GENERAL CONDITIONS OF SALE - Text of March 14, 2017

These general conditions of sale (hereinafter, "GCS") govern all purchases remotely pursuant to Legislative Decree no. 70/2003 regarding electronic commerce and pursuant to Chapter I, Title III, Section 45 and followings of Legislative Decree no. 206/2005 ( "Consumer Code") relating to the products and related accessories and spare parts, as further described at the Section 1.2. (hereinafter, the "Products"), provided by Cembre S.p.A., C.F. and VAT number 00541390175, with headquarters in Via Serenissima 9-25135 - Brescia (BS), enrolled at the Business Register of Brescia Companies with n. 00541390175 (hereinafter, "Cembre") - through www.pressfit.com website (hereinafter, the "Site") (hereinafter, the "Agreement"), to:

- any physical person acting for purposes not related to business activity, commercial, craft or professional one as referred to Section 3, paragraph 1, lett. a) of the Consumer Code (hereinafter, the ''User Consumer"), or

- any physical or legal person acting in the course of his business activity, commercial, craft or professional, or an intermediary, according to Section 3, paragraph 1, lett. c) of the Consumer Code (hereinafter, the "Professional User")

(Hereinafter, the User Consumer and Professional User jointly designed, the "User").

The GCS are integrated and form substantial part, from further information and technical details provided with the Site within the sheets related to the individual Product (hereinafter the "Product sheets”). In case of conflict between the provisions contained in the aforesaid product sheets and the contents of the present GCS, the latter shall prevail.

When on-site, in the present GCS, in the Product Data Sheets and / or in any notice published on the Site and / or sent to users is used the "Pressfit" expression, the reference is always to be understood to Cembre, as holder of the Site and of the relative domain.

Cembre may modify and update these GCS at its discretion and without notice. In such case, the changes made will be effective from the date of publication on the Website (hereinafter, the "Publication") and, except for the changes more favorable to the User, will be applicable only to users who have completed the sending of the purchase after the date of publication. In any case, the use of the Site by the User after the publication will be worth as acceptance of the changes to the GCS.

We therefore kindly ask the users to read carefully the present GCS, which will be asked to accept expressly in case you want to avail the services of the Site and buy the products offered for sale on the Site by Cembre.

1. Object of the GCS

1.1 The GCS govern the use of the Site by the User and the sale to registered users (hereinafter, the "Registered Users") of the Products through the Site.

1.2 All products offered by Cembre are depicted and made visible on the Site and consist, in particular, as tools, accessories and hydraulic spare parts, including for example: hydraulic tools with battery for the pressing of the set for hydraulic pipes; mechanical tools manually operated suitable for the same purpose; interchangeable jaws to use on said tools; hand tools for the preparation of pipes and relevant spare parts.

1.3 The Products are corresponding to the characteristics specified in the Product Sheet, while the images and / or photos of the Products published on the Site are merely illustrative of the kind. In case of difference between the image and the Product Sheet, always prevail the description of the Product Sheet.

2. Registration Procedure

2.1 To purchase Products, the User must log on and register at the Site, in the manner and terms set forth in Section 2.2, and complete the purchasing process as specified in Section 3 of GCS.

2.2 To register for the Site, the User must fill out the application form indicating the data required therein and send, after viewing the privacy information, their registration request by clicking the key at the bottom of said membership form. Subsequently, the User will receive an email confirming their registration to the email address provided during the registration process, in order to prove the validity of the same e-mail address.

2.3 The registration process will be completed only after the moment in which the User has confirmed the validity of his e-mail address, as specified in the said email, and following to the receipt by the User of an email profile activation / personal account (hereinafter, the "Personal Profile"), indicating the login credentials (corresponding to the email and password supplied in the course of the registration request to the Site) and what the User can do in their own Personal Profile within the Site, namely:

a) change his data and change his password;

b) manage the billing and shipping addresses;

c) check the status of orders;

d) monitor invoices.

3. Sale Procedure Product - Billing

3.1 The conclusion of the Agreement between Cembre and the Registered User requires the successful completion of the purchase through the following steps (hereinafter “Purchase Process”):

a) The User will have to select the Products of interest;

b) as a result of the selection of products, will be required to the Registered User (i) the exact compilation of the billing form and delivery of his purchase order and subsequent confirmation or, if they have previously inserted them into the Personal Profile, the only confirmation of these addresses, as well as (ii) the choice of shipping method;

c) thereafter, will appear to the Registered User a summary page of the order in which they will be given the details of the billing and shipping addresses chosen, the selected Products with an indication of relative prices and the total price, the costs and delivery times, any additional transaction costs, the methods of payment and the existence of the right of withdrawal, as well as the warranty conditions. At this stage, will also be required to the Registered User to expressly accept the GCS, downloaded and printed (hereinafter, the "Purchase Order");

d) once accepted the GCS, will be referred to the Registered User the methods and terms of payment;

e) only after receiving confirmation of the successful completion of the payment, at the conclusion of the Purchase Procedure the Registered User will receive an email confirmation of Purchase Order summarizing the essential information given and received during the procedure of Product Purchase. The Registered User will have access to his order on the section "My Orders" present in his Personal Profile on the Site.

3.2 The languages available to Users for the Purchase Procedure are Italian, English, German, Spanish and French. The customer support service is able to communicate with users in the same languages.

3.3 By sending the Purchase Order, in the manner described above, the Registered User declares to have read the GCS, and all information given during the procedure of Purchase Procedure, as well as information and technical information and as indicated in the individual Product Data Sheets, and to accept them.

4. Prices of products - Methods of payment

4.1 All prices of the products on the Site are in Euros and, unless otherwise stated, are inclusive of VAT and exclude any additional costs, expenses, taxes or charges (hereinafter the "Price"). Any customs fees or import ones shall be borne by the Registered User, if provided with reference to the State of destination indicated in the shipping address.

4.2 Cembre reserves the right to change, at any time and without notice, the Price of the Products, provided that, in any case, the Price that will be charged to the Registered User will be indicated on the Site at the time of confirmation / sending of the Purchase Order.

4.3 The Payment for the Products purchased by the Registered User is payable to Cembre at the moment of the confirmation and of the sending of the Purchase Order, and can only be made with the methods of payment indicated on Site (credit card of the circuits indicated on the Site or PayPal or MonetaWeb). Once you have chosen the method of payment under the Purchase Procedure, it can not be changed by the Registered User.

4.4 The charge of the Price is made at the conclusion of the Purchase Procedure by the Registered User.

4.5 On the occasion of the choice of the payment method, the Registered User will be directed to the web page of the third-party sites and, therefore, the payment will be in the manner and terms provided with those services. Similarly, the data entered for the payment will be handled directly and exclusively by the sites.

4.6 Cembre reserves the right not to accept the Purchase Order or to suspend its performance and / or terminate the Contract already concluded, as well as delete the realtive Personal Profile, should there be any anomalies and / or irregularities in the payment of Price, with the exclusion of any Registered User's right to assert any claims.

4.7 Only after having received confirmation of the successful completion of the payment, Cembre will ship the products in the manner and terms set forth in Section 5 of the GCS.

5. Timing and mode of delivery - Availability of Products

5.1 The Registered User can choose among the different delivery modes expressly specified on the Site. All Product Delivery costs are borne by the Registered User and are specified on the Purchase Procedure for each available mode. These costs will be calculated automatically and will appear in the summary sheet before the conclusion of the Purchase Order.

5.2 The delivery of the Products purchased by the Registered User will be made, after a successful regular payment of the Price, by a courier, national or international, commissioned by Cembre and will take place without undue delay, in the indicative times set out in the table below and, at the latest, within 30 days from the date of termination of the Purchase Procedure referred to Section 3 letter. e) to the shipping address indicated by the Registered User under the Purchase Procedure.

The table below shows the approximate delivery times from the time of taking charge of the shipment by courier (withdrawal of the expedition at the Logistics Center of Cembre by the courier).

 

5.3 The term of delivery as referred to Section 5.2 will be fulfilled by the transfer of material availability or otherwise of the control of the Products to the Registered User control. In case it is not possible to effectuate the shipment within that period, it will be given prompt notice to the Registered User who, if User Consumer, shall have the right to grant to Cembre, pursuant to Section 61 of the Consumer Code, an additional period of time appropriate to the circumstances, within which effectuate the delivery. If this additional period expires without the Products have been delivered, the User Consumer is entitled to terminate the Contract, subject to the right to compensation.

5.4 At a time when the Products will be delivered by Cembre to the carrier, will be sent to the Registered User an email containing the tracking number through which the Registered User will be able to check, connecting directly to the carrier's website, the shipping status.

5.5 The risk of loss or damage of the Products, for reasons not attributable to Cembre, will be transferred to the Registered User or to a third party appointed by him and / or authorized to withdraw, when the Registered User enters physically in possession of the Products.

5.6 Inside the Site, in each Product Sheet, will be shown the availability or not of the Product. This availability is constantly updated by Cembre but, nevertheless, it may still happen a change in availability due to a slowdown of the system and / or internet network and / or due to the contemporary purchase of the same Product by multiple Users and / or for any other technical problem. In this case, Cembre will notify as soon as possible, by email, the Registered User of the temporary unavailability of the Product and the time required for replenishment and for delivery of the same, except in the case of User Consumer, the right to immediately terminate the Agreement, and subject to the right to compensation for damages, pursuant to Section 61, paragraphs 4 and 5, of the Consumer Code. In the latter case, Cembre will refund the total price paid by the User Consumer without undue delay and, in any case, within 14 working days from the day of communication of termination of this Agreement by the User Consumer to Cembre. This reimbursement will be made by the same method of payment used by the User Consumer for the purchase, unless other agreed mode.

6. Product Warranty

6.1 All products purchased by the Users are guaranteed under the Consumer Code, as applicable, and under the Civil Code.

6.2 In order to get the repair and / or replacement of Products under warranty, the User must fill out the form available on the website under "Customer Support" and send it to the email support@pressfit.com. Subsequently, the Product must be sent to the following address: Cembre S.p.A., via Serenissima, 9-25135 - Brescia (BS) - Italy.

6.3 Warranty for Professional Users

6.3.1 For Products purchased by Users Professional will apply the guarantee against defects of the thing sold under Section 1490 and following of the Civil Code. The warranty will be valid for 12 months from the delivery of the Product purchased and the related defects must be reported by The User Professional to Cembre, under penalty of decadence from the the warranty cover, within 8 days of discovery.

6.3.2 The User Professional loses the right to guarantee (i) in case of repair or maintenance of the Product, or its accessories by unauthorized third parties from Cembre; (ii) in the case of using non-genuine spare parts and accessories; (iii) in the event that the defect has manifested itself over a period of 12 months from delivery of the Product and / or its termination has been sent to Cembre over the term of 8 days from the discovery; (iv) in case of non-compliance with instructions for use and / or if the defect is due, in whole or in part, by improper use of the product, to neglect, to poor maintenance of the same and / or ordinary wear and tear of the Product; (v) if, at the conclusion of the Agreement, the User Professional was aware of the defect and could not ignore it with the utmost care.

6.4 Warranty for Consumers and Users

6.4.1 For Products purchased by Users Consumers will apply the guarantee under Sections 128-135 of the Consumer Code (cd. "Legal Guarantee"). This guarantee covers the lack of conformity that  becomes apparent within 24 months from delivery of the Product. This defect must be denounced by the User Consumer to Cembre, in voiding the penalty, within a period of two months from the date on which it was discovered.

6.4.2 There is a lack of conformity if the Purchased Product (s) is not suitable for use which normally serves a good of the same type; (ii) does not conform to the description or does not possess the qualities promised by Cembre; (iii) does not have the quality and performance which are normal present in goods of the same type; (iv) it is not intended for specifically wanted by the User Consumer and that it was made known from him to Cembre upon conclusion of the Agreement and that Cembre has accepted, also for concluding facts.

6.4.3 Cembre, where the necessary requirements are met, will repair the defective parts and/or replace the same or, having regard to the evaluation criteria set out in Section 130, paragraph 4, of the Consumer Code, replace the Product as a whole.

6.4.4 The restoration and/or replacement will be handled by Cembre within a reasonable time from the request, taking into account the nature of the Product and the purpose for which the Consumer User has purchased the Product.

6.4.5 The Consumer User loses the right of guarantee (i) in case of repair or maintenance of the product, or its accessories, by unauthorized third parties from Cembre; (ii) in the case of using non-genuine spare parts and accessories; (iii) in the event that the defect has manifested itself over the period of 24 months from delivery of the Product and/or the relative complaint regarding the defect has been sent to Cembre beyond a period of two months from the discovery; (iv) in case of non-compliance with instructions for use and/or if if the defect is due, in whole or in part, to the improper use of the product, to negligence, to poor maintenance of the same and/or ordinary use of the Product; (v) if, at the time of conclusion of the Contract, the User consumer was aware of the defect and could not ignore it with the utmost care; (Vi) if the defect stems from materials or instructions provided by the User Consumer.

6.5 It is understood that Cembre will not charge any cost for the exercise of the guarantee, in the manner and terms set out in this Article, in relation to the purchased Products.

7. Right of termination- Restitution of Products - Reimbursement

7.1 The User Consumer has the right to terminate the Contract, without giving any reason and without incurring in any costs other than those specified in section 7.5 of the GCS, no later than 14 days from the day on which the Consumer User or a third party, other than the carrier and indicated by the User Consumer, receives the purchased Product (hereinafter, the "Termination Deadline").

7.2 The User Consumer may exercise the right of termination, in the terms referred to in section 7.1, by certified post addressed to Cembre S.p.A. to the following address: Via Serenissima, 9-25135 Brescia (BS), or via email at info@pressfit.com; to exercise the right of termination the User Consumer may send the a personal declaration to that effect or download, complete and submit the form attached as Annex A.

7.3 The User Consumer will have properly exercised his/her right of termination within the Termination Deadline if the relevant notice of termination is sent before the expiry of that period.

7.4 Upon receipt of the notice of termination, the customer service of Cembre (hereinafter the "Customer Service") will process the request and send the User Consumer a confirmation email of the occurred termination containing the restitution form (hereinafter, the "RMA Form").

7.5 The restitution of Products to Cembre must take place without undue delay and, in any case, no later than 14 days from the date on which the User Consumer informs to Cembre the intention of termination. The deadline is deemed respected if the Products are shipped to Cembre before the expiry of the 14 day period. The User Consumer must use a carrier of his/her choice, at his/her own expense, and will have to make sure the product is carefully packed in its original package, affix to the wrapper the RMA form and send the package to the following address: Cembre SpA, Via Serenissima, 9-25135 Brescia (BS).

7.6 The Products must be returned in their entirety, intact and in their original packaging, not being therefore possible the partial restitution from the purchase made (for example, only for the Product, only for Accessories etc). The User Consumer will be responsible for the decrease in the Consumer Product value resulting from the handling of these different from those needed to establish the nature, characteristics and functioning. Therefore, if the returned Products are damaged (for example, with signs of use, abrasion, scratch, deformed etc), not complete in all their elements (for example, original box, documents and/or instructions and/or manuals and/or other items contained in the original packaging) and accessories, the User Consumer will respond on the decrease in value of the property and shall be entitled to a refund of the amount equal to the residual value of the asset.

7.7 The reimbursement may be suspended by Cembre until receipt of the Products, or until the effective evidence by the User Consumer that the Products have been delivered.

7.8 Under Section 56, paragraph 3, of the Consumer Code, once the Product or its proof of delivery is received, and exception made for what specified in section 7.6 of the GCS, Cembre will reimburse via the payment method used by the User Consumer when purchasing or through an expressly agreed method.

7.9 Exclusion of the right of termination

7.9.1 In the case of exercising the right of termination in a manner which is inconsistent with the provisions of these GCS, and the applicable legislation, it will not result in the termination of the Agreement and, accordingly, it will not give rise to any reimbursement. In this case, Cembre will notify the Consumer User within 7 days of receipt of the Product. In this case, the Product will be made available to the user that will be required, at his/her own expense and on their own responsibility, to the withdrawal of the same.

7.9.2 Pursuant to the provisions of section 59, letter. c), d), i) and f) of the Consumer Code, the User Consumer may not exercise the right of termination for packaged Products which are tailored or clearly personalized or which are liable to deteriorate or expire rapidly, and in relation to audio/video Products or sealed informative software that have been unsealed after delivery

7.9.3 The right of termination is excluded in relation to Contracts concluded with Professional Users and therefore, in relation to those Users will not apply the provisions of section 7 of the GCS.

8. Obligations, Guarantees and Waivers of the Registered User

8.1 The Registered User agrees:

- to maintain always correct and updated contact information;

- not to share the own login credentials, or allow other people to access the personal profile, or perform any other action that could put at risk the security;

- to immediately inform Cembre in case of suspect that any third party is aware of the own credentials or has potentially accessed the profile;

- not to use the Site in a manner that may, potentially, cause  interruptions, malfunctions or damages to the Site and its functionality, for fraudulent purposes or otherwise to commit illegal activities, or to disturb, damage or apprehension;

- to pay the Price of Products purchased in the manner and within the time specified on the Site under the Purchase Procedure.

8.2 The Registered User represents and warrants:

- the veracity of the information provided at registration;

- to indemnify and hold harmless Cembre and its successors, from any liability and/or harmful consequence and/or prejudicial - including claims for damages and/or actions from interested parties and/or third parties as well as sanctions imposed by the Data Protection Authority - related and/or resulting from the falsity of the information and statements provided to Cembre and/or breach of the obligations and warranties set forth in these Terms and conditions.

9. Force majeure

Cembre will not be in any way responsible for the failure and/or delay in the performance of its obligations under these Terms and conditions and/or for any kind of disservice, also related to malfunctions and disruptions of the Internet, due to force majeure or unforeseeable circumstances.

10. Protection of personal data

For information on the processing of personal data of Users by Cembre, you should refer to the privacy policy on the Site as well as the special information provided from time to time.

11. Communications

All communications to the User will have to be addressed to Cembre contact details found on the Site.

12. Applicable Law, Jurisdiction and Competent Court

These GCS and THE individual contracts are governed solely by Italian law. For any dispute arising between Cembre and the User Professional in relation to the interpretation and/or application of the GCS and/or individual contracts, will be competent, on an exclusive basis, the Court of Brescia. In the case of User Consumer, the Competent Court will be determined on the basis of residence or the elective domicile of the User Consumer.

 

Pursuant to and for the purposes of sections 1341 and 1342 Cod. Civ., the User declares to expressly accept the clauses 3.3 (awareness and acceptance by the Registered User of the conditions of purchase); 4.2 (right to Cembre to change the price of the products); 4.4 (price charged); 4.7 (rights Cembre for irregularities in the payment of the Price and discontinuance of the User); 4.8 (the timing of shipment); 5.5 (transfer of the Products destruction risk); 8.1 (Registered User obligations); 8.2 (guarantees and waivers of the Registered User); 12 (Applicable Law and Jurisdiction).

 

It is advisable to download the GCS using the appropriate print function or saving the browser.