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Art. 1 Definitions
1.1 The expression “Seller” refers to Molteni Vernici S.r.l. (P.I. 03089870137) with registered office in Via Montenapoleone n. 8 - 20121 - Milan (MI), in the person of its legal representative Pro Tempore, which also manages the website www.moltenivernici.com
1.2 The expressions “Buyer”, “Buyer”, “Customer”, “Professional Customer” and “User” refer to the natural or legal person who acts, even through a representative authorized to operate in order to purchase products, in the exercise of their business or professional activity.
1.3 The expression “finish” refers to paint and/or special paints to be used as an aesthetic coating and/or product suitable to give unique technical characteristics to the treated support (Primer, Primer, Intermediate, Top Coat, Transparent, Protective); “painting cycle” refers to the combination of several original Molteni Vernici products, necessary for the application of the finish, as conceived and engineered by Molteni Vernici.

Art. 2 General provisions and Subject of the contract
2.1 These General Conditions of Sale exclusively regulate commercial relations between the Seller and his “Professional Customers”, constituting an integral and substantial part of each contract for the sale of movable property concluded by and with Molteni Vernici S.r.l. The subject of the contract is the sale of “finish”, to be understood as products intended for interior and outdoor applications Design, Architecture, Contract, Retail and all the accessory products necessary to recreate the exact “painting cycle” as conceived and engineered by Seller. 2.2 These General Conditions of Sale apply to all sales made also through the site/e-shop/e-commerce. The Customer is aware and accepts that the contents of the site, technical data sheets, cycle sheets, safety data sheets may not be updated and for this reason every purchase is subject to and governed exclusively by the General Conditions of Sale applicable on the date of the purchase order and from time to time sent to the Customer for subscription.
2.3 The Parties agree that this contract contains their final will, revoking any other document or previous negotiation, so that the interpretation of their will takes place exclusively in accordance with what has been agreed here. They also agree that any change to this contract can only take place in writing and with express indication of the clause and the point to be modified, otherwise any document drafted otherwise remains irrelevant.
2.4 The Parties, in compliance with the mandatory rules of law, agree that if some provisions of these general conditions of sale are declared invalid or invalid, this fact will not affect the validity and effectiveness of the other provisions, which will remain fully valid and effective.
2.5 The Customer is aware and accepts that all the information provided and the images on the website are of a general nature and are made available for informational purposes only and that they do not constitute a specific guarantee on the products or a promise of specific qualities on the part of the Seller.
2.6 The Customer is aware and accepts that the binding “security sheets” are only those sent specifically by the Seller during the purchase/sale of the goods because what may be on the site is of a general nature, merely informative and/or may not be updated.

Art. 3 Conclusion of the Contract and acceptance of the General Conditions of Sale
3.1 The contract concluded between Molteni Vernici S.r.l. and the Buyer is concluded with the acceptance/confirmation, even partial, of the purchase order by the Seller. Purchase orders have the value of simple purchase proposals and do not bind the Seller until after the acceptance/confirmation of the purchase order. 3.2 The Customer, to complete the purchase order, must follow this procedure: a) the Seller will contact the Seller through the references indicated on the site; b) the Seller will send the “Offer” of his product containing the special conditions of sale; together with the offer, the general conditions of sale will be attached, which the Customer must return signed, with double subscription, to the Seller at fax no. +39 031.73.42.22 or to the email address vendite@moltenivernici.com or to the one possibly indicated by the Seller for the specific hypothesis; c) the Customer must read the forecasts on privacy And the Disclaimer present on the site because they, after sending the purchase order, will be considered known and accepted in full. D) the Seller, after accepting the purchase order, will send the Customer an email confirming the order, the security data sheets of the products purchased will follow the order processing.
3.3 The Parties agree that the place of conclusion of the contract is always the registered office of the Seller.
3.4 The Customer is aware and accepts that the Seller may refuse to execute the order until the Customer returns the general conditions of sale signed with a double subscription.

Art. 4 Product Information
4.1 It is agreed that any information regarding the products, such as those concerning weights, dimensions, capacities, resistances, prices, colors and other data contained on the site is of a generic nature and not binding between the parties.
4.2 The Customer is aware and accepts that the final result, resulting from the application of the finish and/or painting cycle, to be understood, by way of example and not exhaustive, as aesthetic performance, resistance to external agents, durability, may vary from case to case and this in consideration of the particular application conditions, the supports/surfaces and tools used discretionally by the Customer and other variables over which the Seller has no direct or indirect control and responsibility. For this reason, relations with the Customer are based on the preliminary sale of a product sample that the Customer can test and test to verify if the results provided meet their expectations.
4.3 The Customer, therefore, before undertaking the final use of the goods and before proceeding with purchases of additional quantities of product, undertakes at his own expense, through the tests he deems appropriate (e.g. international strength tests, fire resistance tests) and/or analysis on the sample at certified bodies recognized nationally, to verify their suitability for their specific needs.
4.4 It is agreed that the Customer, with the order of other quantities of goods subsequent to the purchase of the sample of the same product, considers the good satisfactory, suitable and in accordance with their specific needs.
4.5 In the event that the contract makes express reference to technical, safety, quality or other regulations and documents, clearly identified therein, even if not attached to the contract, the Customer will be considered to be aware of them.
4.6 The Seller, in compliance with industry regulations, is free to compose his “finishing” and/or “painting cycle” products according to the methods he deems best and with specially designed and engineered cycles covered by industrial secrecy.
4.7 If the sale is made at a fixed quantity, the tolerance is conventionally established at 5% more or less of the product. In any case, there are no rebates.

Art. 5 Availability
5.1Molteni Vernici S.r.l. guarantees the fulfillment of the accepted order without delay within the limits of what was specifically agreed between the parties.
5.2 The products are limited in number; it may therefore happen that the ordered product is no longer available, totally or partially, following the transmission of the purchase order. The Seller will notify the Customer.
5.3 The Seller, if the purchase order exceeds the quantity of product existing in stock, will inform the Customer if the good is no longer orderable or what are the indicative waiting times to obtain the quantity of product ordered. The Customer, having received the above-mentioned communication, will have the option of confirming the order or not. In case of cancellation of the order due to the unavailability of the product, the Seller will refund the total amount paid by the Customer within the order period of thirty days.

Art. 6 Methods, terms and costs of delivery and shipping
Unless otherwise agreed, delivery will take place Franco vector - FCA (premises of Molteni Vernici S.r.l. in Via dell'Artigianato n. 44, 22063, Cantù (CO - Italy) Incoterms® 2010. The delivery terms indicated on the offer sent to the Customer are routine and not essential, constituting indicative times for the execution of the order. Any delays in delivery will not entitle you to penalties or compensation for direct and indirect damages, or as a result of interest or termination of the contract.

Art. 7 Warranties, product compliance, defects and complaints, resistance and criminal certifications.
7.1 The warranty provided by the Seller is only the legal one regarding sale between entrepreneurs/ professionals and operates on condition that the product is used correctly, in compliance with its intended use and as indicated by the Seller. The warranty starts from the date of delivery of the product according to the Incoterms® 2010 rules established between the Parties.
7.2 The Seller guarantees only that the products comply with the indications and technical specifications contained in the safety data sheets sent to the Customer.
7.3 The products are considered to comply with the contract and their natural destination if they have the chemical and physical characteristics indicated in the safety data sheet sent to the Customer. It is agreed that the presence of any minor differences that are customary to accept in the product sector in question or according to the practices established between the parties does not constitute a lack of conformity.
7.4 The Customer undertakes to promptly test the product after arrival at its registered office or any other place of destination of the goods agreed by the Parties and in any case to report in writing to the Seller any lack of conformity of the product, defect and/or defect, specifying its nature in detail, within a Peremptory deadline of seven days from the receipt of the goods at the agreed place, accompanying the request with the production number of the product and the purchase invoice. The Parties agree that any communication that does not comply with the methods and/or times described above will be considered invalid, ineffective and/or late.
7.5 The Parties, in the case of contracts concluded thanks to the work of a commercial agent, agree to derogate from Article 1745 of the Italian Civil Code and therefore all statements concerning the execution of the contract and complaints relating to contractual breaches must be made exclusively and directly to Molteni Vernici S.r.l. and those made to the agent will not be valid in any way.
7.6 The Seller provides the guarantee of product compliance with regard to the continuity of the chemical and physical characteristics indicated in the safety data sheets sent to the Customer and this no later than any defects and/or defects expressed by the first sample provided and on condition that they are reported within the deadline indicated above.
7.7 If the product, within the limits expressed by the first sample provided, has proven conformity defects, the Seller may, provided that he can do so without reasonable delay and without causing excessive inconvenience to the Customer, at his choice:
(a) replace the products with compliant products, without any additional burden for the Customer, or
(b) proceed with the return of the amount paid by the Customer or the replacement of the product with another of equal or greater characteristics.
7.8 The Customer is aware and accepts that Molteni Vernici does not issue resistance certifications for individual products and that therefore all obligations and costs for the possible issuance of such certifications by recognized certification bodies are borne by the Customer.
7.9 The Customer is aware that the painting cycle includes all the components/products necessary for the correct application of the finish, even this part of the cycle, through a correct composition and execution of the same as conceived and engineered by Molteni Vernici.
7.10 The Customer is aware and accepts that Molteni Vernici, on request and in any case only in the case of purchase of all components of the painting cycle, may issue certifications, since they relate exclusively to the entire painting cycle consisting solely of the Seller's products and always on condition of scrupulously following the Seller's instructions.
7.11 IThe Customer is aware and accepts that any certifications, obtained and issued by Molteni Vernici, refer exclusively to the entire painting cycle, as designed and tested by the seller and not to the individual finish and/or to the individual product and that therefore, in order to be able to make use of the above-mentioned certifications, even against third parties, it is essential to purchase and correct use of all the Molteni Vernici products that make up the cycle as conceived and engineered by the seller.
7.12 The Customer who requests and obtains from Molteni Vernici the certifications of his painting cycle, possibly in order to show them to third parties, as actual and/or potential clients and/or general contractor, undertakes, for the entire duration/execution of his work/order, to the extent that the use of the Molteni Vernici finish (s) is expected, to purchase and use only all the Molteni Vernici products and thus indicated as necessary for the complete and correct composition and execution of the painting cycle in compliance with the quantities essential to ensure the correct and complete execution of the work; quantities that the Parties consider determinable in view of the quantity of individual finish purchased.
7.13 The Customer, who has requested and obtained the certifications on the Molteni Vernici painting cycle, is aware and accepts that any subsequent use of one or more different and/or third-party products, used to reproduce the composition, construction and execution of the painting cycle of Molteni Vernici finishes constitutes a serious breach of contract and fraudulent conduct that will not allow the Customer, in any way, for any reason and for any reason, to make use of the certifications issued by Molteni Vernici and therefore, the Customer may not show them, nor hand them over to third parties, such as, by way of example and without limitation, clients and general contractors, for any reason or, if already exhibited, must immediately collect them by means of certified e-mail to the third party (s), copying the seller, in which it is announced that the use of third-party products for the creation of the Molteni Vernici coating cycle and the application of the Molteni Vernici finish does not allow them to use, for applications carried out with the use of third-party products, of the certifications previously issued because they refer exclusively to the painting cycle carried out only with Molteni Vernici products.
7.14 The Customer, who has requested and obtained the certifications on the Molteni Vernici painting cycle, is aware and accepts that any subsequent use of one or more different and/or third-party products used to reproduce the composition, construction and execution of the painting cycle of Molteni Vernici finishes, in the face of the use by the Customer and/or the exhibition and/or delivery, even to third parties, of the resistance certifications issued by Molteni Vernici, constitutes a serious breach of contract following the who the Customer will be considered seriously in default and will be required to pay Molteni Vernici S.r.l. the sum of €10,000.00 (Euro ten thousand) as a penalty former art. 1382, without prejudice in any case to the right of Molteni Vernici to act for compensation for any further damage, including loss of profit resulting from the non-sale of all and/or some of its products, which are part of the painting cycle, in the quantities technically necessary to carry out and complete the correct painting cycle, quantities obtained based on the quantity of finish purchased.

Art. 8 Exemption and limitations of liability
8.1 All the contents on the site, technical manuals, technical data sheets and/or cycle sheets are exclusively of a general nature and are for informational purposes only and do not constitute in any way conventional guarantees, technical opinions, or specific quality promises and do not bind the Seller in any way and therefore cannot be objected to the Seller or third parties. The Seller, except in cases of intent or gross negligence, is not responsible for any direct and/or indirect, incidental and/or consequential, pecuniary and non-pecuniary damages suffered by the Customer due to reckless reliance and/or improper use of the contents of the site, technical manuals, technical data sheets and/or cycle sheets.
8.2 The Seller, except in cases of intent or gross negligence, does not provide any guarantee on the final result resulting from the use of the goods supplied. The Customer is aware and accepts that the final result resulting from the application of the product is influenced by multiple variables that do not fall within the Seller's sphere of control and responsibility. The Customer, therefore, in the event of a final result that does not meet their expectations, is aware and accepts that they will not be able to charge the Seller any liability, direct and/or indirect, incidental and/or consequential, pecuniary and/or non-pecuniary, will be due by the Seller.
8.3 The Parties agree to exclude any right of the Customer to compensation for damages or compensation, as well as any contractual or non-contractual liability of the Seller for direct and indirect, pecuniary and non-pecuniary damages, possibly caused by the non-acceptance, even partial, of an order.
8.4 The Parties, except for cases of intent and gross negligence, agree to exclude the liability of Molteni Vernici S.r.l. with regard to direct and indirect, pecuniary and non-pecuniary damages, losses, lost earnings and costs incurred by the Customer as a result of the lack, partial and/or incorrect performance and/or for defects and/or product defects. The Seller is not responsible for any damages affecting the Customer's business activity.
8.5 The Parties agree to exclude the liability of Molteni Vernici S.r.l. for delivery delays deriving from unforeseeable circumstances, force majeure, events not attributable to the Seller, including factual assumptions of the third party and therefore no compensation for damages, penalties and compensation is due in such cases.
8.6 Unless otherwise agreed in writing, it is agreed that the remedies for cases of established product non-compliance indicated in article 7.7 of this agreement exclude any other remedy for non-compliance.
8.7 The Seller, except in cases of intent or gross negligence, will not be responsible for damage to the Customer's products or to products of which the Customer's products are part, nor for damage to third-party goods on which the Customer has applied Molteni Vernici products.
8.8 The Parties agree that, in the event of the established nullity, invalidity or ineffectiveness of the Seller's exemption and limitation of liability clauses, any compensation for damages awarded to the Customer, in the event of the Seller's default, will in any case be limited to an amount not exceeding the price paid
by the Customer for the purchase of the product.

Art. 9 Copyright, Intellectual Property and Confidentiality Obligations
9.1All content published on the website www.moltenivernici.com and/or on the catalogs and/or in the brochures and/or Painting Cycles and/or Cycle Sheets and/or Project Sheets and/or Technical Manuals of the Seller are covered by copyright and cannot be reproduced in any way and/or used without the express prior written authorization of Molteni Vernici S.r.l. All fraudulent uses of such contents will be prosecuted.
9.2 The Customer acknowledges and acknowledges that all trademarks and distinctive signs published on the website www.moltenivernici.com including: Never - Brushed/Circle/Flat, Essence, Copper, Chrome Reverse/Mirror, Anodyc, Aluminium, Greenox, Bronzox, Redox, Anti-Parfum, FF, Vetrowax, Antimicrobical, Concrete, Corten, Delabrè, Diamantati, Ferro Calamina, Lavagna, Layer, Materico, Metal Fabrics, NanoEver, Nanogalvanic, Natural Luxury, Natural Wax, Porcelain, Powermetal, Natural Luxury, Natural Wax, Porcelain, Powermetal, Rusty, Velvet, Waterproof, Anti-Touch, Fluo, Denim Drift, Dustof, Hightemp, Soft, Thermic, Coquille D'oeuf, Lacquer, Carbonized, Wakeup, Stone, 2kopa, Wp.2kopa, 2ksmet, 2k/bt, Bct, Wp.2knmet, 2ksmetxt, Wp.2k/bt, Wp.2kMetal, Wp, are distinctive signs of exclusive ownership of Molteni Vernici S.r.l. and undertakes not to use them in any way without the express written authorization of the Seller, and unless it is a descriptive use within the limits strictly necessary to communicate to its customers that these are original products. Any unauthorized use will also be prosecuted as an offense of counterfeiting and will be punished according to the rules of the Intellectual Property Code and/or unfair competition.
9.3 All information concerning the Know-how and/or the trademarks, the patents of which Molteni Vernici S.r.l. is the owner, as well as other commercial and business information, of which the Customer will become aware during any purchase negotiations and during the execution of the contract must be considered confidential and cannot be used either directly or indirectly by the Customer except within the limits strictly necessary for the correct execution of the contract, nor should they be disclosed to third parties without prior written authorization from the Seller.
9.4 Molteni Vernici's so-called Painting Cycles, Cycle Sheets, Project Sheets, Technical Manuals are the result of significant investments in research and studies, and are drawn up from time to time with the utmost care and attention to allow the best performance of the products that compose them. As such, Molteni Vernici's Painting Cycles, Cycle Sheets, Project Sheets, Technical Manuals constitute the Seller's business know-how with economic value and strategic importance for the company. The Customer undertakes to keep strictly confidential the content of the Painting Cycles, Cycle Sheets, Project Sheets, Technical Manuals that may be revealed to him and to use them only and exclusively with the original Molteni Vernici products whose codes are indicated therein. The Customer is aware that the Cycles must and can be made only and exclusively with original Molteni Vernici products and that no element can be replaced with third-party products. If Molteni Vernici verifies that the Customer has ordered only part of the products necessary to complete the Cycle and is therefore using unauthorized products, he will have the right to cancel the related orders, even in the presence of an order confirmation already transmitted, without the Customer being able to contest any default. The Customer is aware that any non-compliant use and/or application integrates Inter Alia violation of this agreement, unauthorized theft and exploitation of confidential business information, and unfair competition.

Art. 10 Privacy and protection of personal data
10.1 Personal data is collected exclusively to register the Customer and activate the procedures for the conclusion and execution of the contract and the sending of the necessary communications against him.
These data are processed electronically in compliance with current regulations on the subject and may be displayed
only at the express request of the Judicial Authority or other Authorities authorized by law.
10.2 Attention to the security and confidentiality of Customer data is a priority for the Seller. The information provided is considered strictly confidential and the Seller undertakes not to disclose and not to sell the information in its possession to external companies for promotional purposes.
10.3 The Customer, by signing these general conditions of sale, declares to have been informed of all the elements required by the sector legislation and to have read the complete privacy policy on the site in the relevant section and therefore gives consent for personal and business data to be processed in accordance with the law and possibly communicated to third parties whose collaboration may be necessary.

Art. 11 Exclusive forum
All possible disputes concerning, the interpretation, the execution of this contract, the termination, the action for damages and any other dispute relating to the contractual relationship and/or related to it, will be transferred to the exclusive competence of the Italian Judicial Authority at the exclusive Court of Milan, with the express exclusion of any other Court. However, the Seller reserves the right to choose the Customer's Court.

Art. 12 Applicable law
12.1 This contract is governed exclusively by Italian domestic law.
12.2 For anything not expressly governed by these general conditions of sale, the rules of the Civil Code apply.
12.3 The Parties, in the case of “international sale”, agree to expressly exclude the application of the Vienna Convention (CISG 1980) and the contract will be governed exclusively by Italian domestic law.

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