These general terms and conditions govern the sale of products distributed by OPS Srl.

Every contract entered into between OPS Srl and third parties for the sale of products is governed by these General Conditions, which form an integral part of every proposal, order or purchase order confirmation.

The terms and conditions of sale applicable to each order shall be those in effect at the time the order is placed.

1. Products, prices and features

1.1 Unless otherwise stated, product prices published by OPS Srl are VAT exluded. Prices quoted by OPS Srl cancel and replace previous prices and are subject to actual product availability. OPS Srl reserves the right to confirm or change the prices listed on its website, catalogs or advertising material upon confirmation of the order by the customer. You must wait for confirmation from OPS Srl before proceeding with payment.

1.2 The technical and functional characteristics of the products published by OPS Srl on its sites are those provided by their respective manufacturers. OPS Srl does not guarantee the accuracy or completeness of such information. Images of products are for indicative and non-binding purposes only, representing their category rather than specific details. To receive detailed images and data sheets, you can contact the sales department at email: info@ops-srl.it. Published specifications and prices are subject to change without notice.

2. Orders and Billing

2.1 Tax documentation for the products ordered will be issued by OPS Srl when the products are shipped to the customer. If the customer has a VAT number and wishes to receive the invoice in the name of his business, he must indicate this request when placing the order, providing all the necessary data for the issuance of the invoice. Otherwise, OPS Srl will not issue an invoice and the sale will be considered as addressed to a private person, with the issuance of a regular receipt, in accordance with Legislative Decree February 2, 2002, n.24.

3. Methods of payment

3.1 Payment for the ordered products and any shipping costs can be made by the following methods:

Bank Transfer: bank details will be sent after you place your order and receive our invoice. The reason for the transfer should include the order number and the name of the person who placed the order. Since the processing time of a wire transfer is not immediate, you can speed up the process by sending a copy of the wire transfer made via email, making sure that all details, especially the C.R.O. number (transaction authorization code), are clearly legible. Send the copy to the following address: info@ops-srl.it.

4. Delivery of products

4.1 All delivery charges quoted by OPS Srl are the responsibility of the customer unless specific commercial agreements are made. Deliveries are normally made by courier. OPS Srl applies the following charges for shipments in Italy:

• (a) 0 to 10 kg – €15.00
• b) 11 to 30 kg – €25.00
• (c) 31 to 50 kg – €30.00

4.2 Delivery terms provided by OPS Srl refer to products available in its warehouses and, although carefully evaluated, are not binding on OPS Srl. The company reserves the right to confirm or modify these terms according to its actual needs. Any delays in delivery do not entitle the customer to refuse the goods or to claim compensation or indemnity.

4.3 Any special delivery terms and conditions must be agreed upon in advance between the customer and OPS Srl and must be accepted in writing by OPS Srl.

4.4 Delivery timing varies depending on whether delivery is made domestically or abroad. Further information on timing and transportation costs for orders to be shipped abroad will be communicated before invoice is issued.

4.5 Storage charges are the full responsibility of the customer if an incomplete or incorrect shipping address is provided.

4.6 OPS Srl reserves the right to charge incidental expenses, such as packaging or collection costs, which will be clearly indicated at the time of order confirmation.

4.7 The Seller will make every effort to meet the delivery terms stated in the quotation or order confirmation; however, unless otherwise agreed in writing between the Parties, such terms cannot be considered essential.

5. Risks

5.1 Pursuant to Legislative Decree 22 May 1999, no. 185, goods travel at the consignee’s risk. Therefore, OPS Srl assumes no responsibility for total or partial theft, damage or shortage. The risk of damage or loss of the product is transferred to the consignee at the time of shipment of the goods, i.e. when the package is handed over to the courier in charge of delivery to the customer. Goods will be shipped insured only if explicitly requested by the customer, with an additional charge for the service.

5.2 It is essential that the customer, upon receipt of the goods, checks the following:

The packaging is intact, not damaged or wet, altered or tampered with, including its closure seals (adhesive tape, strapping, etc.).
The number of packages received corresponds to that indicated in the fiscal document accompanying them.
The goods conform to what is indicated in the fiscal document.

5.3 Any damage, discrepancies in the number of packages or delays in delivery must be immediately reported to the courier at the time of delivery, noting the words “accepted with reserve” on the fiscal document. Such reports must be confirmed by e-mail to OPS Srl within eight calendar days. No claims for damaged, crushed or missing goods will be accepted if no reservation was made at the time of delivery. Without a substantiated reservation document, claims will not be accepted and there will be no compensation. Pursuant to Art. 1495 of the Civil Code, no claims will be accepted later than 8 days after receipt of the goods. Once the courier’s document is signed, the customer may not raise any complaints regarding the external characteristics of the goods or the number of packages received.

6. Product warranties

6.1The products sold by OPS Srl are covered by a 24-month warranty, in accordance with Legislative Decree February 2, 2002, no. 24. This legislation distinguishes between consumer goods intended for private use and those intended for professional use. The 24-month warranty applies only to consumer goods intended for private use. For goods used in the context of professional or entrepreneurial activities, the normal general rules on sale under the Civil Code apply. Specifically, OPS Srl offers a 12-month warranty for professional use and a 24-month warranty for private use. To prove exclusively private use, you will need to present your receipt, while for professional use, an invoice will be required.

6.2 The warranty covers only factory defects and non-conformity of the product. With the exception of the replacement of defective or non-conforming products, OPS Srl assumes no responsibility for direct or indirect damages resulting from the use, even improper, of the product by the recipient. OPS Srl guarantees the integrity and validity of the products offered in the catalog through quality controls. In the event that the goods are found to be defective or non-conforming, the buyer must send a communication by registered letter with return receipt to OPS Srl within 14 working days of receipt of the goods. This communication can be anticipated by email to info@ops-srl.it, provided it is confirmed by registered A/R within 48 hours.

7. Right of withdrawal

7.1 Pursuant to Legislative Decree no. 206 of 2005 about protection of consumers in respect of distance contracts, the customer may exercise the right of withdrawal by returning the purchased product and requesting a replacement or refund. The right of withdrawal applies only to natural persons acting for purposes not related to their professional activity. Therefore, purchases made for purposes related to one’s business activity by retailers and companies are excluded from the right of withdrawal.

7.2 Unless otherwise agreed between the parties, the consumer may not exercise the right of withdrawal provided for contracts: for the supply of goods made to measure or personalized or which, by their nature, cannot be returned or are liable to deteriorate rapidly; for the supply of products already used by the consumer;

7.3 The right of withdrawal, in the case of the sale of products at a distance, must be exercised by the customer, under penalty of forfeiture, by sending a registered letter A/R to OPS Srl, via Travnik 18/2, 34018 San Dorligo della Valle (TS), within the term of 10 working days from receipt of the products. The above notice may also be sent, within the same term, by e-mail to the e-mail box info@ops-srl.it.

7.4 All returned products must be unused, perfectly intact and accompanied by the original packaging, and absolutely in the same condition as they were at the time of delivery.

7.5 All returns must be authorized in advance in writing by OPS Srl. If authorized, the customer may return the product at its own expense to the following address: OSP Srl, Via Travnik 18/2, 34018 San Dorligo della Valle (TS).

7.6 Once the products have been received, authorized the return and verified their integrity OPS Srl will provide within 30 days to credit the customer, by bank transfer, the cost of the returned products (as indicated in the receipt), withholding the amount of shipping costs that will remain definitively borne by the customer. It will be the customer’s responsibility to promptly provide the bank details on which to obtain the transfer (ABI, CAB, account number).

8. Limitation of liability

8.1 The liability of OPS Srl, arising out of the performance or non-performance of the contract, warranty, tort or strict liability, shall in no event exceed the value of the product to which such liability relates.

8.2 In no event shall OPS Srl be liable for any loss of income or profit, or for any failure to use or technical stoppage of the product to which such liability relates.

8.3 Seller’s liability shall be limited to the Products supplied and to the terms set forth in the preceding article. The seller assumes no liability for the defective operation of systems or machines made by the buyer or third parties using the products supplied, even if they have been assembled or connected following diagrams or drawings suggested by the seller. However, if the diagrams and drawings have been the subject of a separate payment, the seller’s liability shall be limited solely to what is specified in the diagrams or drawings.

8.4 The seller warrants the performance of the products of its manufacture solely with respect to the uses, destinations, applications and tolerances expressly stated. The buyer is not authorized to use the products otherwise. If the buyer destines the products for resale, it shall be the buyer’s duty and responsibility to inform its purchasers of the directions given by the seller.

9. Repair and replacement

9.1 Simple inspection of the product by technicians is free of charge. Repairs or replacements under warranty are made at no cost to the customer. For out-of-warranty repairs or replacements, an estimate will be provided, and the customer may decide whether or not to proceed with the repair. Under no circumstances can the customer request a replacement of the returned product with a new one that is in stock. Also, it is not possible to request a new replacement product before returning the product that has to be replaced.

9.2 All products must be returned to OPS Srl carriage paid. It is only possible to request a carriage paid replacement in the case of material that has been received incorrectly due to a shipping or packaging error.

10. Jurisdiction

10.1 Without prejudice to the possible applicability of mandatory provisions of law placed for the protection of consumers, any common dispute related to these Terms of Sale shall be devolved to the exclusive jurisdiction of the Court of Trieste.