GENERAL TERMS AND CONDITIONS OF SALE

IT AND GENERAL SRLS

GENERAL TERMS AND CONDITIONS OF SALE

IT AND GENERAL SRLS


1. Definitions

  • Seller: IT AND GENERAL SRLS, whose details are set out in Art. 2.
  • Website: the online store at itg-shop.eu.
  • Customer: anyone placing an order through the Website.
  • Consumer: a Customer who is a natural person acting for purposes outside any trade, business, craft or profession they may carry on (Art. 3 of Italian Legislative Decree 206/2005, the "Consumer Code").
  • Business Customer: a Customer purchasing in the course of their business or profession.
  • Products: physical goods sold on the Website, such as appliances, routers, switches, antennas and accessories.
  • Digital Content: software licences, activation keys and software subscriptions (for example pfSense Plus and TNSR) supplied in non-physical form.
  • Services: technical support services (including Netgate TAC), consulting, configuration and professional services.
  • Order Confirmation: the email by which the Seller accepts the Customer's order.

2. Seller details

IT AND GENERAL SRLS
Registered office: Via Adriano Ferraresi 12, 00133 Rome (RM), Italy
VAT and tax code: IT18286811007
REA: RM-1774541
Share capital: € 1,000 fully paid

Email: itg-it@itg-shop.eu
PEC (certified email): itandgeneral@lamiapec.it
Phone: +39 06 7300 0527 (working days, office hours)


3. Scope

3.1 These General Terms and Conditions of Sale ("Terms") govern distance sales of Products, Digital Content and Services concluded through the Website.

3.2 These Terms are available in Italian and English, with identical content. For Business Customers, the Italian version prevails in case of discrepancy; for Consumers, the interpretation most favourable to the Consumer applies.

3.3 In dealings with Business Customers, these Terms prevail over any general purchasing conditions of the Customer, unless otherwise agreed in writing. Formal quotations and offers issued by the Seller may contain specific conditions, which prevail over these Terms to the extent they provide.

3.4 The Website accepts orders for delivery in Italy and in the other Member States of the European Union. For other destinations, please request a quotation through the contact form.


4. Customer status

4.1 Whether a Customer is a Consumer or a Business Customer depends on the purpose of the purchase, not on the tax document requested. A Consumer may request an invoice using their tax code without losing any protection.

4.2 A Customer who enters a VAT number when ordering declares that they are purchasing as a Business Customer and is responsible for the accuracy of that declaration.

4.3 Clauses that apply to only one category of Customer are expressly identified. Where no category is stated, the clause applies to all Customers, without prejudice to the mandatory rights granted to Consumers by law.


5. Product information

5.1 The main characteristics of Products, Digital Content and Services are set out on their pages on the Website, based on manufacturer information. Images are for illustration only.

5.2 Before purchasing, the Customer is invited to check that the Product is compatible with their infrastructure and meets the stated technical requirements. If in doubt, the Customer may contact the Seller, who will provide guidance before the order. For Consumers, the conformity guarantee also covers any particular purpose made known to the Seller and accepted by it before the contract was concluded.

5.3 Availability shown on the Website is updated periodically and is indicative. If an ordered item is unavailable, the Seller will inform the Customer of the expected lead time; the Customer may wait or cancel the order with a full refund within 14 days.


6. Conclusion of the contract

6.1 Submitting an order with the "Order with obligation to pay" button constitutes a contractual offer by the Customer. Before submitting, the Customer can review and correct the data entered in the order summary.

6.2 The contract is concluded when the Customer receives the Order Confirmation by email. The Order Confirmation summarises the Products, prices, delivery costs and payment method, and contains these Terms, or a permanent link to them, on a durable medium.

6.3 The Seller may decline an order, informing the Customer and refunding any amount paid within 14 days, in the case of: Product unavailability; an obvious and recognisable pricing error; incomplete or unverifiable Customer data; export restrictions under Art. 20.

6.4 Orders are archived by the Seller and registered Customers can view them in their account area on the Website.


7. Prices

7.1 Prices are in Euro. Prices are shown to Consumers including VAT; they may be shown to Business Customers excluding VAT, which is added at checkout where applicable.

7.2 For Business Customers established in another EU Member State with a VAT number valid in the VIES system, the invoice is issued without VAT under the reverse charge mechanism.

7.3 Delivery costs and any additional charges are shown before the order is submitted. The applicable price is the one in force when the order is placed.

7.4 For shipments outside the European Union, customs duties, local taxes and clearance charges are borne by the Customer and are not included in the price.


8. Payment

8.1 Payment may be made using the methods shown at checkout: [credit/debit card via …, PayPal, advance bank transfer]. Card payments are handled by authorised payment service providers, in compliance with PSD2 and strong customer authentication. The Seller does not receive or store full payment card details.

8.2 For bank transfers, the order is processed once the funds are received. If payment is not received within 7 days of the Order Confirmation, the Seller may cancel the order.

8.3 Deferred payment terms may be agreed in writing with Business Customers. Late payments accrue default interest under Italian Legislative Decree 231/2002, and the Seller may suspend further supplies until payment is made.


9. Delivery

9.1 For deliveries in Italy, the Customer chooses the carrier from the options offered at checkout. For deliveries to other EU countries, shipping is entrusted to a carrier chosen by the Seller.

9.2 Orders for in-stock Products paid by 11:30 (Italian time) on a working day are normally handed to the carrier the same day. Indicative delivery times:

  • Italy: 24–48 working hours
  • Main EU destinations: 3–5 working days
  • Rest of the EU and remote areas: 5–7 working days

9.3 Unless otherwise agreed, the Seller delivers Products to Consumers within 30 days of the conclusion of the contract. If delivery is not made in time, the Consumer may set an appropriate additional period; if delivery is still not made, the Consumer may terminate the contract and obtain a refund of all amounts paid, under Art. 61 of the Consumer Code.

9.4 On delivery, the Customer is invited to check that the number of parcels is correct and the packaging is intact, and in case of visible damage to accept delivery "with reservation" and inform the Seller as soon as possible. Business Customers must report transport damage within 8 days of delivery. For Consumers, failure to make a reservation does not affect their warranty rights.

9.5 Digital Content is supplied by email or through the account area of the Website, normally within 2 working days of the Order Confirmation, unless a different time is stated on the product page or is due to the manufacturer.


10. Transfer of risk and ownership

10.1 For Consumers, the risk of loss or damage passes to the Consumer when they, or a third party designated by them other than the carrier, take physical possession of the Products.

10.2 For Business Customers, risk passes when the Products are handed to the carrier.

10.3 For Business Customers with deferred payment, ownership of the Products passes only upon full payment of the price.


11. Right of withdrawal (Consumers only)

11.1 The Consumer may withdraw from the contract within 14 days, without giving any reason and without penalty. The period runs:

  • for Products, from the day the Consumer, or a third party designated by them other than the carrier, takes possession of the Products; for an order delivered in several shipments, from receipt of the last Product;
  • for Services and Digital Content, from the day the contract is concluded.

11.2 To withdraw, the Consumer sends an explicit statement before the period expires to itg-it@itg-shop.eu or to the certified email itandgeneral@lamiapec.it, using the form in Art. 14 or any other clear statement. The Seller confirms receipt by email.

11.3 The Consumer returns the Products without undue delay and in any case within 14 days of notifying the withdrawal, to: [returns address]. The direct cost of returning the Products is borne by the Consumer.

11.4 The Seller refunds all payments received, including standard delivery costs, within 14 days of being informed of the withdrawal. If the Consumer expressly chose a delivery method more expensive than the standard one, the difference is not refunded. The refund is made using the same payment method used for the purchase, unless otherwise agreed and in any case at no cost to the Consumer. The Seller may withhold the refund until it has received the Products or until the Consumer has provided proof of having sent them back, whichever is earlier.

11.5 The Consumer is liable only for any diminished value of the Products resulting from handling other than what is necessary to establish their nature, characteristics and functioning. The Seller may deduct such diminished value from the refund. The Consumer is invited to return the Products with their accessories and, where possible, in the original packaging; missing original packaging does not cancel the right of withdrawal, but may be taken into account when assessing diminished value.


12. Exceptions to the right of withdrawal

12.1 Under Art. 59 of the Consumer Code, the right of withdrawal does not apply to:

  • Digital Content not supplied on a tangible medium (licences, activation keys, software subscriptions), if performance has begun with the Consumer's prior express consent and acknowledgement that they thereby lose their right of withdrawal, and the Seller has provided confirmation of that consent on a durable medium;
  • Services, once fully performed, if performance began with the Consumer's prior express consent and acknowledgement that they will lose their right of withdrawal once the contract has been fully performed;
  • Products made to the Consumer's specifications or clearly personalised, including devices pre-configured to specifications provided by the Consumer;
  • sealed software that has been unsealed after delivery.

12.2 The consent and acknowledgement referred to in 12.1 are collected through a dedicated checkbox when ordering and reported in the Order Confirmation. If the Consumer does not give consent, Digital Content is supplied and Services begin after the withdrawal period has expired.

12.3 If the Consumer requested that a Service begin during the withdrawal period and then withdraws before it is fully performed, they must pay an amount proportionate to what has been provided up to the time of withdrawal.


13. Digital Content and licences

13.1 Software licences and subscriptions are granted by the manufacturer (for example Netgate) under its own licence agreement (EULA), which the Customer accepts upon activation. The purchase grants a right of use, not ownership of the software.

13.2 The term of subscriptions runs from activation or from issue of the licence, according to the manufacturer's rules stated on the product page. Subscriptions do not renew automatically unless expressly stated.

13.3 Consumers retain the conformity rights for digital content and digital services provided by Articles 135-octies et seq. of the Consumer Code.

13.4 For Business Customers, orders for licences, subscriptions and Services cannot be cancelled after the Order Confirmation. Orders for Products may be cancelled before shipment only with the Seller's written consent. Returns of non-defective Products are accepted only with the Seller's prior written authorisation and may be subject to a restocking fee communicated in advance.


14. Model withdrawal form

Complete and return this form only if you wish to withdraw from the contract (Annex I, part B, of the Consumer Code).

To: IT AND GENERAL SRLS, Via Adriano Ferraresi 12, 00133 Rome, Italy – email itg-it@itg-shop.eu – PEC itandgeneral@lamiapec.it

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/for the provision of the following service (*):

  • Order number: ____________
  • Ordered on (*) / received on (*): ____________
  • Name of Consumer(s): ____________
  • Address of Consumer(s): ____________
  • Signature of Consumer(s) (only if this form is sent on paper): ____________
  • Date: ____________

(*) Delete as appropriate.


15. Legal guarantee of conformity (Consumers)

15.1 The Seller is liable to the Consumer for any lack of conformity that becomes apparent within 24 months of delivery of the Products, under Articles 128 et seq. of the Consumer Code. Unless proven otherwise, any lack of conformity that becomes apparent within one year of delivery is presumed to have existed at the time of delivery.

15.2 The Consumer must notify the Seller of the lack of conformity within two months of discovering it, using the contact details in Art. 2. Claims for defects not fraudulently concealed are time-barred 26 months after delivery.

15.3 The Consumer is entitled, free of charge, to have conformity restored by repair or replacement, at their choice, unless the chosen remedy is impossible or disproportionately costly. In the cases provided by law, the Consumer is entitled to a price reduction or to terminate the contract. Shipping costs for handling the guarantee are borne by the Seller.

15.4 Guarantee claims are handled by the Seller. For Netgate Products, the Seller may use the manufacturer's return authorisation (RMA) procedure and may ask the Consumer for reasonable cooperation, such as providing diagnostic information, without limiting the Consumer's rights against the Seller.

15.5 Any commercial guarantee offered by the manufacturer is in addition to the legal guarantee and does not replace or limit it.


16. Warranty for Business Customers

16.1 The Seller warrants the Products against defects under Articles 1490 et seq. of the Italian Civil Code for 12 months from delivery, unless otherwise agreed in writing. The Business Customer must report defects within 8 days of discovery, failing which the right is lost.

16.2 For Netgate Products, prior RMA authorisation issued by the manufacturer via www.netgate.com/tac-support-request is required. Returns without an approved RMA are not accepted. If no defect is found or the RMA is rejected, the Seller may charge the Customer for shipping and inspection costs, communicated in advance.

16.3 The Seller will, at its option, repair or replace the defective Product or refund its price. Subject to Art. 19, any further remedies and damages are excluded.


17. Warranty exclusions

17.1 The following do not constitute a lack of conformity or a defect, when the damage is caused by:

  • power surges or external electrical events;
  • hardware tampering;
  • installation, configuration or updates not in accordance with the manufacturer's instructions;
  • improper use or use outside specifications;
  • operation in environments unsuitable in terms of temperature, humidity or power supply;
  • normal wear of consumable parts.

17.2 For Consumers, the exclusions in 17.1 do not limit the legal guarantee of conformity in any way and apply only where the damage is actually caused by one of the listed causes.


18. Technical support and professional services

18.1 Services are provided as described on the product page or in the accepted quotation, including any service levels (SLAs). The Seller undertakes to provide them with due professional care; unless otherwise agreed in writing, this is an obligation of means and not of result.

18.2 Netgate TAC support is provided directly by the manufacturer under its own terms; the Seller arranges its activation.

18.3 The Customer remains responsible for the management, configuration and security of its own infrastructure, and for making backup copies before any intervention. The Customer provides the necessary information and access and authorises the agreed remote interventions.


19. Limitation of liability

19.1 For Business Customers, except in cases of wilful misconduct or gross negligence (Art. 1229 of the Italian Civil Code), the Seller's liability for any cause connected with the contract is limited to the price paid for the Product or Service that gave rise to the damage. Indirect damage, loss of profit, loss of data and business interruption are excluded.

19.2 For Consumers, nothing in these Terms excludes or limits the Seller's liability beyond what is permitted by law. The rights provided by the Consumer Code remain unaffected, including liability for defective products.


20. Export controls

20.1 Certain Products and Digital Content, in particular devices and software with cryptographic functions, may be subject to EU dual-use rules (Regulation (EU) 2021/821), EU restrictive measures and the export laws of the manufacturer's country.

20.2 The Customer undertakes not to export, re-export or transfer such Products to countries, persons or uses prohibited by those rules. The Seller may decline or suspend an order if it has reason to believe that it breaches export control or international sanctions rules.


21. Intellectual property

Trademarks, product names and software remain the property of their respective owners. Nothing in these Terms transfers to the Customer any intellectual property rights beyond the right of use granted by the licences.


22. Personal data protection

22.1 The data controller is IT AND GENERAL SRLS. Personal data is processed in accordance with Regulation (EU) 2016/679 (GDPR), as described in the Privacy Policy and the Cookie Policy.

22.2 The Website infrastructure and certain management services are provided by the affiliated company IT AND GENERAL LIMITED (United Kingdom), appointed as data processor under Art. 28 GDPR. Data is transferred to the United Kingdom on the basis of the adequacy decision adopted by the European Commission for the United Kingdom. IT AND GENERAL LIMITED is not a party to the contract of sale.


23. Force majeure

23.1 The Seller is not liable for delays or failures caused by events beyond its reasonable control, such as natural disasters, strikes, transport or network disruptions, measures by public authorities and unavailability of products from the manufacturer. The Seller will inform the Customer without delay.

23.2 If the impediment lasts more than 60 days, either party may terminate the contract for the part not yet performed, with a refund of any amount paid for items not yet supplied. Consumers' rights under Art. 9.3 remain unaffected.


24. Complaints and dispute resolution

24.1 Complaints may be sent to itg-it@itg-shop.eu or to the certified email itandgeneral@lamiapec.it. The Seller replies within 10 working days.

24.2 Consumers may use alternative dispute resolution (ADR) procedures under Articles 141 et seq. of the Consumer Code. [The Seller does not adhere to any specific ADR body / The Seller adheres to: name of the body.] Consumers may in any case bring proceedings before the competent court.


25. Governing law and jurisdiction

25.1 The contract is governed by Italian law. For Business Customers, the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

25.2 Consumers resident in another EU Member State retain the protection of the mandatory consumer protection rules of their country of residence.

25.3 Disputes with Consumers fall under the jurisdiction of the court of the Consumer's place of residence or domicile. Disputes with Business Customers fall under the exclusive jurisdiction of the Court of Rome.


26. Final provisions

26.1 The Seller may amend these Terms; amendments apply only to orders placed after their publication on the Website.

26.2 If any clause is held invalid, the remaining clauses remain in force. Tolerance of a breach does not constitute a waiver of the related rights.

26.3 Communications to the Customer are normally sent to the email address given in the order.


Specific approval (Business Customers only)

Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Business Customer specifically approves the following clauses: Art. 3.3 (precedence of these Terms); Art. 8.3 (suspension of supplies); Art. 9.4 (time limit for transport damage); Art. 10.2 and 10.3 (transfer of risk and retention of title); Art. 13.4 (cancellations and returns); Art. 16 (warranty, time limits and RMA); Art. 19.1 (limitation of liability); Art. 20 (export controls); Art. 23.2 (force majeure); Art. 25.1 and 25.3 (exclusion of CISG and exclusive jurisdiction of the Court of Rome).


Version updated on: [publication date]
These Terms replace all previous versions published on the Website and apply to all orders placed from the above date onward.
Orders placed before that date remain governed by the terms in force when the order was concluded.


Copyright © 2025–Today IT AND GENERAL SRLS. All rights reserved.