Termini of Purchase

General conditions of Purchase

Contenuto
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    1. Definitions

    “Online sales agreement” means the sales agreement finalised electronically, relating to the movable property offered for sale by the Company identified as follows: CESAF S.r.l. with registered office in FRAZ. CORBANESE TARZO – 31020 – (TV), VIA BORGO S. ANTONIO 16, ITALY, registered at the TREVISO Chamber of Commerce, REA TV-90523 and VAT No. 00179590260, certified e-mail address UFFICIOACQUISTICESAF@POSTACERTA.NET – telephone +390438564359 – toll-free number 800093719 and hereinafter referred to as the “Supplier”, i.e. the organisation that sells and delivers the goods. The agreement is executed and regulated in accordance with the legal framework applicable to distance selling as governed by e-commerce legislation pursuant to Italian Legislative Decree 70/03. The sale will take place with the distance selling system through electronic means organised by the Supplier.

    “Purchaser” means the natural or legal entity, acting on its own behalf or in the name and on behalf of a company, organisation, association, freelancer, in possession of a regular VAT number, which purchases for business or professional reasons and not for personal reasons.

    1. Statement

    The Purchaser, as defined above, expressly states that the purchase is made for purposes of prevention, health and safety within the scope of the commercial or professional activity performed by the latter.

    1. Subject of the agreement/strong>

    With this contract, respectively, the Supplier sells and the Purchaser remotely purchases, via electronic means, the instrumental movable assets indicated and offered for sale on the website www.themoaccess.com.
    The products stated in the previous point are illustrated on the web page www.themoaccess.com/shop.

    The Supplier undertakes, in the interest and for the satisfaction of the Purchaser, to manufacture on request graphically customised versions and additional features of the available products, where explicitly indicated.

    The choice of the Purchaser to buy a customised product requires the latter to acknowledge the following information:

    • The time take to manufacture personalised items varies from 15 to 20 working days
    • Release to production of a customised item requires advance payment and a surcharge that the customer has accepted and purchased, aware of the additional cost; therefore, in the event of payment by bank transfer, the item will not be put into production until the amount is credited to the Supplier’s Current Account (normally 3 working days from the date of payment).
    1. Pre-contractual information

    Prior to the conclusion of the purchase agreement, the Purchaser examines the features of the goods that are illustrated on the dedicated website. Before the execution of the purchase agreement and prior to the confirmation of the order with the “payment obligation”, the Purchaser is notified through the information stated in these Conditions of the terms and methods of conclusion and performance of the agreement as well as of the rights and obligations resulting therefrom. To proceed with the purchase, the Purchaser undertakes to accept them by ticking the indicated box; without this validation and acceptance action, no transaction can be performed and accepted by the Supplier.

    The Purchaser may, at any time and in any case before executing the agreement, take note of the information relating to the Supplier – address, telephone and fax number, e-mail address – as indicated in detail above.

    1. Execution of the agreement

    The agreement between the Supplier and the Purchaser is concluded exclusively through the Internet, by visiting www.themoaccess.com, following the procedures indicated; the Purchaser will formalise the proposal for the purchase of the goods indicated and illustrated on the website www.themoaccess.com. To proceed with the purchase of one or more products, the Purchaser must register on the Supplier’s website, providing all the data required to place the purchase order. The data will be processed in accordance with EU Regulation 2016/679 (so-called GDPR, General Data Protection Regulation), regarding the protection of personal data for the purposes strictly related to the sales agreement. During the formulation of the order, until the order is placed, the Purchaser can modify the data entered.

    1. Conclusion and validity of the agreement

    The Purchaser, by sending the order and paying, confirms that they have read and accepted these Online Sales Conditions indicated on the website and read all the information provided during the purchasing procedure. The sales agreement is considered concluded when the Supplier sends the Purchaser an e-mail confirming the order. The e-mail contains the Purchaser’s data and the order number, the price of the purchased goods, the shipping costs, the delivery address to which the goods will be shipped and the link to print and keep a copy of the conditions herein.

    The Purchaser undertakes to read and verify the accuracy of the personal data contained therein and to promptly notify the Supplier of any changes and/or additions to be made.

    The Supplier, in turn, undertakes to describe and present thoroughly the items offered for sale on the website, through the appropriate technical sections. If the description and presentation on the website differ slightly from the actual products, this will not affect the contractual agreements, which will remain valid, nor cause liabilities for non-conforming products. Furthermore, the photographs of the products presented on the website www.themoaccess.com do not constitute a contractual element, as they are merely representative or indicative.

    The Supplier undertakes to deliver the goods within the deadline set, as indicated in point 10. The Supplier is in no way responsible for delays in deliveries. Failure to pay according to the methods and terms envisaged will result in the termination of any agreement.

    1. Product availability

    Product availability means the actual availability when the Supplier sends the order confirmation. However, it must be considered purely indicative because, due to the simultaneous presence of multiple users on the website, the products could be sold to other Purchasers before sending the order confirmation. Only the latter certifies the presence and availability of the product ordered.

    If, after the order confirmation sent by the Supplier via e-mail, the goods are partially or totally unavailable, the order will be immediately corrected and such amendment will be communicated to the Purchaser, again via e-mail.

    1. Price

    All selling prices of the products displayed and indicated on the website www.themoaccess.com are expressed in Euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.

    The selling prices, stated in the previous point, specify the pre-tax cost of the product, VAT and any other taxes. The prices of the products indicated in the fact sheets do not include shipping costs and any fees related to the payment method chosen, which are identified and calculated based on the place of delivery and the payment method chosen at the time of the order, of which the Purchaser takes note before placing the order. Unless otherwise stated, the shipping costs of the products and the fees relating to the payment method are entirely under the scope of the Purchaser. Shipping costs and ancillary charges, if any, are specifically indicated and calculated, on the basis of the options chosen by the Purchaser in the purchasing procedure before placing the order and are also contained in the webpage summarising the order sent.

    The prices of the products published on the website can be updated and therefore may change. The Purchaser will buy the products at the price published on the Website when the order is sent. Changes do not constitute an element of dispute.

    The Supplier reserves the right to offer different promotions depending, for example, on the product categories, the products themselves, the available options, the Purchaser’s profile, etc.

    1. Payment methods

    Each payment by the Purchaser can only be made in advance and through the credit cards specified on the website www.themoaccess.com or by bank transfer, or by PayPal or any other means possibly indicated by the Supplier on the website. No other payment method will be deemed compliant with the agreement and therefore considered valid.

    The Purchaser, by indicating the credit card as the payment method, authorises the Supplier to charge the amount of the expense incurred.

    Payment by bank transfer, to be made within 2 days of placing the order, differs from the execution of the agreement at the time of the actual credit to the Supplier’s current account. The Purchaser will indicate, in the reason for the payment, the company name and the order number.

    All communications relating to payments will take place on a specific line of the Supplier, protected by an encryption system. The Supplier guarantees the retention of this information with an adequate level of security and in compliance with the provisions of the current legislation on the protection of personal data. The obligation to deliver arises only when the payment is completed and the delivery time starts from the completed payment, it being understood that if the payment is not made within the terms and conditions set, the agreement will be terminated de jure, without the Supplier being required to send any notifications.

    The Supplier will issue the invoice in electronic format, a copy of which will be attached to the delivered products. The tax documents may not be corrected after their issue.

    1. Delivery times and methods

    The Supplier will ship the products ordered by the Purchaser within 8 working days of receiving payment. In the case of customised products, the time needed to prepare the graphics, which can vary from 8 to 15 working days, must be added to the normal 8 working days for the preparation of the order.

    The goods will be delivered by courier appointed by the Supplier and will travel with suitable insurance coverage. In Italy, delivery varies according to the degree of urgency chosen by the Purchaser, therefore ranging from a minimum of 48 hours up to a maximum of 7 working days, with the exception of the Italian islands, where the minimum is equal to 96 hours up to a maximum of 9 working days; in Europe and in the rest of the world delivery times range from 3 to 15 working days, depending on the country of destination.

    The Purchaser is responsible for the customs clearance of the products and for any and all ancillary operations connected thereto, as well as for the payment of customs duties and taxes. The Supplier packages the products for the shipment in the manner deemed most appropriate and in any case is not liable for any failures, breakages, tampering and losses that may occur after the goods leave the Supplier’s warehouses. Any complaints or disputes arising from or connected to the transport and/or the complementary and/or subsequent operations must be brought exclusively by the Purchaser against the carrier or any liable third party.

    Should the delivery times change, the Purchaser will be immediately informed, using the contact details provided by the latter.
    The Supplier is not responsible for non-delivery or delayed delivery due to force majeure, including but not limited to: strikes, measures of the Public Authority, rationing or shortage of energy or raw materials, transport difficulties, natural disasters, epidemics, etc. The Supplier will promptly notify the Purchaser when a force majeure event occurs or ceases.

    Upon receipt of the material and before signing the document to the courier who delivers the goods, the Purchaser is required to carefully check that the number of products delivered is consistent with those mentioned in the transport document. The Purchaser shall also verify the physical condition of the packages, checking that they have not been tampered with and/or damaged.

    1. Warranty

    In case of receipt of products inconsistent with the orders or which present defects/flaws/malfunctions, the Purchaser has the right to have the conformity of the product restored by having the product repaired or replaced, at the expense of the Supplier. The Purchaser can exercise this right if the defect is found within one year of delivery of the product and is reported to the Supplier within 15 days of detection.

    If the repair or replacement is impossible or excessively expensive, the Supplier may return the corresponding purchase price of the product to the Purchaser.

    The warranty does not cover defects due to normal wear and tear of products for parts subject to rapid and continuous deterioration. The aforementioned warranty is effective provided that the products have been used correctly, in accordance with the technical characteristics indicated in the fact sheet and only for lawful purposes, in compliance with current regulations, and that no arbitrary repairs, modifications or alterations have been made by the Purchaser or third parties.

    1. Right to cancel

     The right to cancel does not apply to professional Purchasers, both for basic and customised products.

    1. Obligations of the Purchaser

    The Purchaser undertakes to pay the price of the purchased product within the times and in the manners set out in these Conditions and on the basis of the options selected at the time of online purchase.

    Once the online purchasing procedure is concluded, the Purchaser commits to printing and keeping the order confirmation and the conditions herein.

    Furthermore, the Purchaser acknowledges that the information contained in this agreement has already been viewed and accepted by the Purchaser, before expressing the intention to purchase.

    1. Liability

    The Supplier assumes no liability for disruptions to normal service or delays due to force majeure or unforeseeable circumstances, even when resulting from malfunctions and failures of the Internet.

    The Supplier assumes no liability for any fraudulent and/or illegal acts committed by third parties when payment is made for the purchased products, if the Supplier proves the adoption of all possible precautions based on state-of-the-art standards and ordinary diligence.

    The Supplier is not liable towards third parties and users for the illicit use of the products by the Purchaser. The Supplier is not liable for the processing of third-party data, for which the Purchaser remains solely responsible.

    In no case will the Supplier be liable for indirect or consequential damages, or for loss of profit, or for loss of use or technical downtime of the product, for claims of the Purchaser and/or third parties related to the aforementioned damages or for any other damages, including indirect or consequential damages.
    The Purchaser holds the Supplier harmless against any liability for loss and/or damage to programmes and data. During assistance and setting operations, the Supplier’s technical staff will however illustrate to the Purchaser the potential data damage risks posed by the technical operations in progress. The Supplier therefore shall not be held liable for losses and/or direct or indirect damage to the equipment under maintenance except in the case of negligence, imprudence or inexperience of its personnel.

    1. Remote support

    By accepting these Conditions, the Purchaser authorises the Supplier to connect remotely to the Product in order to provide feature setting, technical assistance, software troubleshooting, updating and/or control operations and maintenance of the software configured inside the specific equipment. The Purchaser can decide at any time, by sending an e-mail to the Supplier, to terminate the connection or completely inhibit the remote connection, but in this case the Supplier will no longer be able to provide technical assistance, of which the Purchaser with this initiative opts out, assuming all responsibility also in terms of product functioning. The Supplier guarantees utmost diligence in the activity that will become necessary and at the same time ensures, pursuant to the regulations in force, that no sensitive data present in the archives of the Purchaser, which remains solely responsible for processing third-party data, will be acquired and/or stored on its equipment.

    If, in order to perform the requested activities, it is necessary to download, in full or in part, information stored on the IT systems of the Product owned by the Purchaser, the latter will be notified in advance and such information will be stored at the Supplier’s, only with the Purchaser’s prior authorisation, and only for the time necessary to complete the requested technical intervention.

    The Supplier undertakes to maintain absolute confidentiality about the information relating to the activities performed of which the Supplier may become aware during the provision of the requested services. This obligation also applies to the staff involved in the activities. In any case, the Supplier does not process the data contained in the Purchaser’s archives and only uses them, with the express consent of the customer, to test the procedures under assistance.

    1. Retention of the agreement

    Pursuant to article 12 of Italian Legislative Decree 70/2003, the Supplier informs the Purchaser that every order sent is stored in digital form on the server and in hardcopy at the Supplier’s premises, in accordance with confidentiality and security criteria.

    1. Communications and complaints

    Written communications, addressed to the Supplier, can be sent by mail to CESAF S.r.l., VIA BORGO S. ANTONIO 16, 31020 FRAZ. CORBANESE TARZO (TV), ITALY or by e-mail to info@thermoaccess.com; any complaints will be considered valid only when sent to the following address: CESAF S.r.l., VIA BORGO S. ANTONIO 16, 31020 FRAZ. CORBANESE TARZO (TV), ITALY, or via certified e-mail to the address UFFICIOACQUISTICESAF@POSTACERTA.NET. The Purchaser indicates in the registration form their residence or domicile, telephone number or e-mail address where they wish to receive the communications from the Supplier.

    1. Governing law and Jurisdiction

    The sales conditions set out herein are governed by Italian law, with jurisdiction of the Italian Judicial Authority, as well as the purchase agreement, if any, that originates between the parties by virtue of these conditions. Any dispute arising from or in any case connected to these conditions and to the purchase agreement shall be referred to the Court of Treviso, with the exclusion of any other competitor or alternative forum.

    1. Protection of confidentiality and processing of the Purchaser’s data

    The Supplier is not entitled to process data of third parties/users/users of the product.

    The Purchaser has read the disclosure pursuant to articles 13 and 14 of the (EU) Regulation 2016/679 (GDPR) available on the website and by accepting these general conditions the Purchaser agrees to the processing of their personal data for the purposes and according to the methods set out in the aforementioned disclosure. The personal, corporate and tax data of the Purchaser, acquired directly or indirectly by the Supplier, will be collected and processed in paper, computer or electronic form, exclusively for the purpose of allowing the execution of purchase orders. The data acquired by the Supplier will be retained for the period of time strictly necessary for the purposes for which they were collected and subsequently processed. However, data will be removed safely. For any matters not expressly covered here, please consult the aforementioned disclosure that the Purchaser has received, read and understood.

    The website www.themoaccess.com uses “cookies”. Cookies are electronic files that record information relating to the use of the site by the Purchaser (pages viewed, date and time of viewing, etc.) and which enable the Supplier to offer a personalised service to its buyers.

    Shipments

    CESAF will ship the products ordered and purchased by the consumer within the following timeframes:

    TRASPORTI ITALIA ISOLE
      48H 4-7 GG 96H 4-7 GG
    TOTEM – TOTEM DUO 350,00 € 120,00 € 410,00 € 120,00 €
    DESK 225,00 € 95,00 € 275,00 € 105,00 €
    MINI 225,00 € 95,00 € 275,00 € 105,00 €
    non-simultaneous sanitizing kit 35,00 € 30,00 € 45,00 € 40,00 €
    non-simultaneous STAND WITH BUTTON 55,00 € 48,00 € 65,00 € 55,00 €

    The goods will be delivered by appointed courier and will travel with suitable insurance coverage.

    Should the delivery times change, the Purchaser will be immediately informed, using the addresses provided by the latter.

    If the Purchaser wishes to view the packaging used for the shipments, the website contains a link dedicated to shipments.

    With regard to deliveries requested in countries outside the European Union and in the world, shipping costs will be communicated on a case-by-case basis, by sending an economic proposal; any import customs fees will be under the scope of the recipient. Customs duties and any taxes vary depending on the country of destination and are applied upon arrival of the goods in the same country: therefore the Purchaser is invited to contact the local customs authorities in advance, to check the costs and any import limits. The goods purchased in a single order will be sent with a single shipment, but each product with its own packaging.

    For inquiries prior to the purchase, we recommend sending an e-mail to info@thermoaccess.com.

    For after-sales service send an e-mail to info@thermoaccess.com.

     CONTACT

    How can I contact Cesaf S.r.l.?

    For inquiries regarding our e-Shop www.themoaccess.com, use one of the following contact methods:

    • Send an email any time to the address: info@thermoaccess.com
    • Call +39 0438564359 from Monday to Friday from 8 am to 12 pm and 1 pm to 5 pm.
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