Terms of service

These Terms govern

• the use of this Application and

• any other Agreement or legal relationship with the Owner

  in a binding manner. Capitalized expressions are defined in the relevant section of this document.

The User is requested to read this document carefully.

This Application is a service of:

Tecnometalsystem Srl, located in Via Frosano, 70 – 84062 Olevano sul Tusciano (SA) – ITALY IT

Owner's email address: ecommerce@tecnometalsystem.it

 

Know at a glance

Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each affected clause. In the absence of any mention, the clauses apply to all Users.

The right of withdrawal on this Application is applicable to all Consumers, regardless of their habitual residence.

How this Application works

This Application acts as a technical infrastructure that allows Users to interact with each other. The Owner is therefore not directly involved in any such interactions between Users.

TERMS OF USE

Unless otherwise specified, the terms of use of this Application set out in this section are generally valid.

Additional terms of use or access applicable in particular situations are expressly indicated in this document.

By using this Application, the User declares to satisfy the following requirements:

• There are no restrictions referring to Users regarding whether they are Consumers or Professional Users;

Registration

To use the Service, the User may open an account by indicating all the requested data and information in a complete and truthful manner.

It is also possible to use the Service without registering or creating an account. In this case, however, certain functions may not be available.

It is the responsibility of Users to keep their login credentials safely and preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Application.

By creating an account, the User agrees to be fully responsible for every activity carried out with their login credentials.

Users are required to inform the Owner immediately and unequivocally through the contact details indicated in this document if they believe that their personal information, such as the User account, login credentials, or personal data, has been violated, unlawfully disclosed, or stolen.

 

Requirements for registration

The registration of a User account on this Application is subject to the conditions specified below. By registering an account, the User confirms they satisfy such conditions.

• Opening accounts via bots or other automated means is not permitted.

• Unless expressly permitted, a User's account cannot be shared with other people.

Account closure

The User is free to close their account and cease using the Service at any time, following this procedure:

• By using the account closure tools available on this Application.

• By contacting the Owner at the contact details in this document.

Account suspension and deletion

The Owner reserves the right to suspend or cancel a User's account at any time at their discretion and without notice, if they deem it inappropriate, offensive, or contrary to these Terms.

The suspension or cancellation of the account does not give the User any right to compensation, refund, or indemnity.

The suspension or cancellation of an account for causes attributable to the User does not exempt the User from the payment of any applicable fees or prices.

 

Content on this Application

Unless otherwise specified or clearly recognizable, all content available on this Application is owned by or provided by the Owner or their licensors.

The Owner takes the utmost care so that the content available on this Application does not violate applicable legislation or third-party rights. However, it is not always possible to achieve this result.

In such cases, without prejudice to legally exercisable rights and claims, Users are requested to direct the relative complaints to the contact details specified in this document.

Rights on the content of this Application

The Owner holds and expressly reserves every intellectual property right on the aforementioned contents.

Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.

In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/alienating to third parties, or creating derivative works starting from the content available on this Application, or allowing third parties to undertake such activities through their User account or device, even without their knowledge.

Where expressly indicated on this Application, the User is authorized to download, copy, and/or share certain contents available on this Application exclusively for personal and non-commercial purposes and provided that the attribution of authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Owner.

The limitations and exclusions provided for by the legislation on copyright remain firm.

 

Access to external resources

Through this Application, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and therefore is not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any concessions of rights on content, are determined by the third parties themselves and governed in the relative terms and conditions or, in their absence, by law.

 

Permitted use

This Application and the Service may only be used for the purposes for which they are offered, according to these Terms and pursuant to applicable law.

It is the sole responsibility of the User to ensure that the use of this Application and/or the Service does not violate the law, regulations, or third-party rights.

Therefore, the Owner reserves the right to adopt any suitable measure to protect their legitimate interests, and in particular to deny the User access to this Application or the Service, terminate contracts, report any censurable activity carried out through this Application or the Service to the competent authorities – e.g., the judicial or administrative authority – whenever the User carries out or there is a suspicion that they carry out:

 

• violations of laws, regulations, and/or the Terms;

• injury to third-party rights;

• acts that may considerably prejudice the legitimate interests of the Owner;

• offenses to the Owner or a third party.

TERMS AND CONDITIONS OF SALE

Provision of personal data

To access or receive some of the Products provided through this Application as part of the Service, Users may be required to provide their personal data as indicated on this Application.

Paid Products

Some of the Products offered on this Application as part of the service are for a fee.

The rates, duration, and conditions applicable to the sale of such Products are described below and in the respective sections of this Application.

Product Description

Prices, descriptions, and availability of Products are specified in the respective sections of this Application and are subject to change without notice.

Although the Products on this Application are presented with the maximum technically possible accuracy, the representation on this Application through any means (including, as the case may be, graphic materials, images, colors, sounds) is intended as a mere reference and does not imply any guarantee regarding the characteristics of the purchased Product.

The characteristics of the selected Product will be specified during the purchase procedure.

 

Purchase procedure

Each stage, from the choice of the product to the submission of the order, is part of the purchase procedure.

The purchase procedure includes the following steps:

• Users are requested to choose the desired Product and verify their purchase choice.

• After checking the information visible in the purchase choice, Users can place the order by submitting it.

Submission of the order

Submitting the order involves the following:

• The submission of the order by the user determines the conclusion of the contract and gives rise to the User's obligation to pay the price, taxes, and any further charges and expenses, as specified on the order page.

   

• In the event that the purchased Product requires an action by the User, such as the provision of information or personal data, specifications, or particular requests, the submission of the order also constitutes an obligation for the User to cooperate accordingly.

   

• Once the order is submitted, a confirmation of receipt of the order will be sent to Users.

  All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.

Prices

During the purchase procedure and before submitting the order, Users are duly informed of all commissions, taxes, and costs (including any shipping costs) that will be charged to them.

The prices on this Application:

• depending on the section the User is consulting, include all applicable commissions, taxes, and costs or are indicated net of applicable commissions, taxes, and costs.

Promotions and discounts

The Owner may offer discounts or special promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions provided in the relative section of this Application.

Promotions and offers are always granted at the sole discretion of the Owner.

Repeated or periodic promotions or discounts do not constitute any claim or right actionable by Users in the future.

Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts are intended to refer to the time zone of the Owner's headquarters, as indicated in the contact details in this document.

 

Coupons

Promotions and discounts can be offered in the form of Coupons.

In the event of violation of the conditions applicable to the Coupons, the Owner can legitimately refuse to fulfill their contractual obligations and expressly reserves the right to act in the appropriate judicial venues in order to protect their rights and interests.

Any additional or divergent provisions applicable to the use of the Coupons reported on the relative information page or on the Coupon itself prevail in any case, regardless of the provisions that follow.

Unless otherwise specified, the following rules apply to the use of Coupons:

• Each Coupon is valid only if used according to the methods and in the period of time specified on the website and/or on the Coupon;

• The Coupon can only be redeemed in full at the time of purchase – partial use is not permitted;

• Unless otherwise specified, single-use Coupons can be redeemed only once per purchase and can therefore be redeemed only once even in the case of installment purchases;

• Coupons cannot be combined;

• The Coupon must be used within the specified validity period. Once the term has expired, the Coupon will be automatically canceled. Any possibility of claiming rights, including the refund of the value of the Coupon, remains excluded;

• The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;

• The Coupon is intended exclusively for non-commercial use. The reproduction, counterfeiting, and commercialization of the Coupon are strictly prohibited, as is any illegal activity connected to the purchase and/or use of the Coupon.

Payment methods

Details relating to the accepted payment methods are highlighted during the purchase procedure.

Some payment methods are linked to further conditions or involve additional costs. Detailed information is reported in the relative section of this Application.

All payments are managed independently by third-party services. Therefore, this Application does not collect data relating to the payment – such as credit card numbers – but receives a notification once the payment has been successful.

In the event that the payment made with one of the available means fails or is refused by the payment service provider, the Owner is not obliged to execute the order. In the event that the payment is not successful, the Owner reserves the right to request the User to refund any related expenses or damage.

Authorization for future payments via PayPal

In the event that the User authorizes the PayPal function that allows future purchases, this Application will store an identification code linked to the User's PayPal account. In this way, this Application will be able to automatically process payments for future purchases or for the payment of periodic installments of a previous purchase.

The authorization can be revoked at any time by contacting the Owner or by changing the personal settings of PayPal.

 

Retention of title

Until receipt of payment of the full purchase price by the Owner, the User does not acquire ownership of the Products ordered.

Delivery

Deliveries are made to the address indicated by the User and with the methods indicated in the order summary.

At the time of delivery, Users are required to check the contents of the package and promptly report any anomalies to the contact details reported in this document or as described in the delivery note. Users can refuse to accept the package if visibly damaged.

Delivery can take place in the countries or territories specified in the relative section of this Application.

Delivery times are indicated on this Application or during the purchase procedure.

The following applies to Users who do not act as Consumers:

Deliveries are made according to the conditions and times indicated on this Application.

Unless otherwise specified, shipping costs are charged to the User.

The risk of loss or damage to the goods passes to the User at the time of delivery to the courier.

Non-delivery

The Owner is not responsible in any way for any delivery errors deriving from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays occurring after delivery to a courier appointed by the User and not proposed or approved by the Owner.

In the event that the goods are not delivered or collected at the time or within the established term, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.

Unless otherwise specified, every delivery attempt starting from the second will be charged to the User.

In the event that Users do not act as Consumers, the foregoing is replaced by the following discipline regarding non-delivery:

 

B2B non-delivery

Unless otherwise specified, shipping costs are charged to the User.

The Owner is not responsible in any way for any errors, delays (including the case in which the User does not collect the goods within the term established by the Owner or the courier), damage, or loss of the goods after delivery to the courier.

If, in the impossibility of delivering them, the goods are returned to the Owner, the User is required to bear the costs of the consequent storage. The User is required to organize a new delivery attempt at their own expense, after having agreed on suitable timing and collection methods with the Owner.

Otherwise, the Owner may, at their discretion, withdraw from the contract or arrange a new delivery attempt at the User's expense.

In both cases, the Owner reserves the right to compensation for any damage suffered due to non-delivery.

 

Rights of the User

Right of withdrawal

Unless an exception occurs, the User may enjoy the right to withdraw from the contract within the term specified below (normally 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.

Who enjoys the right of withdrawal

The right of withdrawal allows European Consumers to withdraw from contracts concluded at a distance (since the User is unable to see or try the Product before concluding the contract). Withdrawal from the contract puts an end to the obligation of the contracting parties to perform it.

On this Application, the right of withdrawal is applicable to all Consumers, regardless of where they are located, without prejudice to any more specific right available to them under applicable law and/or this document.

Unless one of the exceptions mentioned below occurs – if provided – the Consumer User has the right to withdraw from the contract within the period of time specified below for any reason and without the need for justification.

Users who do not satisfy such requirements do not enjoy the rights described in this section.

Exercise of the right of withdrawal

To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of their intention to withdraw from the contract.

To this end, the User can use the model withdrawal form available in the definitions section of this document. However, the User is free to express their intention to withdraw from the contract in any other suitable form. In order to respect the period within which the right must be exercised, the User must send the withdrawal declaration before the withdrawal period expires.

 

When does the withdrawal period expire?

• In the case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by them and different from the courier – takes possession of the goods.

• In the case of purchase of multiple goods ordered together but delivered separately or in the case of purchase of a single good composed of different lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by them and different from the courier – takes possession of the last of the goods, lots, or pieces.

   

Effects of withdrawal

The Owner refunds all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.

However, the greater cost deriving from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner, will remain the responsibility of the User.

The refund takes place without undue delay and in any case within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same payment method used for the initial transaction. The User does not have to bear any cost as a consequence of the withdrawal.

 

... on purchase contracts for tangible goods

Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorized by them to receive them without undue delay and in any case within 14 days from the day on which they communicated their intention to withdraw from the contract.

The term is respected if the delivery of the goods to the courier or to another authorized person occurs before the expiry of the 14-day period described above. The refund can be withheld until receipt of the goods or until the User has provided proof of having returned them.

The User is responsible for the decrease in value of the goods deriving from a use of the goods other than that necessary to establish their nature, characteristics, and functioning.

The return shipping costs are charged to the User.

 

Exceptions to the right of withdrawal

There is no right of withdrawal from contracts:

• for the supply of goods made to measure or clearly personalized;

(Sections regarding UK and Brazil rights are already in English/Portuguese in the original text and are omitted here as requested to translate only the Italian portions, but they follow the same logic of consumer protection).

Guarantees

Legal guarantee of conformity of the Product based on European Union legislation

Based on European legislation, the seller guarantees the conformity of the goods sold to Consumers for a minimum period of 2 years from delivery.

Should Users act as European Consumers, the legal guarantee of conformity of the goods applies to the items available on this Application in accordance with the laws of the country in which they habitually reside.

The national laws of such country may grant Users broader rights.

Consumers who do not act as European Consumers may enjoy conformity guarantee rights under the legislation of the country in which they habitually reside.

Post-sales assistance

Users who have purchased products on this Application can benefit for free from post-sales assistance services relating to their purchase for the entire guarantee period, by contacting the Owner through the contact details indicated in this document.

Limitation of liability and indemnity

Unless otherwise specified or agreed with Users, the Owner's liability for damage connected to the execution of the Agreement will be excluded, limited, and/or reduced within the maximum limits permitted by applicable law.

European Users

Indemnity

The User undertakes to indemnify and hold harmless the Owner and their subordinates, affiliates, officials, agents, brand co-owners, partners, and employees to the extent of the law from any claim or demand – including, without any limitation, legal costs and expenses – advanced by third parties due to or in connection with behaviors in violation of these Terms, of third-party rights, or of the law, carried out in connection with the use of the Service and attributable to the User, their affiliates, officials, agents, brand co-owners, partners, and employees, by way of fault.

The foregoing also applies to any claim exercised by third parties (including, by way of mere example, the Owner's customers) against the Owner in relation to the Digital Products provided by the User, such as, for example, claims on conformity.

Limitation of liability for User activities on this Application

Users acknowledge and accept that the Owner limits themselves to providing Users with the technical infrastructure and the functionalities available on this Application.

The Owner does not intervene in any way as an intermediary, moderator, or promoter in the interactions, agreements, or transactions between Users and therefore declines any responsibility for such interactions between Users, and for the fulfillment of any obligations by Users.

 

Limitation of liability for User activities on this Application (General)

Unless otherwise specified and without prejudice to applicable legal provisions, any claim for compensation against the Owner (or any natural or legal person acting on their behalf) is excluded.

The foregoing does not limit the Owner's liability for death, damage to the person or to physical or mental integrity, damage deriving from the violation of essential contractual obligations, such as the obligations strictly necessary to achieve the cause of the contract, and/or to damage caused with willful misconduct or gross negligence, provided that the use of this Application by the User has been suitable and correct.

Unless the damage was caused with willful misconduct or gross negligence or affects life and/or personal, physical, or mental integrity, the Owner is liable only to the extent of the typical damage for the type of contract and foreseeable at the time of conclusion.

 

(Australian and USA sections are already in English in the source text and remain unchanged).

Common provisions

No implicit waiver

The failure to exercise legal rights or claims deriving from these Terms by the Owner does not constitute a waiver of the same. No waiver can be considered final in relation to a specific right or any other right.

 

Service interruption

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates, or for any other modification, giving appropriate notice to Users.

Within the limits of the law, the Owner reserves the right to suspend or completely cease the activity of the Service. In the event of cessation of the Service activity, the Owner will make every effort so that Users can extract their Personal Data and information and will respect the rights of Users relating to the continued use of the product and/or compensation, according to the provisions of the law.

Furthermore, the Service may not be available for reasons that escape the reasonable control of the Owner, such as causes of force majeure (e.g., infrastructural malfunctions, blackouts, etc.).

 

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit this Application or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program.

 

Privacy policy

Information on the processing of Personal Data is contained in the privacy policy of this Application.

 

Intellectual property

Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as for example copyrights, trademarks, patents, and models relating to this Application are held exclusively by the Owner or their licensors and are protected under the legislation and international treaties applicable to intellectual property.

All trademarks – word or figurative – and every other distinctive sign, firm, service mark, illustration, image, or logo that appear in connection with this Application are and remain the exclusive property of the Owner or their licensors and are protected under the legislation and international treaties applicable to intellectual property.

 

Changes to the Terms

The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to Users.

The changes will have effect in the relationship with the User only starting from the moment communicated to the User.

The continued use of the Service implies the User's acceptance of the updated Terms. If the User does not wish to accept the changes, they must cease using the Service and can withdraw from the Agreement.

The previous version continues to govern the relationship until the acceptance of the changes by the User. This version can be requested from the Owner.

If required by law, the Owner will communicate in advance to Users the date of entry into force of the modified Terms.

 

Assignment of the contract

The Owner reserves the right to transfer, assign, dispose of, novate, or subcontract single or all rights and obligations according to these Terms, having regard for the legitimate interests of the Users.

The provisions relating to the modification of these Terms apply.

The User is not authorized to assign or transfer their rights and their obligations according to the Terms without the written consent of the Owner.

 

Contacts

All communications concerning the use of this Application must be sent to the contact details indicated in this document.

Severability clause

Should any of the provisions of these Terms be or become null or ineffective under applicable law, the nullity or ineffectiveness of such provision does not cause the ineffectiveness of the remaining provisions, which therefore remain valid and effective.

 

European Users

Should a provision of these Terms be or become null, invalid, or ineffective, the parties will make every effort to identify in an amicable way a valid and effective provision to replace the null, invalid, or ineffective one.

In case of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the null, invalid, or ineffective provision will be replaced by the applicable legal discipline.

Without prejudice to the foregoing, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms does not involve the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions within the framework of the Agreement are essential or of such importance that the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would involve an excessive and unacceptable burden for one of the parties.

 

USA Users

Any invalid or ineffective provision will be interpreted and adapted within the limits necessary to make it valid, effective, and compliant with the original purpose.

These Terms constitute the entire agreement between User and Owner with reference to the regulated object and prevail over every other communication, including any previous agreements, between the parties regarding the regulated object.

These Terms will be implemented to the widest extent permitted by law.

Applicable law

The Terms are governed by the law of the place where the Owner is established, as indicated in the relative section of this document regardless of conflict of law rules.

Prevalence of national law

However, regardless of the foregoing, if the law of the country in which the User is located provides for a higher level of consumer protection, such higher level of protection prevails.

(Exceptions for Switzerland, Brazil remain as per source).

Competent forum

The exclusive competence to hear any dispute deriving from or in connection with the Terms lies with the judge of the place where the Owner is established, as indicated in the relative section of this document.

Exception for Consumers in Europe

The foregoing does not apply to Users who act as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway, or Iceland.

Dispute resolution

Amicable resolution of disputes

Users can report any disputes to the Owner, who will try to resolve them amicably.

While the right of Users to promote a legal action remains unaffected, in case of disputes concerning the use of this Application or the Service, Users are requested to contact the Owner at the contact details indicated in this document.

The User can direct a complaint to the Owner's email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase, or account affected.

The Owner will process the request without undue delay and within 2 days of its receipt.

Dispute resolution platform with Consumers

The European Commission has introduced an online platform for alternative dispute resolution that favors the extrajudicial settlement of disputes relating to and deriving from online sales and service contracts.

Therefore, every European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use this platform to resolve disputes deriving from contracts concluded online. The platform is available here.

Definitions and legal references

Last modified: January 25, 2024