual offer. The offer is only deemed accepted and the contract concluded when Bechtle direct S.r.l. sends a written order confirmation or, in the absence of such a confirmation, upon commencement of contract fulfilment by Bechtle direct S.r.l. when this is customary practice between the parties.


3.3 The subject matter of the contract corresponds with the written order confirmation provided by Bechtle direct S.r.l. or, in the absence of such a confirmation, with the invoice.


3.4 Bechtle Direct S.r.l. shall not be held liable for deliveries impacted by misunderstandings arising from telephone or other oral communications. Products shall not be provided to the Customer on a trial basis. Bechtle Direct S.r.l. employees may provide information on product features, but the Customer is responsible for choosing the products and for ensuring that the manufacturers’ specifications fulfil their requirements.


3.5 Bechtle Direct S.r.l. is under no obligation to accept changes the Customer makes to the order. Each change made by the Customer must be confirmed in writing by Bechtle Direct S.r.l.

 

 

4. PRICES AND PAYMENT

4.1 The prices for goods correspond with the prices specified in Bechtle direct S.r.l’s order confirmation and include, unless explicitly specified otherwise, original product packaging, with postage, packaging, and insurance.


4.2 The product prices specified online, in offers and order confirmations do not include VAT. VAT is applied at the current rate at the time of the invoicing.


4.3 The product prices specified online are subject to continuous fluctuations. They serve as reference only and are hence non-binding for Bechtle Direct S.r.l. The prices stated in offers and order confirmations are valid for the period stated in the corresponding documents.


4.4 The terms of payment shall be as stated in the order confirmation and invoice and supersede all other related statements made previously.


4.5 The terms of payment shall also apply if the Customer fails to collect the goods on time or fails to request delivery within the stipulated time.


4.6 Payment for the products purchased shall be made in accordance with the modalities indicated in the offer, in the order confirmation and in the invoice.


4.7 All payments due to Bechtle Direct S.r.l. from any person or for any claim shall bear interest in the event of delay at the rate provided in D. Lgs. No. 231 d.d. 09/10/2002 (Italian Legislative Decree).


4.8 If interest in arrears cannot be applied at the rate specified in the preceding paragraph, Bechtle direct S.r.l. shall be owed default interest at the official discount rate increased by three points or, if not possible, the statutory interest and compensation for the reduction in monetary value as at the due date.


4.9 If the Customer cancels the order after processing of the order has already begun, Bechtle Direct S.r.l. shall be entitled to payment of the entire agreed price.

 

 

5. DELIVERY DATE

5.1 The delivery date for the purchased products is specified in the offer and in the order confirmation and is based on the information that Bechtle Direct S.r.l. receives from the manufacturer or the distributor.

 

5.2 The delivery dates stated in the order confirmation or in any other way are never binding for Bechtle Direct S.r.l., but are merely indicative. Bechtle Direct S.r.l. shall endeavour to meet the indicated delivery dates as far as possible. Bechtle Direct S.r.l. shall in no case be liable for the non-observance of these delivery dates, neither for damages nor for contractual penalties resulting therefrom for its customers.

 

5.3 Products shall be delivered under the transport conditions and costs specified in the order confirmation. In any case, all delivery dates shall be suspended for the period during which the reasons for exclusion of liability set out in Section 7.1 exist.

 

5.4 Bechtle Direct S.r.l. shall endeavour to comply with the delivery times agreed with the Customer, but in cases of force majeure on the part of the manufacturers and/or suppliers, the Customer may not refuse partial deliveries or early deliveries.

 

 

6. DELIVERY AND PRODUCT INSPECTION

6.1 Delivery shall be made by Bechtle Direct S.r.l. to the address specified by the Customer via a carrier commissioned by Bechtle Direct S.r.l. The transfer of risk regarding loss or damage to the products shall take place upon delivery to the Customer.

 

6.2 The Customer is obliged to verify upon delivery whether the cartons, packaging, pallets etc. are intact or open, broken, soaked or damaged. Should this be the case, the Customer must sign the shipping documents and mark them “subject to reservation” and state the exact reason for the reservation.

 

6.3 The Customer is obliged to verify the integrity and functionality of the product upon delivery and to notify Bechtle Direct S.r.l. of any defects or complaints regarding the products. If no such notice is given, the products shall be deemed to have been finally accepted by the Customer and to conform to the Purchase Contract.

 

 

7. DISCLAIMER AND LIMITATION OF LIABILITY

7.1 Bechtle Direct S.r.l. shall in no case be liable for delays in performance nor for non-performance if this is due to external causes beyond the control and will of Bechtle Direct S.r.l. These reasons include, but are not limited to: unforeseen events, force majeure, strikes, pandemics, fires, riots, seizures, embargoes, floods, storms, tornadoes and hurricanes, prohibition of foreign exchange transfer, problems with the network or means of transport, shortage of raw materials, restrictions in the use of electricity, production stops at suppliers.

 

7.2 If the conditions mentioned in Section 7.1 occur, Bechtle Direct S.r.l. reserves the right to withdraw from the contract, excluding the payment of compensation or damages of any kind.

 

7.3 Apart from the cases of exclusion of liability provided for in Section 7.1, Bechtle Direct S.r.l. shall be liable for damages incurred by its customers due to delays in performance or non-performance to the extent that this is the result of intent or gross negligence on the part of Bechtle Direct S.r.l.

 

7.4 The damages to be paid by Bechtle Direct S.r.l. shall be limited in any case to the amount of the value of the delivery, as agreed.

 

7.5 Under no circumstances shall Bechtle Direct S.r.l. be charged with contractual penalties or other contractual fines agreed by the Customer with third parties.

 

 

8. WARRANTY IN THE EVENT OF DEFECTS

8.1 Bechtle Direct S.r.l. is committed to providing goods and services of high quality and from leading manufacturers.

 

8.2 The products sold by Bechtle Direct S.r.l. are covered by the warranty of the respective manufacturer, with the exception of consumer warranties, as the products are intended for commercial use.

 

8.3 Bechtle Direct S.r.l. grants the warranty exclusively with regard to defects that occur within the first year after delivery.

 

8.4 Defective products must be returned with appropriate packaging at the expense of the Customer and in compliance with the instructions of Bechtle Direct S.r.l. The products are shipped at the risk of the Customer. Bechtle Direct S.r.l. accepts no liability for loss of or damage to the products or parts enclosed with the product.

 

8.5 Bechtle Direct S.r.l. is not liable for defects that occur in the following cases: Failure to follow the manufacturer’s instructions for assembly, use and maintenance or failure to observe common practice; wear as a result of normal use; if modifications and/or repairs were carried out by personnel that were not authorised in writing by the manufacturer.

 

 

9. COMPLIANCE WITH STATUTORY REGULATIONS – RESOLUTORY CONDITIONS

9.1 All deliveries carried out by Bechtle Direct S.r.l. are subject to the condition that the Customer uses and/or distributes them in full compliance with national, European and international legislation regarding consumer rights, the right to information on the product, the right to product safety, the right to suitability of the product for its intended use, liability for defective products (D.Lgs. No. 206 06/9/2005 as amended, technical standards, etc.). If the Customer intends to supply the purchased products to third parties, the Customer shall ensure that the products are provided with warnings, labels, instructions, manuals and other relevant information provided together with the products. In the event of breach of the above conditions, Bechtle Direct S.r.l. is entitled by law to terminate the contract and to treat the amounts received as contractual penalties, subject to the right to compensation for greater damages.

 

 

10. APPLICABLE LAW AND PLACE OF JURISDICTION

10.1 All relations with Bechtle Direct S.r.l. (offers, orders, contracts and agreements in general) are governed exclusively by Italian law.

 

10.2 The application of the Vienna Convention of 11 April 1980, ratified by Law No. 765 of 11 December 1985, shall be excluded in all cases.

 

10.3 The exclusive place of jurisdiction for all disputes between Bechtle Direct S.r.l. and its customers is Bolzano, Italy.