1- Acceptance of these general conditions
1.1. All business relations between CMG Mining Srl and the customer are exclusively governed by the following general terms and conditions of sale unless expressly derogated by special conditions agreed in writing with CMG Mining Srl
1.2. These general conditions, as well as any special conditions, are understood to be accepted by the Customer even if they differ from the Customer's general or special purchase conditions. By sending his purchase order, the Customer unconditionally accepts these general conditions of sale, which must therefore be understood as an integral and essential part of the sales contract.
1.3. Any person acting on behalf of the customer shall represent and commit the customer towards CMG Mining Ltd.
1.4. CMG Mining Srl accepts consumer customers. Therefore, once the applicant has accepted these general terms and conditions, the customer may only make purchases from CMG Mining Srl after receiving a unique customer code and personal UserID which will enable the customer to access all the services offered by CMG Mining Srl. The order may be placed following written communication, by email or via the e-commerce website www.cmgmining.it.
2- Guarantees given by the client and assumption of liability
2.1. The customer guarantees, assuming all inherent responsibilities and holding CMG Mining Srl harmless from any prejudicial consequence, that their data, provided at the time of acceptance of these general conditions, are true and allow the identification of the true identity of the customer, who also undertakes to inform CMG Mining Srl immediately and in writing of any change in the data provided.
2.2. The customer is informed of the fact that in case of on-line purchases, the purchase orders to CMG Mining Srl are issued through the joint use of a subscriber identification code (UserID) and a password chosen by the customer himself who is aware that the availability of both by third parties would allow the latter to issue regular orders which therefore bind the customer, identified by UserID and Password, to accept the receipt of the goods ordered and to pay the amount due. The customer is therefore obliged to keep both the identification code and the password with the utmost diligence, keeping them both secret for the entire duration of the relationship with CMG Mining Srl.
3- Prices and payments
3.1. Unless otherwise stipulated in the contract, CMG Mining Srl's offers and price lists are those published, which are valid except in the case of manifest error; however, they may be modified by CMG Mining Srl without prior notice.
3.2. The prices charged are understood to be the price to the Customer ex our warehouse, including all costs, packaging, cash on delivery charges, VAT and taxes; all shipping costs, additional services (fullfillment, configuration and logistics services) and any additional charges (minimum order contribution) are to be borne by the Customer.
3.3. The goods purchased online via email must be paid for by: bank transfer in advance or cash on delivery and in this case a surcharge will be applied to the transport price, unless otherwise agreed in writing with CMG Mining Srl; by credit card online with a surcharge on the product sale price. For orders paid by bank transfer in advance, the goods will be released for shipment only after receiving the approval of the administrative department of CMG Mining Srl. Bank details for bank transfers are communicated by e-mail after the order has been sent.
3.6. CMG Mining Ltd. reserves the right not to sell to customers with outstanding debts.
TYPES OF PAYMENT:
Goods purchased online must be paid for by :
- Online credit card via PayPal
- PayPal account
- Cash on delivery to courier only
- Bank transfer in advance
Bank details for bank transfers are communicated by e-mail or fax after an order has been placed.
N.B. Payments via PayPal have a 4% surcharge.
4 - Conclusion of the contract, transport and collection of products
4.1. Orders shall be transmitted by the customer in written form, by internet or fax or email, The contract is concluded when CMG Mining Srl sends the customer written confirmation (by internet or fax) of the order received, indicating the relevant "order number".
4.2 The customer may request the total or partial cancellation of the order. However, CMG Mining Srl reserves the right to accept or refuse the cancellation.
4.3 Unless otherwise agreed, shipments shall be carried out carriage paid, by carriers defined by CMG Mining Srl and the shipping costs shall be charged to the customer in the invoice. The goods travel at the customer's risk. If you wish to insure a shipment, you may do so at a later date by contacting us immediately after confirming the order and paying the required insurance fee. At the time of delivery to the Customer, the latter shall check the integrity of the packages and the correspondence in quantity and quality with what is indicated in the accompanying document. In the event of any discrepancy, the same must be reported immediately on the accompanying document under penalty of forfeiture of the right to claim. CMG Mining Srl is not responsible for any damage or loss, direct or indirect, deriving from delayed or non-delivery of the product.
4.4 Shipment errors that cannot be detected at the time of delivery shall only be reported in writing and within 24 hours of the delivery date, under penalty of forfeiture.
5 - Delivery terms, order processing and returns
5.1. The delivery terms are indicative and not essential. The receipt of the order does not bind CMG Mining Srl until the same has expressly accepted the order with explicit confirmation via email or fax.
5.2. Each individual order or delivery shall be considered autonomous and independent of any other order or delivery.
5.3. In the event that the delivery of the goods ordered is rendered impossible or in any case more onerous due to causes beyond its control, CMG Mining Srl may terminate the contract concluded through confirmation of the order by CMG Mining Srl by means of a written notice to the customer.
5.4. Should the customer wish to terminate the contract due to a delay in delivery, he must invite CMG Mining Srl in writing to process the order, or the part of the order which has not been processed, within a period of not less than 10 days. The contract shall be considered as terminated if CMG Mining Srl has not provided for the delivery within the term assigned to it.
5.5. The customer is entitled to request the cancellation of the purchase order, and CMG Mining Srl reserves the right to accept or not such request by communicating the eventual acceptance exclusively in written form. Orders may not in any case be cancelled if the goods have already been shipped (en route) or if CMG Mining Srl has procured the products to be sent to the customer at the latter's specific request.
5.6. Unless the Customer has previously communicated, in accordance with Art. 5.3, that he intends to accept only the complete fulfilment of the order, in no case may the Customer refuse or delay payment for goods delivered to him on the basis of an order that has been even partially fulfilled.
5.7. The return of goods to CMG Mining Srl must be requested in writing, stating the reasons for the request, citing the references of the invoices and/or the delivery note, and must be expressly authorised. The return of the goods must be carried out subject to authorisation and assignment of the "return number" (RMA).
5.8. The return of the goods to CMG Mining Srl may only be carried out in the event of discrepancies between the products ordered and the products sent to the customer - with transport costs borne by CMG Mining Srl and in the event of objective and proven defectiveness of the products - with transport costs borne by the sender.
6 - Manufacturer's and/or software owner's warranty and limitations of liability
6.1. The warranty relating to the proper functioning of the hardware products delivered by CMG Mining Srl is limited to that granted by the manufacturer, for a standard duration of 24 months, excluding components subject to wear and tear such as, by way of example, fans, LEDs, connectors, mice, keyboards, cables, batteries, aesthetic and mechanical moving parts, etc., for which the duration of the warranty is limited to a period of 6 months from the date of purchase unless otherwise indicated by the manufacturer. The customer, therefore, is aware that the purchased goods will be guaranteed by the manufacturer and under the conditions foreseen by the same, and accepts, without any reservation, all the terms of the manufacturer's guarantee, also with reference, purely by way of example, to the subject managing the guarantee, even if different from CMG Mining Srl.
6.2. CMG Mining Srl guarantees exclusively hardware products. Software products are services guaranteed exclusively by the manufacturer's Licence of Use.
6.3. If and only to the extent that this is provided for by the guarantee of the manufacturer and/or owner of the software of the product marketed by CMG Mining Srl, in the event of proven material defects of the product, CMG Mining Srl will repair or replace the defective components. The validity of the latter guarantee is however strictly subject to the exact use of the product supplied as specified in the catalogues, warnings and instruction booklets made available to the user.
6.4. Complaints regarding the products delivered by CMG Mining Srl to the Customer must be sent by fax, e-mail or registered letter to the Customer Service within 8 days of receipt of the goods, enclosing a copy of the bill, invoice or accompanying document, clearly stating the reasons for the complaint. After this deadline, the complaint can no longer be accepted.
6.5. In no case does CMG Mining Srl guarantee that the products supplied are suitable for the specific requirements of the user's activity.
6.6. Under no circumstances shall CMG Mining Srl be obliged to indemnify the user or third parties for the consequences arising from the use of the product, for direct or indirect damages, accidents to persons, damages caused to property other than the material, loss of benefit or loss of profit, damages caused or which will be caused by the deterioration or loss of data recorded by the user.
6.7. CMG Mining Srl is not responsible for the correspondence of the goods to the specifications published in the periodical publications, on the website or in any case displayed and advertised, just as it may not be held responsible in any way (by way of example) for: malfunctions, interruptions of services, degradation of performance even due to force majeure or fortuitous events, when not directly attributable to CMG Mining Srl due to its malice or serious fault.
6.8. The technical information on the products marketed by CMG Mining Srl is based exclusively on the data published by the respective manufacturers, which may change according to what is communicated to us by the manufacturers, even without any prior notice.
6.9. Warranty terms shall lapse in the following cases:
- neglect, abuse, misuse, incorrect or improper use and installation;
- electrical discharges and voltages that do not comply with the product characteristics;
- installation of new components, drivers, Bios, software not certified and not original, or not supplied by CMG Mining Srl at the time of purchase of the product;
- incorrect or improper installations, and/or modifications that do not comply with the manufacturer's specifications;
- use of non-original accessories and consumables;
- for tampering with the products or, in any event, upon removal or tampering with the guarantee seal;
- failures or defects caused by parts unrelated to the product and/or resulting from conflict with additional components;
- for any intervention on products under warranty carried out by the customer or by third parties. Any intervention must be previously and exclusively authorised in writing by CMG Mining Srl;
- if the materials are received without prior request for return and individual assignment of the RMA return number, where the serial numbers and description of the fault or anomaly are legible, with a copy of the purchase invoice
- for damages, accidents and breakdowns caused by or resulting from transport or fortuitous causes, not depending on CMG Mining Srl;
7 - Complaints
7.1. Any claims relating to invoices issued by CMG Mining Srl must be brought to the attention of CMG Mining Srl by registered letter sent within 10 days of receipt of the invoice. Failing this, invoices are deemed to be accepted without reservation.
7.2. No claim may, under any circumstances, justify delay or non-payment.
8 - Right of withdrawal
8.1. Pursuant to art. 64 et seq. of Legislative Decree no. 206/2005 as amended by Directive 2011/83/EU, if the Customer is a consumer (i.e. a natural person who buys goods for purposes not related to his professional, commercial, industrial or craft activity or does not make the purchase by indicating a VAT number), he is entitled to withdraw from the distance purchase contract (online or off-premises purchases, the withdrawal at the point of sale excludes this right) for any reason, without penalty and subject to the causes of exclusion within 14 days from receipt of goods. To exercise the right of withdrawal, the customer must send notice of their intention to withdraw (we suggest registered mail or other traceable means) within 14 working days from the date of receipt of goods to:
CMG Mining Srl
Via Paride Pascucci, 6
58100 Grosseto
It is also advisable to send an email to info@cmgmining.it explaining the desire to take advantage of the right of withdrawal in order to receive guidance and support on the procedure to be followed, it remains the responsibility of the consumer to prove the exercise of the right of withdrawal in the terms and conditions provided by law.
After receiving the communication, the customer will be sent authorisation to ship the goods (do not send anything without authorisation, the packages will be rejected), which must be returned within 14 days from the date of communication of the intention to withdraw, the costs for the return are borne by the consumer.
The right of withdrawal is subject to the following mandatory conditions:
1) the right applies to the purchased product in its entirety, it is not possible to exercise withdrawal only on part of the purchased product (e.g. accessories, attached software, etc.);
(2) the right does not apply to audiovisual products or computer software sealed once opened;
3) the goods subject to exercise of the right of withdrawal must be returned intact and in normal condition and in original packaging complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc. ...), the consumer must handle and inspect the goods with due diligence any damage or misuse that diminishes the value will be charged to the consumer, to limit damage to the original package, we recommend, when possible, to put it in a second box, on which to affix the return authorization number;
4) the right does not apply to goods made to measure or personalised (e.g. PCs assembled to customer specifications) or which by their nature alter or deteriorate rapidly (e.g. so-called consumables).
CMG Mining Srl will reimburse the customer the amount paid in the shortest time possible and in any case within the terms of the law (14 days from the date of receipt of the withdrawal notice) by means of bank transfer to the customer's current account or by using the same means of payment used by the consumer. The costs and risks of transport for the return are fully borne by the customer.
9 - Limitation of liability
9.1. In the event that CMG Mining Srl is found to be liable for total or partial breach of contract, CMG Mining Srl shall not be liable for indirect and/or unforeseeable damages incurred by the customer. In any case, the total compensation due to the customer shall not exceed the price paid by the customer.
10 - Software rights
10.1. The rights to the software marketed by CMG Mining Srl remain the property of the manufacturers and/or holders of the rights to the software, who grant the user exclusively a licence to use it. All rights to the software are reserved and it is strictly forbidden for the Customer to transfer, license, pledge, or otherwise dispose of the rights to the software to third parties, either for a fee or free of charge.
10.2. The Customer undertakes not to remove or alter the indications of rights given on the material supports of the programmes and the user manual, not to modify the products in any way and to use them only for legitimate and/or permitted purposes.
10.3. The Customer also undertakes to keep the products with due diligence, strictly applying all the manufacturer's instructions; in particular, the Customer may not counterfeit the computer products, nor permit or favour their counterfeiting in any way.
10.4. Customers who are intermediaries between CMG Mining Srl and the end users of the software must include in their terms and conditions of sale the paragraph in 9.1. or a text with the same meaning.
11 - Terms of payment
11.1. An initial condition for the execution of orders (unless other methods are agreed upon in writing with CMG Mining Srl) is the advance bank transfer, cash on delivery or credit card.
12 - Non-payment
12.1. Failure to pay on the due date of the invoice or debit note, any request for postponement of payment or any other fact that determines the customer's default, causes the forfeiture of the terms agreed for the payment of the products, making any credit of CMG Mining Srl towards the customer immediately due; in this case, moreover, CMG Mining Srl shall be entitled to suspend the delivery of the products not yet delivered.
12.2. Furthermore, in the event of non-payment or delayed payment by the Customer, CMG Mining Srl shall be entitled to immediately terminate any contract in progress, without any compensation to the Customer or any other formality than a simple notice by registered letter or fax.
12.3. Each order or delivery is to be considered autonomous and independent of any other order or delivery.
12.4. Incomplete delivery of an order shall not entitle the Customer to refuse payment for the goods delivered.
12.5. Except in the case provided for in Article 5.3, CMG Mining Srl shall be entitled to issue partial invoices according to the deliveries made.
12.6. Even if the Customer asks CMG Mining Srl to carry out accessory services to the sale, such as the installation and/or commissioning of the products, the payment of the invoices relative to the price of the products may in no case depend on the completion of the services of installation or commissioning of the equipment.
12.7. Unless expressly agreed otherwise in writing, failure to pay in full or in part on the agreed due date shall entail the application of interest on arrears at the B.C.E. rate increased by 7 points (Legislative Decree no. 231 of 9/10/2002), plus bank charges.
13 - Property reserve
13.1. In the event of non-payment, in whole or in part, by the due date, CMG Mining Srl may, without the need for a prior judicial order, take possession of the products still in stock at the customer's premises and/or not yet sold by the customer, and the customer undertakes to agree to this without raising any objections. The customer shall inform CMG Mining Srl, under penalty of compensation for any damages, of any seizure or attachment by a third party of products purchased from CMG Mining Srl and not yet fully paid for.
14 - Processing of personal data
14.1. - Pursuant to Legislative Decree no. 196 of 30 June 2003, the customer declares that he/she is aware that the "personal data" communicated and/or exchanged, even during pre-contractual information, will be processed pursuant to Legislative Decree no. 196/2003, for the effects and purposes referred to in Article 24, paragraph 1, letter b) and subsequent amendments and additions of the same D. Lgs. Lgs. 196/2003. It is also understood that the customer expressly consents to the transfer of "personal data" pursuant to and for the purposes of Article 43, paragraph 1, letter b) of Legislative Decree no. 196/2003 and, in any case, to their communication and dissemination.
15 - Place of jurisdiction
15.1. - Any dispute regarding the interpretation or execution of these general terms and conditions and/or the contracts stipulated between the customer and CMG Mining Srl pursuant to these general terms and conditions shall be settled exclusively by the Court of Grosseto (Grosseto Court of Law - Justice of the Peace of Grosseto ). Should CMG Mining Srl be the plaintiff, it may also refer the matter to the Court or the Justice of the Peace in whose district the customer's head office is located.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the User, having carefully read each clause, and having carefully examined the content of the provisions of the articles "3. Registration on the Site", "4. How to Place Orders, Completion of the Contract", "5. Prices and Payments", "8. Shipping and Delivery", "9. Product Warranties and Limitations of Liability", "10. Changes to the General Conditions of Use and Sale", "11. Breach of Terms of Use", "12. Express termination clause", "13. Intellectual and Industrial Property", "14. Applicable Law and Jurisdiction" and "16. Final Provisions", expressly approves and accepts them.