Terms and Conditions

General conditions of Sale 1. Acceptance JONATHAN is a trademark of the company Jonathan Srl. The general conditions of sale and delivery of Jonathan Srl., as well as any particular conditions, are deemed to be accepted by our Customers, even if they differ from their own general or particular purchase conditions. The execution of orders does not imply acceptance of the general or specific purchase conditions of our Customers. The latter bind us only if expressly accepted in writing. The proponents, collaborators, employees, relatives and in general the people who act in the name of our Customers represent them in all respects and we will implicitly consider them to have a mandate to bind our Customers towards us 2. Prices Except for special contractual provisions, our offers and price lists are purely indicative and do not bind us in any case. Our prices are changeable without notice. They are ex our warehouse, packaging costs including taxes. Shipping costs are borne by the Customer, unless otherwise indicated. 3. Delivery Terms Delivery terms are given purely as an indication and are not obligatory. Unless agreed in writing, failure to immediately process the order cannot, under any circumstances, give the right to its cancellation and no compensation is due. Orders processed for more than a month are accepted subject to price verification as they are imposed on us by our suppliers or by circumstances beyond our control which would make delivery further impossible or more expensive. In any case, the products will be invoiced at the conditions in force at the time of the supply date regardless of the price and conditions under which the orders were confirmed. We reserve the right to partially fulfill orders received, meaning each delivery made is considered sold. The buyer cannot, under any circumstances, refuse to receive the goods, and must always make the payment unless he subsequently asserts his possible reasons (solve et repeat) 4. Representation Our intermediaries, agents, engineers and analysts have no power to bind the Company. Their offers must always be confirmed by Jonathan Srl. We retain the right to renounce an order which has not been given such confirmation. 5. "Agreement" Our products are always considered sold, received and accepted at our warehouses. The products travel at the risk of the recipient even in the case of sale or delivery "free". In the absence of precise instructions, the shipment will be made by the means deemed most appropriate and therefore this cannot give rise to complaints. The goods are not covered by insurance of any kind unless expressly requested and on behalf of the buyer. All possible acceptance reservations must be made to the carrier or carrier. The Customer undertakes to accept and collect orders within 5 (five) days from the date on which he becomes aware of the availability of the products. 6. Returns Complaints The customer is required to examine the goods received and to communicate in detail to Jonathan Srl, within 14 (fourteen) days of delivery, any defects found - or discoverable - upon initial examination, or any other complaint in relation to the products. In the event that the customer does not make the above communication, the products will be considered definitively accepted and compliant with what is established in the sales contract, without prejudice to the possibility, which can be experienced no later than 1 (one) year from delivery, to report any defects, not apparent, within 14 (fourteen) days of their discovery (in accordance with the provisions of art. 1495 of the Civil Code). It is understood that the customer must refuse delivery of damaged packages by the carrier and must, in this regard, immediately inform Jonathan Srl of the incident. All complaints concerning the products delivered and sold must reach us within 14 (fourteen) days of receipt, referring to the delivery note or invoice number. After this deadline, the complaint can no longer be accepted. No returns will be accepted unless we agree in advance in writing. The return will only be verified as intact, in its original intact packaging. Any complaints relating to our invoices must be brought to our attention by registered letter sent within 10 (ten) days of receipt of the document. Otherwise, the invoices are intended to be accepted without any reservations. Complaints cannot under any circumstances justify the delay or failure to pay. Shipping costs relating to the return will be charged. 7. Guarantees The guarantees granted to products not assembled by Jonathan Srl refer exactly to those granted by the manufacturers as Jonathan Srl is only an intermediary. In any case, we do not guarantee that the products provided are suitable for the specific needs of your business. The products marketed by us have not been designed nor tested with components such as to ensure the level of reliability necessary for human diagnostic and therapeutic purposes, nor to be used as a critical component in any life support equipment, the failure of which could reasonably cause physical injury to humans. The warranty is valid for any material defects and is limited in any case to the simple repair or replacement of defective components. All products or parts thereof replaced by Jonathan Srl will become the exclusive property of the same. The validity of the warranty is subject to the exact use of the product as specified in the instructions made available to the user. Jonathan Srl is not required to pay any compensation to the user or third parties for the consequences arising from the use of the software or hardware and for direct or indirect damages or accidents to persons. Damage caused to separate assets of our material, loss of profit, damage caused or which will be caused by the deterioration or loss of data recorded by the user. 8. Contract In the event of our liability for the non-execution or poor execution of the contract, the total of any compensation cannot exceed, by express agreement, an amount equal to 10% of the price of the product causing the damage. 9. Ownership The software marketed by us remains the property of its inventor or manufacturer who exclusively grants a "use license". The Customer may not, under any circumstances, transfer it to third parties, rent it, lend it or transfer it either for a fee or free of charge, as the product is covered by copyright. The Customer undertakes to maintain the proprietary notices shown on the media and in the user manuals and not to modify the products sold by us in any way. It will preserve the software with good diligence, rigorously applying all the instructions of the manufacturer or inventor, in particular it will not proceed to make unauthorized copies, allow or encourage others to do so. Our Customers, intermediaries between us and users, must include this sales paragraph or a similar text in their conditions of sale. The risk of perishing or damage to the products will be borne by the customer from the moment of delivery or from the moment in which delivery could not take place due to a fact attributable to the customer. The customer assumes the obligation to immediately return to Jonathan Srl all products sent to him, but not yet owned by him, in the event that the customer does not promptly pay any sum due to Jonathan Srl. For this purpose the customer will allow Jonathan Srl, its employees and agents to access its premises, for the sole purpose of proceeding with the collection of unpaid products. It is also understood that the request and actual return of the products will not prejudice Jonathan Srl's right to request full compensation for damages suffered as a result of the customer's non-compliance. 10. Down payments The advance payments paid by our Customers refer to the price of the order placed. The deposit cannot in any case be considered a deposit and therefore the amount paid commits the customers to the regular execution of the contract. 11. Arrears Failure to pay the invoice or debit note when due, as well as the failure to collect bank receipts or the lack of availability of funds for RID procedure or any other fact that determines the insolvency of the Customer, causes the cancellation of the terms agreed for the payment of the products delivered or to be delivered, making the credit immediately payable and the automatic blocking of orders still in existence. Furthermore, we have the right to immediately terminate the existing contract without any compensation or other formality than simple notice via registered letter. Incomplete supply cannot under any circumstances lead to non-payment of what was delivered and invoiced. We have the right to issue partial invoices according to the consequences made. The payment of the invoices cannot in any case depend on the installation or commissioning of the equipment sold. We retain full and total ownership of the products and accessories sold until their full payment, expenses and taxes included, except in the case where payment is made in cash, the price will not be considered paid until any check or other means of payment used by the customer is collected by Jonathan Srl, or otherwise honored within the terms set out therein. The Customer undertakes to immediately notify Jonathan Srl if he is subjected to judicial proceedings or seizure and to communicate the name of the third party purchaser without delay by registered letter. The Customer who does not comply with payments authorizes Jonathan Srl staff to enter his premises without further notice to collect the unpaid products and accepts the expenses necessary for this operation. 12. Payment conditions All our invoices, debit notes and the like must be considered paid in Rome in cash, bank draft or bank check. In the event of late payment, late payment interest will start from the due date at a rate of 7% per year, plus bank charges. A lump sum compensation is envisaged at 7% of the amount due, with a minimum of Euro 60.00 (sixty/00). This clause does not exclude the immediate collectability of the debt towards Jonathan Srl. Any procedures aimed at recovering the credit are reserved. In the event of withdrawal or cancellation of the contract by the Customer, Jonathan Srl is due a lump sum compensation amounting to 30% of the total contract price unless higher requests are made if the amount of damage exceeds 30%. If you buy with Afterpay you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., related parties and their transferees, and that you authorize such transfer. 13. Solidarity If the payment of the invoice or debit note is guaranteed by a third party, the customer and the assignee of the debt are jointly and severally liable for the payment and for the execution of all other commitments provided for in this contract. 14. Jurisdiction For any dispute the competent court is Rome. For anything not expressly provided for in these general conditions of sale, reference is made to the Civil Code. Right of withdrawal Purchases on our site are subject to the provisions of Legislative Decree no. 185 of 05/22/1999, dictated regarding distance contracts, in cases where the delivery of the goods takes place at the buyer's domicile, as such purchases are made outside the commercial premises. The importance of the aforementioned legislation is embodied in the provision that the buyer has the right of withdrawal. To whom does the right of withdrawal apply? Community legislation provides that the right of withdrawal can only be exercised by natural persons (consumers) acting for purposes that can be considered unrelated to their commercial activity. The right of withdrawal, therefore, cannot be exercised by legal entities and natural persons acting for purposes related to a commercial activity. Purchases made by resellers or by individuals who in any capacity purchase for resale to third parties are also excluded from the right of withdrawal. What is it about? The consumer has the right to withdraw from the contract within 10 working days of receiving the goods, returning the goods subject to the withdrawal to the seller, who will refund the price of the returned goods. It is specified that in the case of prize operations (the so-called promotions), in which the purchase of a good is combined with another good that is sold at a negligible price or even given as a gift, the right of withdrawal will be legitimately exercised with the return of both goods object of the purchase, given the constraint of the accessory nature of the promoted good compared to the first. What does it exclude? The right of withdrawal does not apply to audiovisual products or computer software delivered sealed, which have been opened by the consumer. How is the right of withdrawal exercised? Before contacting Jonathan Srl Customer Service, it is advisable to have the following documents and data available: original invoice (indicates the order number, invoice number, customer code); in case of partial withdrawal, in addition to the purchase invoice, the item code(s); bank details on which to obtain the transfer (ABI Code - CAB - Current Account of the invoice holder); At this point you can contact Jonathan Srl Customer Service who will inform you of the procedure to be adopted to open the withdrawal procedure, at the same time giving you the authorization to return the components. The procedure is summarized below: Sending, also by fax, a signed communication containing a declaration of intention to exercise the right of withdrawal, indicating all the requested data [your order number, invoice number and customer code, which products must be subject to withdrawal (identifying them with the item code), as well as the bank details]. How do you ship to Jonathan Srl (return shipping)? 1. After activating the withdrawal procedure, it is necessary to insert the original packaging containing the goods into special packaging, in order to protect the original packaging of the products from any damage, writing or alteration. Jonathan Srl reserves the right to refuse the goods received in the event of failure to comply with the above procedure. 2. Note the Case number on the shipped packages in a visible position. 3. Send the goods to Jonathan Srl at your own expense It is understood that the Jonathan Srl warehouse will not accept shipments without the registration number on the packaging, which will be returned to the sender at his expense. Attention: it is advisable to use a courier or other suitable means for shipment to allow the traceability of the shipment. It is understood that Jonathan Srl will not refund the goods subject to the withdrawal if he does not receive the relevant delivery. How long does it take for the return transfer to be made? Within 30 working days of receiving the goods, Jonathan Srl will credit the Customer with the amount corresponding to the value of the goods resulting from the invoice. Shipping costs are not included in the aforementioned amount. This is in compliance with the art. 5, paragraph 6, Legislative Decree no. 185 of 05/22/1999 Warnings: Jonathan Srl reserves the right from now on not to accept shipments of components or products that: - do not contain original packaging, accessories and manuals; - were carried out without having activated the request for intervention to Jonathan Srl Customer Service; -were made without following the sending methods indicated by Jonathan Srl Customer Service. In such cases, the transport costs relating to the return will be borne by the customer.