GENERAL CONDITIONS FOR THE ONLINE SALE OF THE
PRODUCTS OF THE COMPANY MAIOR GROUP SRL
1.1 OBJECT - DEFINITIONS: this general conditions govern the sales of products made by the Supplier as part of an online sales system that runs through its website: http://eneos.maior-group.com (hereinafter referred to simply as “website”, simply the expression "Website") and the conditions to access / for the access to the same online sales system of the supplier.
1.2 The term "Supplier" is taken to mean the company MAIOR GROUP S.R.L. based in Vicenza (VI), Via Divisione Folgore5b, registration with the Register of Vicenza businesses, tax code 03948440247, VAT no. 03948440247.
1.3 The term " Client" is taken to mean the business, the customer of the supplier, which makes the purchase of a product for purposes solely related to entrepreneurial activities carried out by the same. It is therefore indicated that the Supplier, through the Website, does not intend in any event to achieve, or concretely realize, an online sales system dedicated to consumers, i.e. to natural persons who purchase products for their personal or home use, not directly connected to the commercial or professional activities eventually carried out by these.
1.4 The term 'Products' is taken to mean as the products made by the Supplier and then by the same Supplier sold through the online sales system operated by means of its Website.
1.5 Condition for the completion of each purchase order is the express acceptance of these general conditions.
2.1 ACCESS TO THE Supplier’s online sale system: Access to on-line sales system of Supplier’s Products, through the Website, is conditional upon the issue by the Supplier, of a credential for authentication, which consists in an identification code (username) and a password (password), both distinct for each individual customer.
2.2 Username and password are communicated by the Supplier, in confidence, to the email address of the Client from the same statement at the time of registration of their data; such username and password will be used by the Client for each subsequent online purchase. In the event that they are forgotten, appropriate information must be given to the Supplier (by writing to firstname.lastname@example.org and specifying in this communication the e-mail address to which the Supplier has sent the original username and password); the Supplier will then let the new username and password be known to the Client with a further new communication .
2.3 The Client may not, under any circumstances, give in or allow the use of the username and password to third parties. The breach with these provisions will result in their immediate as well as a compensation for any damage that the Supplier had to suffer from the violation.
2.4 The Supplier specifies, immediately, that the area of their Website dedicated to online sales do not use so-called persistent "cookies" of any kind, IP addresses are not tracked, and no similar, continuous, user tracking systems are adopted to transmit personal details.
The use of session cookies (i.e. temporary , that expire at the end of each browser session) is restricted to optimizing the enjoyment of the Website, that is, to ensure a faster completion of the online Products purchase procedures.
3.1 CONCLUSION OF the PURCHASE: the online purchase of products can be made solely by accessing, through said username and password, to the specific part of the website of the Supplier dedicated to this purpose, where the Client is required to follow the procedures purchase therein specified.
3.2 The purchase of the Products is considered to have been processed and is effective between the parties - once the Client has completed the online procedure of purchase and payment for the Products -, only upon receipt by the Client of the communication referred to in the following paragraph 3.3. Consequently, what required by the Client must be understood as an irrevocable offer that, in order to become binding for the Supplier, must be expressly accepted by this; in any case, it is without prejudice to the provisions of 3.5.
3.3 Within the business day following the completion of the procedure, the Supplier shall send to the Client a specific summary e-mail on the purchase order, in which are reported the details of the Client and his ordination, the overall price of products purchased, taxes, and the address to which the products will be delivered. It should be noted, moreover, that such information is already made available to the Client before completing the purchase process (resulting, in fact, this passage made mandatory before the completion of the procedure itself).
3.4 The Client undertakes to see to the press and the preservation of what is transmitted by the Supplier pursuant to the previous paragraph 3.3.
3.5 The Supplier reserves the right to cancel a purchase order - in the occurrence of circumstances that make it impossible to deliver - even if the online purchase process of the products has already been completed and the Supplier has already provided the confirmation referred to in 3.3; the cancellation of the order may in no case act beyond the 7 (seven) business days following the date of completion of the purchase. The cancellation of the purchase order does not entitle the Client to claim compensations and / or reimbursement of any kind, the latter being only entitled to full restitution of the price, if already paid, and of any accessory charges sustained.
3.6 Any customization of the Products will only be made in respect of the technical rules stated by the Supplier in the same on-line purchase process of the same products.
4.1 PAYMENT method/modalities AND reimbursement: The Client agrees/undertakes to pay the total price of products purchased in the time and manner specified by the Supplier in the online purchase procedures.
4.2 Any reimbursement to the Client - which can occur, for example, if, despite having completed the procedure, the Supplier has cancelled the purchase order under the preceding paragraph 3.5 - is credited by through one of the arrangements proposed by the Supplier .
4.3 All communications related to payments are made on a dedicated line protected by an encryption system. The Supplier guarantees the storage of this information with an additional layer of security encryption in accordance with the provisions of current legislation on the protection of personal data.
5.1 PRODUCT DELIVERY: the Supplier undertakes to deliver the products selected and ordered in the manner and within the time specified at the time of purchase and, therefore, confirmed in accordance with paragraph 3.3. It is stated that, for the purpose of determining the terms of delivery, the specifics / customization that may be provided by the Client as well as the amount of commissioned products are taken into account.
5.2 The shipping costs of the products are indicated to the Client before completion of the procedure, in accordance with paragraph 3.3.
5.3 The Client is required to check and control the products when they arrive to make sure of their compliance with the purchase order or to spot the presence of visible defects attributable to the Supplier. Any claims for discrepancies regarding the quantity, kind or type of products supplied must be communicated to the Supplier, in writing, within a maximum period of 15 (fifteen) days of the receipt, mentioning all the details for immediate control; after this period, the Products are considered in effect accepted by the Client. Instead, any breakage, damage, tampering or misconduct? attributable to the carrier must be reported to this in accordance with the law, always giving opportune knowledge to the Supplier as well; in any case, with reference to transport-related risks, it is understood that the Supplier loses any possible liability with the delivery of the goods to the first carrier.
6. PRICES: the selling prices of products are expressed in Euros, do not include VAT (and / or any other fees) that will be displayed separately; likewise, also the shipping costs and any accessory costs (eg. customs clearance costs, customs duties, etc.), if any, are not included in the purchase price, but are set separately and made known to the Client.
7.1 LIMITATIONS OF LIABILITY: The Supplier assumes no responsibility for any problems arising from facts not attributable to the supplier, such as failures of the Client’s hardware or software, unavailability of data transmission lines, or generally to other facts that determine the impossibility or limitation of the availability of internet connection.
7.2 In any case, the Supplier cannot be held responsible for any damages, losses and costs suffered by the Client as a result of /related to failure to make delivery, being the Client entitled only to full reimbursement of the price and any accessory costs incurred.
7.3 The Supplier also declines any responsibility for any fraudulent or illegal use of credit cards that may be made by third parties (or other means of payment) upon payment of the products purchased, provided that they prove that all possible precautions based on the best science and experience of the moment and according to ordinary care have been taken.
7.4 Finally, with specific reference to products subject of customization by the Client, the latter assumes authorship of the customization itself, taking on any resulting liability towards third parties that may complain about violation of their own intellectual and industrial rights, i.e. injury to the image, honor, decency, moral integrity or otherwise for any pecuniary and non-pecuniary damage causally connected. The Client will then be required to hold harmless and indemnify the Supplier from any claim for damages, indemnity payment or whatever else may be asked for by third parties as a result of the above infringements and/or injury.
8.1 CONFIDENTIALITY: All information and data related to products and obtainable through access to the Website of the Supplier as well as through the completion of the purchasing procedures of the Products are to be understood as absolutely confidential.
8.2 In particular, the Client is forbidden to reproduce , unless previously authorized, any drawings and documents found on the Website and of which the Client could gain knowledge and availability through the conduct of the online purchasing procedures in question.
8.3 The Client is required to ensure confidentiality of information, taking all the necessary measures towards their employees and those who more generally operate in various capacities within their company and / or cooperate with it, even under dell'art.1381 of the Civil Code.
9. FILING modality/mode: under article 12 of the Decree. n.70 / 2003, the Supplier informs the Client that each order sent is stored in digital / paper form on the server / at the Supplier’s headquarters, according to confidentiality and security policies.
10. COMMUNICATIONS AND COMPLAINTS: direct written communications to the Supplier and any complaints will be considered valid only if sent by e-mail to the following address email@example.com. In its data form, The Client shall indicate on the data formtheir registered office, the telephone number or the email address to which they wish to be sent notices of the Supplier .
11. dispute settlement: all disputes arising from the execution and interpretation of these general conditions, as well as resulting from individual online purchases made by the Client, are under the exclusive jurisdiction of the Supplier’s venue.
12. APPLICABLE LAW: The present general conditions as well as individual online purchases made by the Client are governed by Italian law.
13. DATA PROCESSING: the purposes and methods of processing of the Client’s personal data by the Supplier are specified in Article 13 of the Decree. No. 196 of 2003, provided to the Client together with these general conditions.
14. FINAL CLAUSE: If any contractual provision established in these general conditions proves invalid or void, this circumstance does not affect the validity of the other provisions, which remain therefore valid and enforceable.
Pursuant to and for the effects of 1341 and 1342 of the Italian Civil Code, the following points are expressly approved by the Client: 1.3 (Consumer exclusions); 3.6 (cancellation of purchase orders); 5.4 (verification of products); 7. (limitation of liability); 8. (confidentiality); 11. (settlement of disputes).
Ex ART. 13 LEGISLATIVE DECREE NO. n. 196/2003
i) In accordance with the national legislation on personal data protection, and in particular article 13 of Legislative Decree no. n. 196/2003 (Code regarding the protection of personal data), the Supplier informs that all Client’s data will be processed in accordance with legal provisions, for the purposes and in the manner explained below. First of all, these data are used for the following purposes:
[A] allow the Client access to the Supplier’s Website dedicated to online sales of their products and thus enabling them to fulfill all the purchasing processes as well as to fulfill all the resulting administrative, commercial, accounting and tax activities arising from online sales, as well as to fulfill, in general, any possible legal obligations;
[B] disclose to the Client, by regularly sending advertising and informative material by e-mail, information regarding the Supplier's products as well as any further initiative, commercial or not, launched by them.
ii) The Client’s data are processed both on paper and electronically, in compliance with current laws. The Supplier undertakes to treat as confidential the data and information provided by the Client and not to disclose them to unauthorized persons, or use them for purposes other than those for which they were collected, or transmit them to third parties.
iii) The personal data will be disclosed only to third parties who carry out activities necessary for the execution of contractual commitments made by the Supplier and the Client (e.g. banks, credit recovery companies, transport companies and shipping, outdoor facilities which work directly with the Supplier in the technical management and informative Website). These data may also be shared with the Supplier’s personnel in charge of delivery and shipping of the Products, the management of the Website and the performance of the marketing business.
iv) The disclosure of personal data by the Client is a necessary condition for the online purchase of the Supplier’s Products. Otherwise, to the Client shall not be given this possibility, nor shall they be able to make purchases using the procedures specified therein. With regard to marketing activities (purposes stated in letter [B]) performed by the Supplier, the failure to disclose data and / or the lack of consent to their treatment will not enable the sending of advertising and information mentioned above.
v) The data collected will be kept for a period of time not exceeding that necessary for the purposes for which it was collected and subsequently processed and subject to the terms-limits imposed by law.
vi) The customer enjoys the rights under Art. 7 of Leg. 196/03, namely the right to:
- Updating, rectification or, when interested, integration of data;
- The cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
- Confirmation that the operations in letters [A] and [B] have been notified, also as regards their content, to those to whom the data were communicated or disclosed, except if this proves impossible or involves a manifestly disproportionate to the protected right. The party has the right to object, in whole or in part:
- For legitimate reasons the processing of personal data, pertinent for collection purposes;
- The processing of personal data for the purpose of sending advertising materials or direct selling, or for carrying out market research or commercial communication.
vii) The owner of the collection and processing of personal data, is the Provider - i.e. the company MAIOR GROUP S.R.L. based in Vicenza (VI), Via Divisione Folgore 5b, registration with the Register of Vicenza businesses, tax code 03948440247, VAT no. 03948440247
to which the customer may direct every request at the corporate headquarters or, by e-mail at firstname.lastname@example.org.