General conditions

I. Field of application

1. These general conditions govern:
a) the sale and supply of the products made available on the www.technicalceramic.store site
b) the conditions for browsing and using the site.

2. By utilising the services available on the www.technicalceramic.store site, you accept the following conditions of sale and general conditions for the use of the site, including the Privacy and Cookie Policies (from now on referred to collectively as the “Agreement”) and the additional conditions set out via the links contained on this page and/or in communications sent to you by us.

3. These service conditions are compliant with the general provisions of sale and the specific conditions set out in Italian Legislative Decree No. 206/2005 (Consumer Code), Italian Legislative Decree No. 70/ 2003 (Implementation of Directive 2000/31/CE relating to certain legal aspects of Information Society services, specifically electronic commerce in the internal market), Italian Legislative Decree No. 196/2003 (the Italian Data Protection Act) and EU Regulation No. 679/2016 (GDPR).

4. Should you not intend to accept the terms and conditions set out in this Agreement, you are invited to leave the site immediately.

II. Provision of the service

1. All of the services described below are offered by the company registered as Savar S.r.l. (from now on referred to as “Savar” or “we” or “us”), with Italian Tax Code number 00704960160 and Bergamo Business Register (REA) number BG-166700, with its registered offices at No. 24, Via Silvio Pellico, 24040 Stezzano (Bergamo), with fully paid-up share capital of €100,000.00, telephone +39 035 593333, email address info@technicalceramic.store, certified email address PEC savarsrl@pec.it.

2. Via the www.technicalceramic.store site, you can purchase ceramic products and insulators for technical and industrial use in the field of electrical and heat insulation.

III. Availability of the products 

1. The products shall be available in the quantities specified on the site. 

2. We undertake to keep the site updated and to indicate when the stock levels of our products are low. When it is not possible to do so, you declare that you understand and accept that we may highlight any lack of stock in the following ways:
a) before confirming the order, by making it impossible to add the products to the shopping cart, due to them being out of stock
b) after confirmation of the order or on receipt of payment for the product. In such cases, we shall contact you promptly to inform you of the extended timescale for the delivery of the ordered product or of the impossibility of supplying the product. In the event of the impossibility of supplying the product, we shall offer you alternative products of the same type and value that are in stock. Should you accept the replacement products, we shall send you a message showing the updated products. Should you refuse the replacement products, we shall reimburse you, on the timescales necessary for carrying out the operation, for any sums already paid for the products that were ordered but are not available.

3. The products supplied via the site are available for delivery in Italy by courier (subject to the exclusions and limitations of the courier).

IV. Order, order confirmation and shipment confirmation

1. The information on the site does not constitute an offering to the public. The contract between you and us enters into force only when, having received your order and sent you the order information, we inform you, directly or through third parties, of the acceptance of the contractual proposal.

2. On browsing the site, you may select the products that you intend to purchase and then proceed with placing the “order” after having put the products into the “cart”. The order only constitutes an invitation to enter into a contract.

3. On the shopping cart page, you can verify the order summary and decide to: a) proceed with the purchase; b) correct any errors; c) cancel the order. If you decide to proceed with the purchase, you shall be redirected to the payment method page. Payment may only be made by bank transfer, PayPal or payment by cash in the case of collection from the point of sale.

4. Once the payment has been made, we shall send you an email containing the “order confirmation”, showing all of the details of the order (products, quantities, unit price, methods and date chosen for the delivery of the products, shipping address, invoice details and other information you have entered). The order confirmation does not in itself constitute acceptance of your contractual proposal.

5. Having verified the payment and the availability of the requested products, we shall send you an email containing the “shipment confirmation” that shall constitute to all intents and purposes acceptance of your contractual proposal and shall determine the entering into the contract. The shipment confirmation shall be deemed to have been sent even if sent by the appointed courier. In the order confirmation, we (or the appointed courier) shall provide the intended delivery date, the number to contact to agree on specific methods or delivery days, and any other useful information.

6. You acquire ownership of the products on receipt of the shipment confirmation; the transfer of risk shall take place upon delivery of the products.

7. We reserve the right, until the shipment confirmation has been sent, to refuse for any reason the order received, without the requirement to provide any justification. 

V. Delivery

1. We undertake to deliver the products you have purchased within 30 days of sending the shipment confirmation or on another date indicated or agreed with you. Any delivery delays, if not attributable to us or if dependent on the specific nature of the delivery methods you have selected, or in the case of difficult-to-reach locations, shall not give rise to any entitlement to reimbursement.

2. Delivery is deemed to have been made when you, or someone you have delegated to do so, actually takes possession of the products, signing the delivery note where applicable. Equally, in the case of previous impossibility to deliver, attributable to the customer, delivery shall be deemed to have taken place at the moment of the sending of a communication containing an indication of the location where the purchased products have been deposited and the methods with which you can collect the products.

3. The products are delivered from Monday to Friday, between the hours of 9am and 6pm, by means of a courier. If agreed and feasible, the products may be collected from one of our retail outlets.

4. In the event that it is impossible to make the delivery, the products shall be deposited in a storage facility (possibly that of the courier) or in a location selected by us, and we shall then inform you about how to collect the products. When applicable, you are required to inform us promptly of the impossibility of receiving the products on the date indicated on the shipment confirmation or on another date indicated by us.

5. Should we be unable to contact you within the 30-day deadline, or should you refuse, explicitly or implicitly, to receive or collect the shipped products, we reserve the right not to proceed with the reimbursement of any sums paid, to pass all expenses incurred (shipment, courier fees, legal costs, etc.) on to you and to sell the products to third parties. This is without prejudice to those matters governed by the article on withdrawal.

VI. Price and payment

1. The unit prices of the products are indicated on the site, inclusive of Italian Value Added Tax (VAT), with the shipping costs indicated separately. All of the prices are subject to change.

2. If you require an invoice, we shall issue one by the last day of the month in which payment is made.

3. In the case of erroneous indication of the price of a product on the site, we shall inform you of the error, and you can then decide whether to proceed with the purchase at the new price, or not to proceed.

4. To proceed with the payment, you should follow the indications given on the “shopping cart” page of the site.

VII. Withdrawal

1. You are qualified as a consumer pursuant to Article 3 of Italian Legislative Decree No. 206/2005, and as such you may exercise the right to withdraw during the cooling-off period of 14 days from the date of delivery of the products, without having the provide any reasons for doing so and without being required to pay any penalty.

2. To withdraw, you should send a written communication for that purpose to our registered office or via our certified email address (PEC). No specific formalities are required; it is sufficient to manifest your intention to exercise your right to withdraw. If you wish, you may use the withdrawal form available via this link.

3. Should you withdraw, you acknowledge that: a) early withdrawal from the contract may be exercised, without having to provide any justification, by communicating your intention by registered post to our registered office or via our certified email address (PEC); b) for the purposes of entering into the contract, the countdown to the deadline for withdrawal shall start from the date of delivery of the products; c) the right to withdraw may not be exercised in relation to services already provided and for which the deadline of 14 days from delivery has already passed. 

4. Once the withdrawal request has been submitted, we shall reimburse the cost of the products and the delivery charges (only if standard). The reimbursement may be suspended until the products are returned to us. We shall not make any reimbursement if the products have been used, aside from simply being opened, or in the event that the products have not been returned in the same condition in which they were delivered to you, or that they are damaged. The products must be returned using the methods set out in Article VIII. 

5. As the consumer, you can withdraw from the contract pursuant to Article 1373 of the Italian Civil Code if the contract has not yet come into force.

6. We reserve the right to withdraw from the contract, without being required to provide any justification, within 30 days of the sending of the shipment confirmation, by informing us in writing of your intention to do so. In such cases, the cost of the product(s) and the delivery charges shall be reimbursed.

VIII. Returns, exchanges and defective products

1. As the consumer, you may return the products by shipment, courier or delivery to the retail outlet or another site indicated by us.

2. You must include in the return the original packaging and any other document that accompanies the products.

3. The shipment, delivery to the courier or to the retail outlet or other site indicated by us must be carried out within 14 days of the communication of the desire to withdraw. You are liable for the cost of returning the products to us.

4. If you do not qualify as a consumer, the returning of the products should be carried out on the basis of methods agreed with us.

5. In the event of the delivery of products that are defective, you must immediately contact us in writing to highlight the nature of the damage. We shall inform you of the methods to use to return the product, including the original packaging and any other document that accompanies the products, and we shall then check for the presence of defects or damage of the products within 15 days of receiving them. We shall be entirely liable for the cost of returning the defective products only in cases in which you are not responsible for the damage.

6. Having verified the nature of the damage, we shall inform you whether or not we intend to proceed with the replacement of the products or the reimbursement of the sums paid, including the delivery charges. 

7. We reserve the right, in the event of damage clearly attributable to you, not to reimburse the sums paid to purchase the product(s) in question.

IX. Browsing the site and your obligations

1. The site is free for anyone to browse. Registration with and use of the associated services offered by the site presupposes the provision of compulsory and non-compulsory details. By registering, you can view and request information on the products and on the status of any orders placed.

2. If you intend to proceed with the purchasing of the products advertised on the site, you must enter specific personal details so that we can proceed with the entering into the contract and the necessary invoicing.

3. Browsing, registering and purchasing products on the site connotes full acceptance of these general conditions of sale and on the use of the service, and of the content of the enclosed Privacy and Cookies statements. You may be asked to tick other boxes to grant your consent to specific operations on your personal details.

4. You are required to provide up-to-date and accurate personal details. You may purchase on behalf of third parties only with the prior express consent of the interested parties.

5. On browsing and making purchases through the site, you agree to use the site in such a way as not to cause damage, interruptions or malfunctions of it and its functions; not to use is for illegitimate purposes; not to use it to commit criminal activities or in such a way as to cause disturbance or harassment or to be prejudicial, in any way, to other users or third parties. You must use the services offered in good faith and with the due diligence required by the law, and you are required to make any payments due.

6. Payment may only be made by bank transfer, PayPal or payment by cash in the case of collection from the point of sale, In particular, PayPal’s embedded payment flow is operated on an external platform. Therefore, users are invited to read PayPal’s privacy policy and terms of service. 

7. For example, you undertake: 
- not to communicate, publicise, send or disseminate illicit, damaging, abusive or disturbing content or to engage in conduct of said type and nature
- not to communicate false information about your identity or profession, or to use information that you do not own
- not to communicate, publicise, send or disseminate spam, chain letters, junk email, pyramid selling schemes or other unsolicited or unrequested material
- not to cause damage or disturbance to other users or third parties, whether using or not any services offered by the site
- not to use vulgar, offensive or inappropriate language
- not to engage in webscraping of the content or publicity material on the site
- not to reproduce, copy, transform, distribute or disclose information, content or material published on the site without our prior written consent or that of the third parties that own the intellectual and industrial property rights to said content
- not to use the site with the intention of not complying with the guidelines set out in these general conditions.

8. We undertake to offer our services with the diligence required by law and in accordance with the specific techniques set out in this agreement, ensuring a level of professionalism appropriate to the requested levels of service delivery. 

9. All abuses or violations that you may commit  in relation to the provisions and rules set out in these general conditions and their appendices shall result in the implementation of measures appropriate to eliminating the conduct deemed abusive or in violation of the rules, thus resolving the illegitimacy of the situation.

X. Statement pursuant to Italian Legislative Decree No.  70/2003

1. In compliance with the content of Italian Legislative Decree No. 70/2003, we declare that the contract relating to the sale of the products publicised on the site is implemented using computerised methods on the basis of the following phases:
a) selection of the products and viewing of the prices
b) adding of the selected products to the shopping cart
c) access to the shopping cart page and viewing of the page containing the summary of the order placed, with indication of the unit prices, the taxes and charges, and the shipping costs corresponding to the methods selected by you
d) selection of the checkout function by clicking on the relevant button
e) insertion of the requested details to enable the processing of the order and the processing of the payment method
f) sending to your email address of a message containing the summary of the order placed and the relevant costs, including shipping (“order confirmation”)
g) having verified the payment, sending by us or the courier of an email containing the scheduled delivery date and any order tracking information; this email constitutes the “shipping confirmation”. The contract is deemed entered into upon sending said message pursuant to Article 1326 of the Italian Civil Code. 

2. The sending of the order, the payment of the price and the use of the site connote the full, unreserved acceptance of these conditions, the unconscionable clauses contained within them and all of the other enclosed or associated contractual documents.

3. All of the information relating to the entering into, execution and termination of the contracts made available to you in Italian.

4. The documentation relating to our contractual relationships with you is stored in digital format on our servers.

XI. Limitation of liability

1. The website is provided “as is” and you declare that you are aware of the fact and accept that the use of the site, the content and the published material takes place at your exclusive risk.

2. Within the limits set out by these general conditions, you declare that you shall guarantee, indemnify and release us, our employees, collaborators and partners from/against all liability for compensation, regardless of the nature and right of such claims that may be lodged by third parties in relation to use of the site.

3. Without prejudice to the aforementioned cases and the compulsory legal limits in the event of wilful misconduct or gross negligence, we shall have no other liability of any type, whether governed by the contract or not, direct or indirect, for any damage of any sort that may derive from the use of the website and the services promoted and offered on it or of the products sold.

4. We undertake to deliver products that comply with the agreement made through the contract of sale, on condition that the products respect the description and possess the qualities presented on the site; that they are appropriate for the use to which they are normally intended; that they display qualities and characteristics that are normal for products of said type. Within the legal limits, we exclude all guarantees, with the exception of those that cannot legitimately be excluded in relation to you as the consumer.

5. You declare that you understand and accept that the typical and technical characteristics of given materials used for the production of the items advertised on the site may not be considered imperfections.

6. We decline all liability for any harm or damage you may incur as a result of the impossibility of using the site or the suspension or discretionary interruption of the site; the failure or malfunctioning of your electronic equipment or that of third parties; and the erroneous or inaccurate content of the information provided on the site, owned by us or by third parties.  

7. You declare that you understand and accept that we may not in any way be held liable for the functionality or content of third-party sites, third-party content or advertising material from external resources that are advertised via hypertext links on the www.technicalceramic.store site and upon which you rely.

8. You declare that you understand and accept that our liability may, if applicable, be limited exclusively to the purchase price of the products.

XII. Intellectual Property

1. The www.technicalceramic.store site and all of its content, materials and advertised products, where not otherwise specified, are owned by us and are protected by the current regulations on intellectual and industrial property.

2. You declare that you understand and accept that under no circumstances may you use brands, brand names, registered names, analogue or digital content, informative or advertising material without our prior written consent.

3. Disclosure by you of any content or material, regardless of its nature, presupposes the granting to us of a perpetual usage licence that is irrevocable and without territorial limits, free of charge and transferable, on the copyright and the other industrial and intellectual property rights.

4. The site may contain brands, trademarks, registered names, analogue or digital content, informative or advertising material on intellectual or industrial property of third parties. You declare that you understand and accept that said content is published with the prior consent of said third parties and you undertake not to use it without respect for their intellectual and industrial property rights, even if not specified.

5. All abuses or violations shall be subject to legal prosecution.

XIII. Processing of Personal Details

1. As a user, your details shall be processed according to the Privacy Guidelines specified via this link.

XIV. Applicable Law and Dispute Resolution

1. This agreement is governed by Italian law.

2. In the event of disputes relating to the entering into, interpretation, execution and termination of the contractual relationships, the sole competent court shall be the District Court of Bergamo.

3. For any disputes that may arise in relation to the interpretation, execution and termination of contracts you may have entered into as a consumer, the competent court is that of the district in which you reside.

4. Pursuant to the relevant EU regulations, we hereby inform you as a consumer that you may refer the disputes indicated above to Alternative Dispute Resolution bodies (ADR) as identified by Article 14 a) of the Italian Consumer Code. You may also have recourse to the European platform for the online resolution of disputes (the so-called Online Dispute Resolution platform or ORD), which can be accessed at http://ec.europa.eu/consumers/odr/, where you can consult the list of Alternative Dispute Resolution bodies, including their contact details.

5. The complete statement on the ADR – ODR procedures is available via this link.

XV. Final Provisions

1. We reserve the right to change these general conditions at any time, giving notice in the dedicated section of the site with an indication of the new implementation date for said changes. You are responsible for periodically checking updates to the general conditions of use of the site, which you shall be deemed to be aware of and to accept following the deadline stated in them.

2. As a customer, you are not permitted to transfer or sell on the contract in any way, without our prior written consent. The same applies to any rights or obligations deriving from it.

3. Any omission or delay in the fulfilment of an obligation or in the exercising of a right or action shall not constitute a waiving of said obligation, right or action and shall not release you from your responsibility to fulfil said objectives.

4. These terms of use of the service render null and void and substitute any previous agreement or understanding. 

5. The ineffectiveness, invalidity or nullity of a clause shall not connote the invalidity of the other articles, which shall remain valid and effective.

6. Any information, communication or complaint relating to the content of these conditions or to the use of the site, its content or material, or to the services offered by us, should be sent to the info@technicalceramic.store email address.

7. These conditions apply to all users starting from the date of signing of this agreement, as stated below.

Bergamo, 31/10/2018