General conditions of B2B sales

General conditions of Sale

1. Selective distribution

1.1 REAM by Davide Gatti , a men's and women's shirt company, (hereinafter "Seller" or "EKLAM CAMICIE"), adopts a selective distribution system relating to the sale of goods characterized by brands and logos available to the Seller (hereinafter " Trademarks”), in order to protect, through controlled communication and an attentive information service to customers, their own interests and those of buyers.

1.2 Due to the aforementioned commercial reasons and based on criteria unilaterally and discretionally determined by the Seller, the latter reserves the right to select the subjects to whom to sell the goods marked by the Trademarks (hereinafter "Buyers").

1.3 Buyers must have a VAT number and manage the commercial activity relating to the sale of clothing within the point of sale indicated in the order and/or at the time of registration.

1.4 In accordance with the provisions of point 1.2., it cannot under any circumstances be considered that the acceptance of an order obliges the Seller to sell further goods to the same Buyer at a later time.

1.5 All purchase contracts relating to goods marked by the Trademarks, concluded at the Seller's headquarters, or through agents, or brokers, or electronically, are governed by these General Conditions of Sale, which are intended to be accepted in full by the Buyer upon moment of his signature and the formulation of the purchase order.

2. Purchase of goods

2.1 Due to the peculiar dynamics and timing of the market, the purchase contract is considered concluded with the acceptance, even if only partial, of the order by the Seller.

2.2 The order is considered accepted, without the need for written confirmation, with the delivery, within the limits of the quantity available at the time of processing the order, of the goods indicated in the order, or with the sending of the same to the indicated address by the Buyer at the time of formulating the purchase order or with direct and immediate delivery to the Buyer at the Seller's premises.

3. Delivery methods and costs.

3.1. Regarding the delivery of the goods, both in Italy and abroad, the conditions and methods agreed between the Parties reported in writing on the order or on the front of the invoice will be valid.

4. Collection, returns and complaints of goods

4.1 Any external deficiencies or tampering with the packages indicated on the invoice and, therefore, the consequent lack or damage to the goods, may be contested against the Seller provided that they have been noted by the carrier in the transport documents and subsequently confirmed within 8 (eight) days to the Seller.

4.2 After signing the document presented by the carrier upon delivery of the goods, the Buyer will not be able to make any objection regarding the external characteristics of what was delivered.

4.3 Even in the presence of intact packaging, any damage, anomalies or hidden defects of the goods must be reported in writing to the Seller, within 8 (eight) days of receipt, by registered letter with return receipt.

5. Buyer's obligations and prohibitions.

5.1 The Buyer undertakes to retail the goods marked by the Trademarks exclusively in the point of sale indicated at the time of registration or the one reported in the order and/or invoice.

5.2 The Buyer is prohibited from selling the goods to third-party resellers or other sales intermediaries.

5.3 The Buyer is also prohibited from selling the goods via the Internet or by mail, except with prior and specific written authorization from the Seller to be requested at the following e-mail addressadmin@reamcarpi.it

5.4 On products marked by the Trademarks, the Buyer undertakes not to implement an incorrect pricing policy, aimed exclusively at damaging any competitors for the same products marked by the Trademarks.

6. Protection of Trademarks and Copyright

6.1 The purchase of goods marked by the Trademarks does not authorize the Buyer to use the Trademarks themselves in any way without prior written authorization from the Seller to be requested at the e-mail addressadmin@reamcarpi.it

6.2 Any use of the Trademarks not previously authorized in writing by the Seller will be considered an act of counterfeiting and unfair competition; by way of example and not exhaustively, without the prior consent of the Seller, the Buyer is prohibited from placing the Trademarks on websites, catalogues, headed paper as well as using them as signs or window decals.

6.3 The Buyer is prohibited from using the photographic images reproduced on the official website www.eklam.it , and in general any official, seasonal image of the products characterized by the Brands.

7. Suspension and termination

7.1 Without prejudice to the provisions of points 1.2. and 1.4., the Seller will also have the right to suspend the processing of orders in progress and terminate any further relationship due to the fault of the Buyer, if the Buyer does not promptly pay for the goods, or violates even just one of these General Conditions of Sale, or if the asset and financial situation of the same does not offer sufficient guarantees of solvency. In the aforementioned circumstances, the Seller may declare the Buyer forfeited from the benefit of the term in relation to any sum due, without prejudice to the right to compensation for damages.

8. Payments

Payments for the goods indicated in the order or invoice must take place at the time of delivery or collection of the goods, unless otherwise agreed between the parties.

9. Prohibition of exclusivity

9.1 In accordance with the provisions of points 1.2 and 1.4, acceptance of the order does not imply the granting of any territorial exclusivity for the Buyer.

10. Election of domicile

10.1 The Buyer elects domicile for the purposes of communications and notifications relating to the obligations connected to these General Conditions of Sale in the address indicated in the order and/or indicated at the time of registration.

11. Jurisdiction, competent court, applicable law

11.1 The contracts governed by these General Conditions of Sale are governed exclusively by Italian law and subject exclusively to Italian jurisdiction

11.2 For any dispute relating to or connected to the interpretation, application and execution of these General Conditions of Sale, the Court of Modena has exclusive jurisdiction.

12. Privacy

12.1 With regard to the personal data provided by the Buyer when registering on the site and/or completing the order and/or otherwise collected and processed by the Seller, the latter declares that the processing of the aforementioned personal data will be carried out in compliance with what provided for by EU Reg. 2016/679 and by the applicable national legislation regarding the protection of personal data.

12.2 The Buyer, in indicating to the Seller his personal data and/or data relating to the people who work for it, assumes responsibility for the truthfulness, correctness and updating of the same and consents to the processing and storage of the aforementioned data, authorizing the relevant communication to third parties if this is necessary for the execution of the contracts governed by these General Conditions of Sale or is requested by the competent authorities.

12.3 The Buyer declares to have read the information provided pursuant to art. 13 of EU Reg. 2016/679, as well as to give consent regarding the processing of the data provided, as well as to be aware of the rights to which they are entitled. The Buyer also declares to be informed that in case of lack of consent the Seller will not be able to fulfill its obligations relating to the supply requested by the Buyer.

12.4 The Buyer also gives his consent so that the Seller can use the aforementioned data, also communicating them to subjects belonging to its supply chain, for inclusion in mailing lists and/or for sending newsletters, aimed at informing the 'Buyer regarding promotions, product news and initiatives of the Seller.

13. Modification of these Conditions

13.1 The General Conditions of Sale contained in this document may be modified unilaterally by the Seller at any time, without any notice and will be valid from the date of publication on the Seller's official website in printable format. It will therefore be the Buyer's responsibility, before sending each order, to take care to verify the exact content of the General Conditions of Sale.

13.2 In line with the provisions of point 1.2., the Seller may, at its discretion, grant, in writing, to certain Buyers, Special Conditions of Sale, which will prevail over the General Conditions of Sale in case of discrepancy.

REAM by Davide Gatti – EKLAM SHIRTS

Carpi (Modena), 15-01-2024