GENERAL TERMS OF SALE – SAES GETTERS S.p.A.
for the sale of B!Pod branded products on the website www.bipod.it
For the purposes of these general terms of sale (hereafter, the “General Terms”), the following terms will have the meanings indicated below (without distinction between singular and plural):
- a) “SAES Getters S.p.A.” or “SAES”: the seller of the Products, as defined in more detail below, offered for sale on the website www.bipod.it, namely SAES Getters S.p.A. with registered office at Viale Italia 77 – 20045 – Lainate (Mi) Share Capital: Euro 12,220.00, VAT no. and Tax Code: 00774910152; Economic & Administrative Index of Milan: 317232 and Economic & Administrative Index of Varese: 116941; Tel. +39 02 93178.1 Fax +39 02 93178.250 Certified email: firstname.lastname@example.org, E-mail: support@b!pod.it
- b) “WEBSITE”: the e-commerce website www.bipod.it;
- c) “CONTRACT”: the contract for the PRODUCTS offered on the WEBSITE to the CONSUMER; this definition also includes those of "sale contract" - namely any contract concerning the PRODUCTS based upon which SAES transfers or undertakes to transfer ownership of the goods to the CUSTOMER and the CUSTOMER pays or undertakes to pay their price;
- c) “CUSTOMER”: the natural person CONSUMER, defined in more detail below, who purchases the PRODUCTS on the WEBSITE, accepting these General Terms;
- d) “CONSUMER”: the natural person acting for purposes unrelated to any business, commercial, craft or professional activity performed;
- f) “PRODUCTS”: the B!Pod branded products sold on the WEBSITE.
- APPLICABILITY AND VALIDITY
2.1 The following General Terms, in the version in force when the CUSTOMER makes the order, and any other document attached to this form or cited by the same, regulate the offer and sale of the PRODUCTS on the WEBSITE and, together with the CONTRACT, constitute the full regulation of the relationship between SAES and the CUSTOMER. These General Terms are drafted in conformity with Italian Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”), with particular reference to Section II, and to Italian Legislative Decree no. 70 of 9 April 2003, transposing the EU Directive on Information Society services (known as "E-Commerce Directive”). Any derogations from these General Terms will only be valid and recognised by SAES subject to express written consent.
2.2 The sending or delivery of any purchase order by the CUSTOMER to SAES implies full acceptance by the CUSTOMER - without reservation - of these General Terms, even if they are not specifically signed by the CUSTOMER. The General Terms can be found on the WEBSITE and the text can be consulted and downloaded at any time from the WEBSITE or by clicking on the link contained in every order confirmation form.
2.3 These General Terms are therefore considered to be known by all CUSTOMERS and apply to all sales of PRODUCTS on the WEBSITE.
2.4 SAES reserves the right to add, modify or delete any clause of these General Terms, it being understood that those additions, modifications or deletions will apply to all sales concluded after publication and acceptance by the CUSTOMER.
2.5 SAES does not offer sales of PRODUCTS to minors, including products for children. All PRODUCTS are sold exclusively in quantities compatible with domestic use. This applies both to quantities of PRODUCTS ordered in a single order and to the submission of several orders for the same PRODUCT.
- CUSTOMER INFORMATION
If the CONTRACT is entered into between SAES and a CUSTOMER, in accordance with Art. 49 of the Consumer Code, the following mandatory information is provided:
3.1 The identity, company details and contact details of SAES are those indicated in the definition contained in Art. 1, letter a) above. In accordance with Art. 49, paragraph 1, letter d) of the Consumer Code, it is specified, where necessary, that the CONSUMER CUSTOMER may send any complaints to the aforementioned contact details. That information is also provided in accordance with and for the effects of Italian Legislative Decree 70/2003.
3.2 The essential characteristics of the PRODUCTS are indicated in specific technical specifications published on the WEBSITE - accompanied by photographs - which the CUSTOMER may read before submitting the purchase offer. Those images are for illustration purposes only and may, therefore, not correspond exactly to the external characteristics of the PRODUCTS; for example, they may differ by colour, size, depicted accessories and context. In those cases, SAES may not be held liable for any inadequacy of the images of the PRODUCTS. SAES reserves the right to modify/adjust at any time the range offered on the WEBSITE, the technical, dimensional or other type of information of the PRODUCTS in the catalogue, as well as the respective prices, even without prior notice. Those specifications or the respective web pages shown during the purchase process also indicate the following information: a) availability and price, including all taxes and costs charged to the CUSTOMER; b) additional charges and costs for delivery, depending on the shipment and delivery method offered on the WEBSITE and chosen by the CUSTOMER, and any other additional cost items as appropriate, which are charged to the CUSTOMER (it is specified that - and the CUSTOMER is informed in accordance with Art. 57 of the Consumer Code - the CUSTOMER is charged the costs of returning the PRODUCTS if it exercises the right of withdrawal in accordance with Art. 8 below); c) the payment methods, the methods of delivering the goods or performing the service; d) the validity period of the various offers and prices (also for promotional and special sales and/or discounts applied); e) the date by which SAES undertakes to deliver the PRODUCTS.
3.3 With reference to the right of withdrawal due to the CUSTOMER, see Articles 8 and 9 below.
3.4 The online publication of these General Terms of Sale and Article 3 above are valid as presentation of information on a durable medium provided to the CUSTOMER in accordance with Art. 51 of the Consumer Code.
- INFORMATION FOR CONCLUDING THE CONTRACT
4.1 Art. 11 of Italian Legislative Decree 70/2003 requires each supplier of goods to provide to Customers specific information for concluding the CONTRACT. SAES fulfils the respective informative obligations towards the CUSTOMER below.
4.2 With reference to the various technical phases to be followed to conclude the CONTRACT, the WEBSITE contains a guided process, to which full reference is made, which allows the CUSTOMER at any time to verify and then validate any information entered and to correct any errors prior to the temporary submission of the electronic form containing the purchase order proposal and until the conclusion of the CONTRACT.
4.3 Having received the CUSTOMER's order, SAES will send to the latter an email summarising the information concerning the sale (in particular, details of the purchaser and the order, price of the PRODUCT and shipping costs, applicable taxes, payment method, delivery address and a reference to these General Terms of contract as well as information on the existence of the right of withdrawal and the terms and methods of its exercise. With reference to the way in which the CONTRACT, once concluded, will be archived and the respective access methods by the CUSTOMER, the CUSTOMER will find the text in the customer area of the website and will receive a summary email of the purchase made and the link to consult and download the text of these General Terms .
4.4 With reference to the technical means made available to the CUSTOMER to identify and correct data entry errors prior to submitting the order, the system for concluding the CONTRACT on the WEBSITE requests confirmation of the accuracy of the data entered (which the CUSTOMER must check and confirm) and automatically indicates any errors deriving from a failure to indicate mandatory data in the various fields of the online order.
4.5 The languages available for concluding the CONTRACT are Italian and English.
4.6 With reference to the indication of the dispute resolution tools, see Art. 12 below.
4.7 The clauses and these General Terms proposed to the CUSTOMER are and will always be available to the latter: they can always be saved and reproduced by visiting the WEBSITE. Furthermore, the General Terms of Sale are made available to the CUSTOMER in the confirmation email of receipt of the order containing the link to the location where they can be read and printed.
- PRICES AND DELIVERY
5.1 All prices indicated on the WEBSITE are expressed in Euros and include any applicable legal VAT. The prices published when submitting the order will apply. The submitted order may only be changed within 24 hours from its conclusion; the order thus changed will be subject to the prices published at the time of the change. The prices do not include transportation and delivery costs which will be duly highlighted prior to submission of the order by the CUSTOMER and in the summary indicated in Art. 4.3 above.
5.2 The goods are shipped only to delivery addresses in Italy and in the following countries: Bulgaria, Romania, Czechoslovakia, Denmark, Finland, Ireland, Malta, Poland, Croatia, Hungary, Lithuania, Latvia, Slovenia, Slovakia, France, Germany, Greece, Spain, Estonia, Holland, Portugal, Sweden and Switzerland. Any changes relating to the shipment countries will be made available on the WEBSITE from time to time. Following the sending of the summary indicated in Art. 4.3 above, the shipment timescales in Italy are approximately 3-4 working days (from Monday to Friday, excluding public holidays).
5.3 The delivery timescales may be changed with respect to what is stated in these General Terms and in the additional documentation. Furthermore, if SAES is unable to deliver the ordered goods through no fault of its own (e.g. due to force majeure or a cause of contractual impediment by a supplier of SAES), SAES has the right to withdraw from the CONTRACT with the CUSTOMER. In this case, the CUSTOMER will be promptly informed that the ordered PRODUCT is unavailable for delivery; any sums already paid by the CUSTOMER will be refunded immediately.
5.4 The shipment risk is borne by SAES.
5.5 SAES will not, however, be liable for delivery errors of PRODUCTS due to inaccuracies or incompleteness in completing the order by the CUSTOMER and/or lack of delivery of the PRODUCTS due to absence of the recipient.
- PAYMENT METHODS
6.1 The WEBSITE offers the following payment methods, at the discretion of the CUSTOMER: credit card (MasterCard, VISA) and PayPal, both managed via the SHOPIFY platform. No additional cost will be charged to the CUSTOMER for using the aforementioned payment methods.
6.2 The payment will be managed directly by SHOPIFY. See the website https://it.shopify.com/legal/termini for the payment terms.
SAES reserves the right, in specific cases, not to allow access to individual payment methods or to use alternative payment methods.
6.3 The amount is due immediately. In the event of payment by credit card, the charge for the invoice amount will be applied to the card account when ordering the goods.
7.1 Subject to mandatory provisions of law, SAES guarantees the PRODUCTS from defects, deformities or faults for a period of 1 year from delivery, in accordance with the guarantee for defects of sold property regulated by the Italian Civil Code (Articles 1490 et seq.), provided that the defects identified are reported, under penalty of forfeiture, within the terms indicated in Art. 1495 of the Italian Civil Code.
7.2 This is also without prejudice, for the CUSTOMER, to the legal guarantee of conformity for consumer goods regulated by the Consumer Code (Articles 128 et seq.). That guarantee covers defects of conformity of the PRODUCTS and the respective components, existing upon delivery of the goods, which have come to light within 24 months from that date and which were reported, under penalty of forfeiture, within 2 months from their discovery, in conformity with Art. 132 of the Consumer Code.
7.3 A “defect of conformity” is in place when the Product: (i) is not suitable for its normal use, for which goods of the same nature are habitually used; (ii) does not comply with the description given by SAES or does not possess the quality of the sample or model; (iii) does not offer the usual qualities and performances of a good of the same nature, which the CUSTOMER can reasonably expect, considering the nature of the good and, if appropriate, the public declarations on the specific characteristics made in that regard by SAES, by the manufacturer or by its agent or representative, particularly in advertising or on the label (subject to legal limitations); (iv) is not suitable for the particular use desired by the CUSTOMER, if brought to the attention of SAES when making the purchase and accepted by SAES; (v) was installed imperfectly, if the installation is included in the CONTRACT and was carried out by SAES either under its own responsibility or, in the case of a product designed to be installed by the CUSTOMER, is installed by the latter incorrectly due to a lack of instructions; or (vi) has suffered a defect resulting from transportation, where the respective activities are included in the CONTRACT and have been carried out by SAES or under its responsibility.
There is no defect of conformity if, when concluding the CONTRACT, the CUSTOMER was aware of the defect or could have been aware of it using all due diligence.
7.4 The legal guarantee entitles the CUSTOMER, subject to ascertaining the existence of the reported defect, to obtain the restoration of conformity of the PRODUCT, requesting, at its discretion, the repair or replacement with a similar good, except where the requested remedy is objectively impossible or excessively onerous with respect to the other available remedy. To that end, the requested remedy is to be considered exclusively onerous if it imposes upon SAES unreasonable costs as opposed to another remedy, with regard: (i) to the value that the good would have had if there had been no defect of conformity; (ii) to the extent of the defect of conformity; (iii) to the possibility of the alternative remedy being carried out without significant inconvenience for the CUSTOMER.
The repair or replacement will be carried out within sixty days of the request and without causing significant inconvenience to the CUSTOMER, taking account of the nature of the good and the reason why it was purchased and, in any case, without charging any costs.
If (i) the repair and replacement are impossible or excessively onerous; (ii) the conformity of the PRODUCT has not been restored within sixty days from the request; or (iii) the replacement or repair carried out has caused significant inconvenience to the CUSTOMER, the latter may also request, at its discretion, a reduction in the price (taking account of the use of the product made by the CUSTOMER and the consequent depreciation) or, except in cases of slight defects of conformity (namely those which do not prejudice the use of the good), for which the restoration by repair or replacement is not possible or is excessively onerous, the termination of the CONTRACT.
SAES reserves the right to offer to the CUSTOMER any other available remedies, notwithstanding that: (i) if the CUSTOMER has already requested a specific remedy, SAES is required to implement it, with the necessary consequences in relation to the effectiveness of the term of sixty days indicated above, subject to acceptance by the CUSTOMER of an alternative proposed remedy; (ii) if the CUSTOMER has not already requested a specific remedy, it may accept the offer or reject it by choosing another of the remedies envisaged by law.
The replacement or repair of the PRODUCT, or of one of its components, is without prejudice to the conditions of validity and duration of the guarantee, which will continue to be valid from the time of delivery of the original product.
7.5 Without prejudice to what is envisaged respectively, in particular and inter alia, with reference to the subject, duration and effectiveness, the guarantee indicated in points 1 or 2 above, as applicable, is excluded in the case of: (i) tampering or alteration of the product; (ii) improper or negligent use, storage or maintenance of the product by the CUSTOMER or by third parties; (iii) failure to comply with the instructions for use, maintenance or storage provided by the manufacturer in the product instruction manual or other instruction provided by SAES; (iv) defects or malfunctioning of the products caused by atmospheric or natural events, acts of vandalism or accidental breakages not attributable to the manufacturer or to SAES or to persons instructed by them for transportation, installation or maintenance operations.
7.6 The guarantee indicated in points 7.1, 7.2, 7.3 or 7.4 above, as applicable, must be invoked directly to SAES using the contact details indicated in the definition in Art. 1, letter a) above.
The CUSTOMER must indicate therein: (i) the model code and serial number of the PRODUCT; (ii) the delivery date of the PRODUCT (e.g. by producing the email communication delivery note and/or sale receipt and/or purchase invoice) and (iii) the ascertained defect or deformity, attaching, where possible, any photographic productions or those of another nature.
The personnel in charge will then provide to the CUSTOMER all information necessary on the other procedures to be followed to exercise the guarantee.
If the checks performed reveal that the guarantee does not apply, SAES reserves the right to charge to the CUSTOMER the transportation costs and expenses of the checks carried out as well as the costs of recovery, if that activity has in any case been requested by the CUSTOMER even if not covered by the guarantee.
- RIGHT OF WITHDRAWAL
8.1 The CUSTOMER has the right of withdrawal, to be exercised under the conditions and by the methods indicated below.
8.2 The CUSTOMER has a period of fourteen (14) days in which to withdraw from the CONTRACT without having to provide any reason, without incurring liability and without having to incur costs other than those envisaged by the clauses below.
8.3 The period for exercising the right of withdrawal indicated in Art. 8.2 ends after fourteen days from the acquisition of physical ownership of the PRODUCT by the CUSTOMER or the recipient, if different.
8.4 Before the expiry of the withdrawal period, the CUSTOMER informs SAES of its decision to exercise the right of withdrawal from the CONTRACT. To that end, the CUSTOMER may present an explicit declaration of its decision to withdraw from the CONTRACT, sending the same without formalities to any of the addresses indicated in the definition contained in Art. 1, letter a) above. The CUSTOMER has exercised the right of withdrawal within the withdrawal period if the communication confirming exercise of the right of withdrawal is sent by the CUSTOMER prior to the expiry of the withdrawal period, irrespective, therefore, of the date on which that communication is received by SAES. In those circumstances, SAES will send to the CUSTOMER a confirmation of receipt of the withdrawal exercised to the email address communicated by the CUSTOMER when registering on the WEBSITE. The burden to prove the exercise of the right of withdrawal in compliance with this article is held by the CUSTOMER.
8.5 The communication of withdrawal must contain the following information: — Recipient: SAES Getters S.p.A. with registered office at Viale Italia 77 – 20045 – Lainate (Mi) Share Capital: Euro 12,220.00, VAT no. and Tax Code: 00774910152; Economic & Administrative Index of Milan: 317232 and Economic & Administrative Index of Varese: 116941; Tel. +39 02 93178.1 Fax +39 02 93178.250 Certified email: email@example.com, E-mail support@b!pod.it. — I/we hereby (*) give notice of the withdrawal from my/our (*) sale contract for the following goods/services (*) — Ordered on (*) /received on (*) — Name of CUSTOMER(s) — Address of CUSTOMER(s) — Signature of CUSTOMER(s) (only if this form is notified on paper) - Date
8.6 The integrity of the PRODUCT to be returned following exercise of the right of withdrawal is an essential condition for exercising that right.
- EFFECTS OF RIGHT OF WITHDRAWAL FROM CONTRACT. OBLIGATIONS OF THE PARTIES.
9.1 If the right of withdrawal is exercised - within the terms and by the methods specified above - SAES will refund to the CUSTOMER all payments received from it, possibly including delivery costs (except as indicated in Art. 9.3), without undue delay and in any case within fourteen days from the day of SAES being informed of the CUSTOMER's decision to withdraw from the CONTRACT. The sums are understood to be refunded within the set timescales if they are actually returned, sent or re-credited with value date no later than the expiry of the term indicated above
9.2 SAES will refund the sums to the CUSTOMER using the same payment method used by the CUSTOMER for the initial transaction, except where the CUSTOMER has expressly agreed otherwise. The CUSTOMER will not incur any cost as a consequence of the refund.
9.3 SAES will not be required to refund additional delivery costs if the CUSTOMER has expressly chosen a type of delivery other than the cheapest delivery offered on the WEBSITE.
9.4 SAES may retain the refund until it has received the returned PRODUCTS or until the CUSTOMER has demonstrated that it has returned the PRODUCTS, depending on which situation occurs first.
9.5 The CUSTOMER, at its own care, expense and risk, must return the PRODUCTS to SAES, to the details indicated in the definition found in Art. 1, letter a) above without undue delay and in any case within fourteen days from the date on which it communicated its decision to withdraw from the CONTRACT. The set timescale is considered to be respected if the CUSTOMER returns the PRODUCTS prior to the expiry of the fourteen day period. The CUSTOMER incurs only the direct cost of returning the PRODUCTS. The substantial integrity of the PRODUCT to be returned is an essential condition for exercising the right of withdrawal. The PRODUCTS must in fact be returned intact and with the original labels - where present - not removed, in the same conditions of receipt, having the original packaging and all accompanying documentation. The PRODUCTS must be packaged carefully so as to protect the original wrapping from damage, writing or labelling.
- APPLICABLE LAW; COURT WITH JURISDICTION
Every sale indicated in these General Terms is regulated and interpreted according to Italian law.
In relation to any dispute arising from, or in relation to, relationships regulated by these General Terms, to the extent that the CUSTOMER is a person other than a CUSTOMER, the court with exclusive jurisdiction will be that of Milan. To the extent that the CUSTOMER is, on the other hand, a CONSUMER, for any dispute relating to the interpretation and execution of these General Terms or, in any case, a CONTRACT, the Court of the location in which the CUSTOMER has its residence or domicile will have jurisdiction.
- CONSUMER DISPUTE RESOLUTION
SAES informs the CUSTOMER that a European platform for online dispute resolution of Consumers has been established (known as ODR platform). The following link can be used to access the ODR platform for dispute resolution made available by the European Commission: http://ec.europa.eu/consumers/odr/.
The personal data provided by the CUSTOMER that will be processed for the purposes of these General Terms of Sale will concern browsing data (information on the browser used by the CUSTOMER, pages visited, date, time and duration of each visit, as well as other parameters relating to the operating system and IT environment of the CUSTOMER) and data sent voluntarily by the CUSTOMER (data necessary to create an account, purchase a Product and register to the newsletter service) hereafter, overall, the “Data”.
In accordance with the provisions of the legislation in force on personal data protection, it is noted that the Data provided by the CUSTOMER are collected and processed with the aim of completing the registration process to the Website and processing the Product purchase orders. The legal basis of this processing is the need to execute pre-contractual and contractual measures adopted at the request of the CUSTOMER and to comply with the related legal obligations.
The processing of the Data thus described is necessary as it is related and instrumental to the establishment, continuation and correct management of the contractual relationship: therefore, any refusal to provide the Data may involve the impossibility of establishing or executing the Contract. The provision of the aforementioned data by the CUSTOMER, albeit optional, is required in order to fulfil the requests received and, therefore, any failure to provide them may lead to the impossibility of accepting the requests received and fulfilling them.
Furthermore, the Data may be processed in order for SAES to send newsletters containing news and updates on new products or services of the Controller. The legal basis for this processing is the consent of the data subject. The provision of Data for these purposes occurs on the basis of the explicit and prior consent of the CUSTOMER: the refusal, or subsequent objection, will make it impossible for the Controller to send communications and updates on its activities.
The CUSTOMER may withdraw the consent at any time by following the procedure indicated in each e-mail or by sending a specific request to be sent to the contact details indicated at the end of this paragraph. Any withdrawal of consent will not prejudice the lawfulness of the processing based on consent granted prior to the withdrawal. The Data will be processed in both paper form and using electronic, computer or automated tools, using systems that guarantee the protection, security and confidentiality of the Data.
The Company has also adopted specific and appropriate logical, judicial, organisational and technical security measures to prevent the loss of Data, the illegal or unauthorised use of the same and unauthorised access.
Browsing data - which do not allow the CUSTOMER to be identified - persist for the whole validity period of the Website.
Data sent voluntarily by CUSTOMERS in completing the various forms collected for registering an account of the Website or purchasing a Product will be stored for the time taken to process the requests of users, and, in any case, for the entire duration, if identifiable, of the contractual relationship and, once the same is terminated for whatever reason, for a period equal to the standard limitation period of 10 years.
Data collected for subscription to the newsletter service, based on consent, which is optional and may be withdrawn at any time, will be stored for a maximum of 24 months from the provision of consent.
In relation to data provided by the CUSTOMER for the judicial protection of the Controller, and in the specific instance of a legal dispute, they will be stored for the entire duration of the same, until the terms for lodging all appeal actions have elapsed.
Data provided voluntarily by the CUSTOMER may also be stored for longer periods of time if necessary to comply with statutory and/or legal obligations, as well as to guarantee the judicial protection of the Company's rights, in compliance with standard limitation periods.
The processing of the CUSTOMER's Data will take place at the aforementioned office of the Company, and the Data will be stored on servers located within the European Union.
Any transfer of the Data abroad - and in particular to the USA - may take place within the context of the involvement of third parties. These transfers will take place following the adoption, by the Controller, of suitable guarantees such as the signature of Standard Contractual Clauses approved by the European Commission.
The CUSTOMER may exercise all rights granted in accordance with the legislation on personal data protection in force and in particular, in accordance with Articles 15-22 of the GDPR, the CUSTOMER has the right to request and obtain, at any time, access to the personal data, information on the processing performed, rectification and/or updating of personal data, the erasure and restriction of processing. Furthermore, the CUSTOMER also has the right to object to processing and to request data portability (meaning the right to receive the personal data in a structured, commonly used and machine readable format). Finally, the CUSTOMER always has the right to withdraw consent at any time (however, this is without prejudice to the lawfulness of processing carried out based on consent provided prior to withdrawal) and to lodge a complaint with the supervisory authority (in Italy: the Data Protection Authority "Garante"). The aforementioned rights may be exercised at any time, by simple request to the Controller, to be sent by email to the address privacy@ saes-group.com or by contacting the Legal & Compliance Department at Saes Getters S.p.A., Viale Italia 77, Lainate (MI). 1). By sending the purchase order, the CUSTOMER acknowledges to have read and understood the above and issues consent to the processing of personal data for the purposes described here.