General Terms and 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 regarding the sale of goods bearing the trademarks and logos owned by the Seller (hereinafter “Trademarks”), in order to protect, through controlled communication and careful customer information, the interests of both the Seller and the buyers.

1.2 For the above commercial reasons and based on criteria unilaterally and discretionarily determined by the Seller, the Seller reserves the right to select the parties to whom it sells goods bearing the Trademarks (hereinafter “Buyers”).

1.3 Buyers must have a VAT number and operate a commercial activity involving 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 point 1.2, acceptance of an order does not, under any circumstances, obligate the Seller to sell further goods to the same Buyer at a later time.

1.5 All purchase contracts for goods bearing the Trademarks, concluded at the Seller’s premises, through agents, brokers, or electronically, are governed by these General Terms and Conditions of Sale, which are deemed fully accepted by the Buyer upon signing and placing 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 upon acceptance, even partial, of the order by the Seller.

2.2 The order is considered accepted, without the need for written confirmation, upon delivery of the goods indicated in the order within the limits of available quantity at the time of order fulfillment, or by sending the goods to the address indicated by the Buyer at the time of placing the order, or by direct delivery to the Buyer at the Seller’s premises.

3. Delivery Methods and Costs

3.1 For the delivery of goods, both within Italy and abroad, the conditions and methods agreed in writing between the Parties in the order or invoice front shall apply.

4. Collection, Returns, and Complaints

4.1 Any shortages or external damages to the packages listed on the invoice, and any resulting missing or damaged goods, may be contested to the Seller provided they are noted with 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 cannot dispute the external characteristics of the delivered items.

4.3 Even if the packaging is intact, any hidden damages, anomalies, or defects must be reported in writing to the Seller within 8 (eight) days of receipt, via registered mail with return receipt.

5. Obligations and Prohibitions of the Buyer

5.1 The Buyer undertakes to sell goods bearing the Trademarks exclusively at the point of sale indicated at registration or on the order/invoice.

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

5.3 The Buyer is also prohibited from selling the goods online or by mail order, unless prior written authorization is obtained from the Seller at admin@reamcarpi.it.

5.4 The Buyer undertakes not to implement unfair pricing policies on products bearing the Trademarks aimed solely at harming competitors for the same products.

6. Trademark and Copyright Protection

6.1 Purchasing goods bearing the Trademarks does not authorize the Buyer to use the Trademarks in any way without prior written consent from the Seller at admin@reamcarpi.it.

6.2 Any unauthorized use of the Trademarks will be considered counterfeiting and unfair competition; without the Seller’s prior consent, it is prohibited for the Buyer to place the Trademarks on websites, catalogs, letterhead, or use them as signage or window displays.

6.3 The Buyer is prohibited from using photographic images reproduced on the official website www.eklam.it or any official or seasonal images of products bearing the Trademarks.

7. Suspension and Termination

7.1 Without prejudice to points 1.2 and 1.4, the Seller may suspend ongoing orders and terminate any further relationship due to Buyer’s default, if the Buyer fails to make timely payment, violates any of these Terms and Conditions, or if the Buyer’s financial situation does not provide sufficient solvency guarantees. In such cases, the Seller may declare the Buyer forfeited from payment deadlines, without prejudice to the right to compensation.

8. Payments

Payments for the goods indicated in the order or invoice must be made upon delivery or collection, unless otherwise agreed between the parties.

9. No Exclusivity

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

10. Domicile for Communications

10.1 The Buyer elects the address indicated in the order or at registration for all communications and notifications related to compliance with these Terms and Conditions.

11. Jurisdiction, Competent Court, Governing Law

11.1 Contracts governed by these Terms and Conditions are exclusively subject to Italian law and jurisdiction.

11.2 Any disputes regarding interpretation, application, or execution of these Terms and Conditions shall be exclusively resolved by the court of Modena.

12. Privacy

12.1 Regarding personal data provided by the Buyer during site registration and/or order submission and/or collected and processed by the Seller, the Seller declares that such data will be processed in compliance with EU Regulation 2016/679 and applicable national laws on personal data protection.

12.2 By providing personal data, the Buyer ensures its accuracy and consents to its processing and storage, authorizing its communication to third parties if necessary for execution of contracts or required by authorities.

12.3 The Buyer declares to have read the information pursuant to art. 13 of EU Regulation 2016/679, consents to the processing of the data, and acknowledges their rights. The Buyer understands that failure to consent prevents the Seller from fulfilling the requested supply.

12.4 The Buyer also consents to the Seller using the data, including sharing with supply chain partners, for mailing lists and/or newsletters about promotions, product updates, and Seller initiatives.

13. Amendment of Terms

13.1 These General Terms and Conditions of Sale may be unilaterally amended by the Seller at any time, without notice, and will be effective upon publication on the official website in printable format. It is the Buyer’s responsibility to verify the current terms before placing any order.

13.2 In accordance with point 1.2, the Seller may, at its discretion, grant certain Buyers specific Terms of Sale in writing, which shall prevail over these General Terms in case of conflict.

REAM by Davide Gatti – EKLAM CAMICIE

Carpi (Modena), 15-01-2024