TERMS AND CONDITIONS
WiAutomation (World Industrial Automation) provides all users with the ability to access and use the website wiautomation.com that the Holder exclusively owns, that offers ecommerce automation industrial and marine products. Please read these terms and conditions (hereinafter the “Terms”) before using the Website. By using the Website, the User accepts the Terms and agrees to comply with them. The User may not use the Website without accepting the Terms. The Holder may amend or merely update, wholly or in part, these Terms. Such amendments and updates to the Terms will become binding once published on the Website. The User is therefore invited to review the Terms at each access to the Website and is recommended to print a copy of the Terms for future reference. WiAutomation (WIA) is an independent distributor of surplus industrial automation and networking equipment. We are not an Authorized Distributor or in any way affiliated with manufacturers listed on our website.
WiAutomation (WIA) sells, also online through the ecommerce platform ("Platform") hosted on the wiautomation.com website ("Site"), components and products, both new and refurbished, for industrial automation systems / machines and plants. presented and advertised on the Site specifically requested by the customer and obtained upon request for a quote ("Products"), as well as software that can be downloaded from the link sent by email ("Digital content").
THE CUSTOMERS OF THE SITE ("CUSTOMER / S") ARE ENTITIES WITH A VAT NUMBER (B2B SALES CHANNEL) AND, RESIDUAL AND EXCEPTIONALLY, END CONSUMERS (B2C SALES CHANNEL, "CONSUMER / S").
Scope and contractual documents. Applicable law.
The CONDITIONS - published, made available and downloadable from the Site - APPLY TO ALL PURCHASE CONTRACTS CONCLUDED BY CUSTOMERS THROUGH THE SITE AND THE PLATFORM AND BY EMAIL EXCHANGE BETWEEN THE CUSTOMER AND WIAUTOMATION ("CONTRACTS / O"), with prevalence on any other agreement, even if contained in any general conditions of purchase of the Customer.
Each Contract is therefore understood to be governed (i) by the Conditions and (ii) by the order placed through the Site or by email ("Order"), if and as confirmed in the WiAutomation order confirmation.
In any case, Italian law will be applied.
All orders are processed and shipped within 24-48 hours for products in stock after verification of payment, otherwise if at the time of the order the units in stock will be finished, the products will be ordered and the times may be subject to delays that do not depend on wiautomation (delays of the manufacturer / supplier), in any case the orders will be analyzed on a case-by-case basis to always find the best solution for the customer. Exceptions are products that already have the label "on order" on the product page and that generally require longer times (backorder), unless otherwise agreed by phone / e-mail with the customer.
For orders of multiple products that are present in several of our international warehouses delivery times vary from 2 to 10 working days to allow us to collect everything for shipping.
For products with the label "available to order", the supply times may vary according to the manufacturer's times, in any case if the customer proceeds with the purchase, Parcop s.r.l. / wiautomation reserves the right to refuse refunds because such products are promptly ordered from the manufacturer / supplier without any possibility of return.
To offer fast solutions for some products on order (back-order), WiAutomation can offer the rush-service solution, the customer will have the possibility to choose to pay a different amount to receive the product in less time or wait for the manufacturer's standard times. /supplier.
Shipments will be from Monday to Friday, 9 am - 6 pm CET. Shipments will not be made outside of these hours. WIAutomation accept as payment methods Bank Transfer, PayPal and credit cards via Stripe.
Once your order is shipped, you will receive a shipping confirmation email with a tracking number. If the purchased goods is not available in our warehouse, you will receive an email notification.
WiAutomation shall not be responsible for any orders that were given the wrong address.
The Holder undertakes to describe and to present the Products sold on the Website to the best of his abilities. Nonetheless, some mistakes, inaccuracies or minor differences between the Website and the actual Product may occur. In addition, any picture of the Products which may be found on the Website does not constitute a contractual element, but merely provides a visual representation of the Product. The Products, prices and conditions of sale of the Products, subject to availability, do not constitute a public offer; therefore, they should always be considered as approximate and subject to confirmation by the Holder either via e-mail or through the order confirmation page, subject to availability of the chosen Product. The User expressly confers to the Holder the right to accept, wholly or in part, the order (for example if not all of the ordered Products are available). In this case, the contract will only be completed with regard to the Products which are actually sold. The Holder retains the right to change, at any time, the price of the Products and any related shipping charges. It shall be understood that any changes will not apply to contracts already concluded before such modifications. Any other tax and/or shipping cost borne by the User will be displayed prior to order confirmation. By completing an order the customer agrees that it is responsible for all taxes and fees, taxes or similar charges (including VAT). WiAutomation is not responsible for any duties, taxes or brokerage fees applied to your package. You will be responsible for payment of charges for customs clearance. The declared value is corresponding to the price paid. If your parcel is refused or withdrawn, you will be responsible for shipping charges and any tax or duty that will be charged by the courier. If the package cannot be delivered and will returned to WiAutomation, the return shipping cost of the goods plus the total charges will be deducted from your merchandise refund. The payment methods to purchase the Products will be displayed on the Website at the time of purchase. The Website makes use of payment services provided by third-parties and it does not receive nor process any payment details provided by Users (credit card number, name of holder, pin, etc.). In the event that the above third-party payment services refuse to authorise a payment, the Holder will not be able to provide the Products and may not be held responsible for any delay or failure in their delivery.
CANCELLATION OF ORDERS - DELAYS
WiAutomation is exceptionally available to accept without charge the cancellation of the Order requested by the Customer by email (sent to firstname.lastname@example.org), provided that (i) WiAutomation has not started the preparation of the Order and, in any case, ( ii) the Product has not been shipped and, in any case, (iii) it is not a Backorder (communicated to the customer).
The cancellation and refund of the price paid take place in accordance with the instructions that will be provided, from time to time, by WiAutomation.
In any other case, THE CUSTOMER'S REQUEST TO CANCEL THE ORDER WILL BE ASSESSED BY WIAUTOMATION WHICH, CASE BY CASE, AT ITS DISCRETION, MAY REFUSE OR ACCEPT THE CANCELLATION, ESTABLISHING THE CONDITIONS AND CHARGING THE CUSTOMER (i) the contribution for the management administrative and (ii) transport costs, customs duties and collection and currency exchange fees that may have already been incurred by WiAutomation in relation to the canceled Order.
WiAutomation will notify the customer by email communication if there are delays for orders of products not in stock, then to be ordered from the manufacturer. Wiautomation will wait for a response from the customer, if the response does not arrive Wiautomation will process, cancel or refund the order at its discretion.
For the products to be ordered (back-order) the number of working days in which the product will be shipped is indicative and may suffer delays that do not depend on WiAutomation, but on the manufacturer / supplier.
If customers accept the delivery times communicated (for the backorder) by email or wiautomation will have already processed the order automatically, it will no longer be possible to cancel the order by the customer.
Everybody can buy on our website, privates and companies. WiAutomation would like to make the process of buying our products as easy as possible. With this in mind we have devised 3 easy ways to order and pay for your purchases.
- Official Purchase order (for companies)
If you don't like online ordering, just send an e-mail to email@example.com with your name or company name, addresses, phone number, product(s) code(s) and brand you are interested in purchasing and we will contact you by return.
OFFICIAL PURCHASE ORDER
For companies that don't like to buy online, we accept official purchase orders as well. You can send your official order by email to firstname.lastname@example.org
A member of the financial department will verify the proforma invoice sent by e-mail from the customer which must be previously stamped and signed. With this document, the customer assumes full responsibility in making the payment of the purchase within the terms agreed by the previously received quote, and if this payment is not made within the time agreed between the parties, WiAutomation may request compensation of 30% of the total.
We accept different payment methods including PayPal, Bank Transfer and Credit Cards via Stripe.
All products sold by us are always supplied with commercial invoice.
We issue commercial and electronic invoices for every order placed through the website or through a purchase order sent by e-mail. The invoice is shipped in a document pocket outside the package containing the ordered products.
If you have problems with the invoice received or if you need an electronic copy, please contact us by e-mail at email@example.com or through our online chat.
WiAutomation ship worldwide by DHL express and by GLS express. Note: for shipping outside the European Community customs fees may be applied. We cannot declare an other value than the purchase price. For companies: Must send to WiAutomation the business name, the registered office address and the VAT id number required for invoicing. In case of storage or delivery the customer is responsible for paying all costs. The delivery time may vary depending on the manufacturer's times. Tracking information will be available when the shipment will left our warehouse. Please note: depending on the operator, the tracking information may not be available until 24 hours after sending the goods. Once your order is shipped, you will receive a confirmation email with the tracking number. WiAutomation after entrusted at shipping courier the package is not responsible for any delivery delay.In any case, the delivery times indicated on the Website or the different ones communicated to the Customer by WiAutomation are indicative, especially when delivery takes place outside Italy, therefore WiAutomation IS NOT RESPONSIBLE FOR ANY DELAYS IN DELIVERY.
In any case, WiAutomation is not liable for any damage caused by the courier. The Customer is therefore advised to take out appropriate insurance or to contact WiAutomation to find out about the insurance options available.
The Customer is required to inform himself, independently and under his own responsibility, on the customs duties applicable to the delivery and on the times and formalities for customs clearance of the Products.
Availability of Products.
SOME PRODUCTS ARE NOT IMMEDIATELY AVAILABLE OR ARE MANUFACTURED ONLY TO ORDER ("CUSTOMIZED PRODUCTS"), AS SPECIFIED ON THE SITE IN THE PRODUCT PAGE.
Orders for Customized Products, Products not available at the time of the Order and Digital Content are managed by WIAUTOMATION BY SENDING THE ORDER TO THE MANUFACTURER / SUPPLIER ("BACKORDER"): WIAUTOMATION NOTIFIES THE EXPECTED DELIVERY TIMES TO THE CUSTOMER; also in this case, the delivery times communicated are indicative, unless otherwise agreed between the parties.
Shipping fee include postage and packing. We deliver worldwide by DHL express. In case of your requested product is out of stock (shipping times will be within 2 - 7 working days, except for manufacturer / supplier delays).
The Holder shall deliver to the User, at the address provided, those Products selected and ordered by the User, in accordance with the procedures detailed in the paragraphs above, through a carrier and / or forwarding agents. Delivery will occur according to the timings specified in the order confirmation. Upon receipt, the User must check the conformity of the delivered Products with the order, and only thereafter the User shall proceed with the signing of the documents of delivery, with no prejudice to the right of withdrawal provided for in the clause relating to the “Right to Withdrawal”.The Holder assumes no responsibility for any delay or failure to deliver the goods due to force majeure events, such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and any other event that may prevent, in whole or in part, the performance of the contract within due time. The Holder shall not be liable towards any party or third parties for damages, losses and costs incurred as a result of a failure to perform the contract for the reasons mentioned above.
The warranty for new and refurbished products is 12 months covered by WiAutomation from the delivery date, the used products are guaranteed for 3 months. If the item is not as described, you will have a full refund including all shipping costs. If the item is lost or damaged in transit will be refunded only in case of insurance. Whenever the User intends to make use of the remedies provided by the legal guarantee provided with the Products, the User shall contact the Holder at the email address firstname.lastname@example.org. The Holder shall promptly reply to the communication of the alleged lack of conformity and shall indicate to the User the specific procedure to be followed, taking into account the category of goods relating to the Product, and / or the alleged defect. In any case, defects due to transport by courier, improper use or assembly or inadequate storage or maintenance of the Products and degradation resulting from use are excluded from the Warranty.
At the time of delivery, the Customer is required to verify the conformity of the Product with the Order.
WIAUTOMATION UNDERTAKES TO REPLACE NON-INTACT OR NON-COMPLIANT PRODUCTS AND REPAIR OR REPLACE PRODUCTS RECOGNIZED AS DEFECTIVE AND COVERED BY THE WARRANTY.
Returns are accepted only if previously authorized in writing by WiAutomation by sending the relative RMA (Return Material Authorization) code; upon receipt, WiAutomation examines the returns to verify that the Product is the one sold, that the defect exists, is attributable to its responsibility and is covered by the Warranty and, only in this case, replaces the defective Products. The Warranty is the only one provided by WiAutomation and replaces any other warranty, whether written, oral or implicit, except as provided below for the Consumer.
The report of defects and / or non-conformities of the Products must be communicated to WiAutomation in writing, by email (email@example.com), under penalty of forfeiture, (i) within 5 (five) days of delivery in the case of discrepancies of the Product or obvious defects and (ii) within 8 (eight) days of discovery in the case of hidden defects.
WiAutomation is not an official distributor or representative of the brands on this site. The trademarks and names on this site belong to their respective owners. Rockwell: WiAutomation is not an authorized dealer of surpluses or affiliate of the manufacturer. Products may have older date codes or be an older series than the one available directly from the factory or authorized dealers. Since WiAutomation is not a rockwell authorized distributor, the original manufacturer's warranty does not apply (the 12-month WiAutomation warranty applies). Some Allen-Bradley PLC products will have the firmware already installed, WiAutomation does not guarantee whether or not a PLC product will have firmware and, if it has firmware, if the firmware is the level of revision that is necessary for its application. WiAutomation also does not warrant the ability or right to download or otherwise obtain firmware for the product from Rockwell, its distributors, or any other source. WiAutomation will not obtain or provide firmware on behalf of the customer. It is customer's obligation to comply with the terms of any End User License Agreement or similar document relating to obtaining or installing the firmware.
The tampering, unauthorized removal, failure unfollow of the user instructions, the use of a different voltage from that prescribed, the fitting of non-genuine parts or do not comply with the technical specifications, failures for improper use of the device, the repair attempt by unqualified personnel, the damage caused by natural disasters and not (lightning, fire, flooding, vandalism, etc.), will void warranty. The warranty conditions will apply only to the product, object of malfunction, accompanied by the authorization to return.
No returns of any type will be accepted by WiAutomation if not agreed.
Exceptionally, on a case-by-case basis and at its own discretion, WiAutomation may recognize the Customer's right to return the Product outside the cases of operation of the Warranty, within 15 (fifteen) days of delivery, by filling in and sending the form ("Return").
The Return is excluded for Digital Content and customized Products and is always subject to the authorization of WiAutomation which, in case of acceptance, will send instructions and the relative RMA code.
The Product must be returned within 15 (fifteen) days of WiAutomation's authorization intact and complete with manufacturer's box, packaging materials, manuals, cables and other accessories provided by WiAutomation in the original shipment.
The Customer will be required to pay charges / expenses quantified by WiAutomation also upon receipt and inspection of the returned Product, by way of example by way of (i) administrative management, (ii) restocking, (iii) technical inspection and testing if necessary to make the Product resalable / reusable, (iv) depreciation of the Product (in particular, in the event that the Product has been unsealed) if resalable only as reconditioned; (v) transport costs, (vi) customs charges, (vii) collection fees, (viii) currency exchange. WiAutomation will make the refund within the term that will be communicated to the Customer from time to time, in any case not exceeding 30 (thirty) days. To withdraw from the contract, the User must contact the Owner at the e-mail address firstname.lastname@example.org. The user will receive instructions on how to return the product.
The Owner will reimburse the User with the same payment method used by the latter.
The User must return the Products through a courier of his choice and at his own expense, without undue delay and no later than 14 days from the notification of withdrawal sent to the Owner.
The User is responsible for the integrity of the Product as long as the good is in his possession and takes all appropriate measures to preserve the product and do everything possible to ensure that the product is returned in the best possible condition, including the original intact packaging, instruction manuals, accessories and any other items and other components. The Product must not have been handled in ways that are not strictly necessary to establish the nature, characteristics and functioning of the Product. The Owner will not consider requests to return the Product in case of malfunction of the returned Product due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear.
The customer has 14 days to return the product after the return has been granted. WiAutomation reserves the right to refuse any unauthorized returns and those received after 14 days.
The return once agreed according to the written conditions must be made within the period specified in our warranty terms (on the terms and conditions page), to WiAutomation.
EXCLUSION OF THE RIGHT OF WITHDRAWAL
The right of withdrawal is excluded with respect to: supply of sealed products that have been unsealed after delivery; supply of products or services whose price is dependent on financial market variations that the trader is not able to control, which may occur during the withdrawal period. The customer may request the return of products not later than 15 days from the invoice date. WiAutomation will review all requests case by case. If they are granted a return authorization WiAutomation reserves the right to retain a share of 15 % of the purchase price for a used product and 40% for a new product. Returns for non-defective products create discomfort to our company as it might be the only piece in stock . We would find ourselves in the position of not being able to meet the demands of other customers if there are any. Also if we send a new sealed product and will be returned open it will no longer have the same market value. WiAutomation reserves the right to refuse a return that will be delivered in our warehouses not in the same conditions. All products must be returned complete, as received upon delivery. Includes manufacturer's boxes, packing materials, manuals, cables and other accessories provided by WiAutomation in the original shipment. WiAutomation reserves the right to refuse the return of incomplete products or charge a minimum of 15% for returns that were accepted. The customer is responsible for the shipping cost for returns. The customer has the option of ensure material to cover the damage that may have occurred in transit of returns and to use a courier of his choice. The shipping method you choose must have a tracking number in order to give the possibility to have a confirmation of the shipment. WiAutomation is not liable for loss or damage during the transportation of returned products. WiAutomation is not responsible for damage that may occur in transit during the return of the product. In order to minimize the possibility of damage to products in transit, customer must place correctly the product/s, or original manufacturer's box with the product, in a shipping box with packaging material. The customer must ensure that the product is properly protected with bubbles or packing foam. The products must not be shipped without packing. The preferred method by WiAutomation for the products return is to place each product into a single box. If this is not possible, the customer may enter multiple products in the same box as long as the same are protected in its antistatic bag and separated from each other with bubbles or packaging foam to prevent damage to them. The products must not be returned without an accurate protection inside the box. Crushed or damaged shipping boxes should never be used to return the products.
If the customer is a Consumer, having purchased the Products for purposes unrelated to his business or professional activity, WiAutomation ensures the guarantee provided for by Legislative Decree no. 206/2005 ("Italian Consumer Code", articles 128 and following) for defects and / or defects of the Products for the period of two years from delivery, provided that this is compatible with the nature of the Products, that can be considered as consumer.
The Consumer who intends to assert defects in the Products must promptly notify WiAutomation which, once the existence of the defects / defects reported has been assessed, sends the Consumer instructions for the return of the product at no cost and for the replacement or other remedy available.
The Consumer may exercise the right of withdrawal on the purchase of the Products, provided for in articles 52 and following of the Italian Consumer Code ("Withdrawal"), within 14 (fourteen) days of delivery, by sending notice to WiAutomation and following the instructions published on the Site.
THE CONSUMER WHO EXERCISES THE WITHDRAWAL: (I) RETURNS THE PRODUCTS AT THEIR OWN EXPENSES TO WIAUTOMATION WITHIN 14 (FOURTEEN) DAYS FROM THE COMMUNICATION OF THE WITHDRAWAL, FOLLOWING THE INSTRUCTIONS OF WIAUTOMATION; (II) ALLOWS THE RETURN COSTS OF THE PRODUCTS SUBJECT TO WITHDRAWAL AND (III) RETURNS THE PRODUCTS INTACT AND SEALED IN THE MANUFACTURER'S BOX, PACKAGING MATERIALS, MANUALS, CABLES AND OTHER ACCESSORIES SUPPLIED BY WIAUTOMATION ORIGINAL IN THE SHIPMENT.
After verifying that all the above conditions have been met, within 14 (fourteen) days of receipt of the goods, WiAutomation will refund the price paid for the purchase of the Products subject to Withdrawal and returned, using the same payment method chosen by the Consumer for the purchase.
The refund does not include the costs of delivery and return of the Products, which remain the responsibility of the Consumer.
WITHDRAWAL IS IN ANY CASE EXCLUDED FOR DIGITAL CONTENT AND CUSTOMIZED PRODUCTS, PURSUANT TO LETTERS O) AND C) OF ARTICLE 59 OF THE ITALIAN CONSUMER CODE.
ODR platform. Complaint submission.
Any disputes arising between the Consumer and WiAutomation can be resolved out of court using the service accessible from the new ODR platform, established by Regulation (EU) no. 524/2013. The Consumer can submit a complaint by filling in an electronic form available in the official languages of the European Union, through the ODR platform available on the https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=IT website. In any case, for any dispute between the Consumer and WiAutomation, the court of residence or domicile of the Consumer is competent.
PRODUCTS DAMAGED IN TRANSIT
If an insured package containing the products purchased from WiAutomation arrives in damaged condition at the customer's address, the customer must refuse delivery by the courier.
If the customer accepts delivery of the parcel, the customer must: (i) make Note of the damage on the delivery paper of the Courier so that WiAutomation may file a complaint; (ii) keep, as were delivered, the products, the original box and packing material received; and (iii) promptly notify WiAutomation by contacting customer service via email at email@example.com to arrange an inspection of the courier and the removal of damaged products. If the customer does not note the damage and keep the products received, the original box, packing and does not notify to WiAutomation within 5 days of delivery acceptance, WiAutomation will be deemed to have been accepted the products as if they arrived intact and will be applied a regular right of withdrawal by WiAutomation.
Our technical team is able to repair your faulty parts in a short time. After agreeing on the price and time necessary for the repair, we will organize parts withdrawal quickly and free of charge with our DHL express courier in any country of the world. We always guarantee very short times and the best market prices for all repairs. For most repairs we need a maximum of 1-5 days. If part is unrepairable, we will exchange with a working unit.
The returned item will be carefully reviewed and if the goods state that we will receive like as shipped by WiAutomation a refund will be issued. The refund will be done after 5 working days from receipt of the goods. You will receive an e-mail notification.
All parties agree irrevocably that the General conditions of sale and the obligations deriving from it are entirely subject to Italian law, even if partly abroad and in particular as regards the relationship with the consumer, regulation and discipline contained in the code of consumption referred to in Legislative Decree n. 206 6.9.2005 with specific reference to the rules on distance contracts and in April 9, 2003 Legislative Decree n. 70, in electronic commerce, as well as in the civil code. Also, for any dispute arising from this contract is established jurisdiction, the jurisdiction of the registered office of Parcop s.r.l.. For all disputes arising from the Contracts between the non-consumer Customer and WiAutomation, the Court of Naples North in Aversa, Italy, is competent.
WiAutomation undertakes, in any case, to seek an amicable settlement of the dispute and invites Customers, before using the judicial and extrajudicial tools provided for above, to send an email to the following e-mail address: firstname.lastname@example.org.
These Conditions as well as all sales contracts of which WiAutomation is a party are governed exclusively by Italian law.
USER GENERATED CONTENT
The User may upload content or information on the Website (hereinafter the “Contents” or individually the “Content”), provided that the Content is not illegal (that is: obscene, threatening, defamatory, pornographic, abusive, or in any way illegal, or violates the privacy, intellectual property and / or industrial rights of the Holder and / or of third parties) or does not otherwise harm the Holder and / or third parties, or is not regrettable or at least does not contain viruses, political campaigning, commercial solicitation, mass e-mails or any other form of spam. The Holder, though not able to ensure tight control of the Contents received, reserves the right to delete, move, and edit those Contents that, upon its discretion, appear abusive, defamatory, obscene or in breach of copyright and trademarks, and in any case unacceptable for the Holder. It is forbidden to use an email address that is not in the User’s ownership, use the personal data and credentials of other Users in order to take possession of the latter’s identity, or otherwise misrepresent the origin of the Contents. Users undertake not to use violent terms or terms that discriminate on the basis of race, religion, gender, sexual orientation, physical or mental disability, and more. The use of violent language will lead to immediate suspension and expulsion from the Website. Unless granted with an express authorisation, the User must refrain from disseminating or distributing through any means Content that contains any kind of commercial offers. Users acknowledge and accept that any Content uploaded to interact with the Website (for instance, in order to post comments, express opinions, participate in surveys and initiatives, send pictures or videos or audio files) can be amended, removed, published by the Holder. The User grants the Holder with an unlimited right, free from geographical restrictions, of non-exclusive use on the Content. The Holder may, therefore, directly or through third parties of its choice, use, copy, transmit, extract, publish, distribute, publicly perform, distribute, create derivative works of, host, index, store, record, encode, modify and adapt (including the unlimited right to adapt for the transmission by any means of communication) in any form or by any means now known or to be invented in the future, every Content (including images, messages, also video and audio messages) uploaded by the User, even through third parties. With regard to the Content, the User waives any economic or moral copyright also with respect to the changes made by the Holder to such Content, even in case such changes are not appreciated or accepted by the same author. The Content uploaded will not be returned and will remain property of the Holder who is therefore exempted from any responsibility to the Users for the loss or destruction of such Content. The User ensures that the Contents are sent to the website through his personal account and exclusively by adults. For minors, the Content must be screened and approved by those exercising parental authority.
INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
The Holder declares to be the holder and / or licensee of all intellectual property rights related and / or referring to the Website and / or the materials and contents available on the Website. The User may solely use the Website and the materials and contents included therein for personal, and non-commercial purposes. These Terms do not grant the User any license to use the Website and / or the individual contents and / or the materials available therein. Any other use or reproduction of the Website or material or content included therein is strictly prohibited. All trademarks, names and figurative or other signs, trade names, service marks, word marks, trade names, pictures, images, and logos appearing on the Website are and remain the exclusive property of the Holder, or its licensors, and are protected by applicable trademark laws and relevant international treaties. Any attempt to reproduce the explanatory texts and contents included in the Website, if not authorised, will be considered as a violation of the industrial and intellectual property right of the Holder.
LIMITATION OF LIABILITY
The User agrees to indemnify and hold harmless the Holder (as well as any company or subsidiary, including its representatives, associates, consultants, directors, agents, licensees, partners and employees) from any obligation or responsibility, including any legal expenses incurred for trial defence, that may arise from damage caused to other Users or third parties, concerning any Content uploaded online, any violation of the law or any terms of the present Terms. Therefore, the Holder shall not be liable for: 1. any losses that are not direct consequence of a breach of the contract by the Holder; 2. any loss of business opportunity and any other loss, either direct or indirect, which may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of business contracts or relationships, loss of reputation or goodwill, etc.); 3. damages or losses resulting from interruptions or malfunctions of the Website due to events of force majeure, or due to any accidental and unpredictable events which are, in any case, independent of the will and beyond the Holder’s control, such as, but not limited to, failure or disruptions to telephone or electrical lines, the Internet and / or to other means of communication, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the provision of products, services or Websites by third parties; 4. incorrect or unsuitable use of the Website by Users or third parties; 5. the issuing of false tax documents due to mistaken details provided by the User, the latter having exclusive responsibility for the correct entry of such details Under no circumstances will the cap on the Holder’s liability exceed double the cost paid by the User for the service purchased.
LINK TO THIRD PARTY WEBSITES
The Website may contain links to third party websites. The Holder has no power over these websites and therefore is not, in any way, responsible for their contents. Some of these links may relate to websites of third parties that provide services through the Website. In these cases, the individual services will be regulated by the general terms for the use of the website and services provided by such third parties, in respect of which the Holder assumes no responsibility.
No waiver, by either parties to an article of the present Terms, shall be effective unless it is expressly stated to constitute a waiver and is communicated in writing.
If any of the provisions contained herein shall result unlawful or invalid, it will not be considered any more as part of the Terms, without affecting the enforceability of the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
The Holder reserves the right to amend, at any time, these Terms by giving specific notice on the Website. The User acknowledges and agrees that any amendments to these Terms will apply to the orders placed by the Users after the date of notice of such amendments.
GOVERNING LAW AND PLACE OF JURISDICTION
These Terms and any dispute concerning the interpretation, performance, validity of this contract shall be submitted to the exclusive jurisdiction of the Court where the Holder has its registered office. If the User is a consumer as defined under Article 3 of the Consumer Code, the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State, has mandatory territorial jurisdiction, with no prejudice to the consumer User’s entitlement to bring proceedings in courts other than the “place of jurisdiction of the consumer” pursuant to Article 63 of the Consumer Code, in charge for the area according to one of the criteria set out in Articles 18, 19 and 20 of the “Codice Processuale Civile” (“Civil Procedure Code”).
ONLINE DISPUTE RESOLUTION FOR CONSUMERS
Any consumer who resides in Europe must be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by European consumers to solve, via a non-judicial route, any dispute relating to and / or arising from contracts of sale of goods and services entered into online. As a result, European consumers may use the aforementioned platform for the resolution of any dispute arising from the online contract entered into with the Holder. The platform is available at the following link: http://ec.europa.eu/consumers/odr/
PRIVACY & COOKIE
We collect only the information necessary for us to complete your order or to contact you. We do not store your credit card information or other payments informations and your personal data. Should you opt out of marketing, you will never be contacted and we will not rent or sell your name or personal information without your permission. We utilize “cookies” to help recognize you as a repeat visitor and to track traffic patterns on our site. This information is completely anonymous and used to improve the user-friendliness and functionality of our site. What is a cookie and what is it for? A cookie is a small file that a website sends to your browser and save it to your computer when you visit a website like ours. Cookies are used to operate the site and to improve its performance, but also to provide information to the owners of the site. How can I disable cookies? Most browsers (Internet Explorer, Firefox, etc.) are configured to accept cookies. However, you can check and disable cookies through your browser settings. Please note, however, that disable cookies or functional ones can cause malfunctioning of the site and/or limit the service we offer.