1. Scope of Application
Our offers, that is to say offers made in sales catalogues, price lists, order confirmations, sales and deliveries, are made in accordance with these General Conditions of Sale and Delivery. Variations, additions, or cancellations of these conditions shall be valid only with our prior written consent. This applies also to any additional, secondary, or verbal agreements. Any oral agreement shall be valid only if confirmed in writing by us. We shall not be bound by any other contractual conditions in fulfilling our orders.
If the contracting party, whether a chartered accountant, a legal entity, or a property not defined as a legal entity by law, does not receive the General Conditions of Sale and Delivery together with the offer, or if the contracting party has not received them elsewhere, these conditions shall nevertheless apply if the contracting party knew of them or should have known of them due to previous business dealings with us.
2. Prices
Prices shall be established by our sales documents, in particular by the details contained in the order confirmation. Unless otherwise agreed, prices are deemed to be ex works or ex warehouse.
3. Delivery
Unless otherwise agreed, delivery shall be ex works or ex warehouse within the timeframe set forth in the order confirmation. If the delivery date is not met, the purchaser shall initially have the right only to set a later delivery date. If this later date is also not met, the purchaser may withdraw from the sales agreement. No other claims, in particular compensation claims, may be made against us unless we are seriously at fault.
Our written order confirmation shall determine the size of the order. Obvious slips or calculation errors shall not be binding. If the offer and the order are based on our catalogue, the prices in our most recent price lists shall apply.
4. Vendor’s Right to Withdraw from the Sales Agreement
If we, the vendor, are unable to meet even the later delivery date due to errors or delays by our suppliers, force majeure, government measures, work stoppages, strikes or similar events, we shall have the right to withdraw partially or completely from the agreement. The purchaser shall be informed as soon as the seriousness of such circumstances is established.
If the purchaser has complied with the agreed payment terms, they shall have the right to receive any credits owed by us. However, we reserve the right to inform end consumers, who are third parties, of the transfer of credit to the purchaser and to reclaim such credit directly from the end consumers. The names and addresses of the end consumers shall be provided to us upon request.
5. Retention of Ownership
We, the vendor, shall retain ownership of the goods until all past and future deliveries of goods ordered under the sales agreement, including additional credits, have been fully paid. The purchaser undertakes to respect the vendor’s ownership rights, even if the goods are delivered to third parties and not directly to the purchaser. The purchaser must inform recipients of the vendor’s retention of ownership rights.
Ownership rights are not affected by credit payments into a current account or settlement thereof. The purchaser shall not use the goods as collateral or sell them as security, and may dispose of them only through the usual sales process, subject to retention of ownership rights.
As security, the purchaser assigns to us all claims arising from the resale of goods to third parties. If the purchaser defaults on payment, files for bankruptcy in court or out of court, or requests insolvency proceedings, they shall lose the right to resell, use, or process the goods that remain our property, as well as the right to reclaim credits already assigned to us.
The purchaser must immediately notify us of any interventions by third parties concerning goods supplied by us. In such cases, our ownership rights and rights to the assigned credits remain intact.
Our ownership rights also remain valid while goods are in transit to the purchaser via a carrier, who must handle them with due care.
If the purchaser provides security exceeding the value of the goods by twenty five percent, we shall release ownership rights to fully paid goods at our discretion.
6. Payment
a) The purchaser shall pay all invoices in full. If an invoice is not paid within the stipulated term, customary bank charges shall automatically be applied without further notice. Payments received shall first be used to cover previous outstanding amounts. Payments must be made free of charge to our account.
b) If the purchaser fails to pay, initiates insolvency proceedings in court or out of court, or files for bankruptcy, all outstanding invoices shall become payable immediately. The same applies if we receive information about the purchaser’s finances that makes further credit unreasonable. In such cases, we may demand advance payments or additional guarantees and may withdraw wholly or partially from existing agreements, as well as take legal action for breach of contract.
c) Offsetting by the purchaser is permitted only with confirmed, guaranteed, or legally binding claims. No deductions may be made unless arising from the same sales agreement.
7. Complaints / Warranty
The purchaser must inspect each consignment immediately for defects and compliance with the contract. Transport damages must be confirmed in writing by the carrier at the time of delivery. We are liable for obvious defects only if notified in writing within six days of receipt, with a precise description of the defects.
Defective goods must remain available for inspection by our appointed representative. Hidden defects must also be reported in writing, with exact details, within the guarantee period. The guarantee complies with European Union Directive number 679 of 2016.
Customary industry variations in size, finish, colour of leather, textiles, wood grain or similar, especially in subsequent batches, are not grounds for complaint. If the purchaser supplied the raw materials, they forfeit all warranty and compensation claims if defects in the finished goods result from defects in those raw materials.
If complaints are justified, we shall, at our discretion, repair or replace the goods. The replacement value shall not exceed the original order value. The purchaser must provide the necessary time and support for repair or replacement. Replaced parts become our property.
We are not liable for additional costs if repaired or replaced goods are to be delivered to a destination other than the original. If repairs or replacements are not carried out properly or on time, the purchaser may withdraw from the agreement or request a price reduction.
All further claims, in particular compensation, are excluded unless expressly agreed in writing or unless we are seriously at fault.
8. Place of Arbitration
Unless otherwise required by Italian law, all disputes arising from commercial transactions shall be settled by arbitration in Bolzano.
9. Data Protection
We process personal data in accordance with the General Data Protection Regulation, number 679 of 2016 of the European Union. Detailed information on data protection can be found at www.plank.it/privacy
10. Validity Clause
If one or more of the clauses should be cancelled, the whole agreement shall be deemed to be null and void.
LAST UPDATE: 01.09.2025