General Online Sales Terms
1.Sale object: Products sold by CSMT Management Scarl, with registered office in Via Branze 45 (BS), VAT no. 02835410982, consist in electronic products and software, publications in dossiers.
The sale is reserved to Italian territory and no sales and/or deliveries are made in countries other than Italy.The terms and conditions for the purchase of the products in question are contained in these general terms of sale, which the buyer expressly and unconditionally accepts once he sent his purchase order to CSMT Management Scarl
2. Scope: The following general conditions of sales apply to all sales agreements between CSMT Gestione Scarl and residents in the Italian territory. The rules of reference for the interpretation of these general conditions of sale, of the contracts based on them, and for any dispute arisen on the matter, is the Italian law, with the application of the Italian Jurisdiction. CSMT Gestione SCARLs.r.l. does not assume any responsibility for the sales of products and/or services by parties other than CSMT GESTIONE SCARLs.r.l. Which are present on the www.CSMT.it website via links, banners or other links. CSMT MANAGEMENT SCARLs.r.l. is not responsible for the contents of these sites or for any errors and/or violations of the law by the same.
3. Site Registration, Privacy and Consumer Definition:
4. Unilateral modifications: CSMT Gestione Scarl may modify these general conditions of sales at any time without notice to the buyer prior to the completion of the contract.
CSMT Gestione Scarl reserves the right to modify, suspend or terminate the sale of products, at any time and at its discretion, and disclaims any liability whatsoever for the modification, suspension or termination of its sale.
5. Prices: 1. Vat and shipping cost are to be added to product prices; The latter may vary according to the delivery, payment, and destination. CSMT Gestione Scarl reserves the right to vary the prices of the products on sale and shipping charges at any time. In case of variation, the new prices will be applicable from the time of publication on the list. For orders already made by the buyer prior to the change, the prices prior to the change will be applied.
6. Order Confirmation: 1. The images of the products on sale, if present, generally correspond to their appearance and are intended solely to present them, without any explicit or implicit commitment from CSMT Gestione Scarl, about the exact match of the image shown in the catalogue with the actual product, especially with respect to its size and/or colour aspects. The order made by the buyer integrates a contractual proposal and constitutes a specific acceptance of these general sales conditions as well as their applications to the contractual relationship established between the parties. CSMT Gestione Scarl has the faculty of accepting orders received without the buyer being able to make any claims against CSMT Gestione Scarl with any title in case of non-acceptance. The sales contract will be deemed terminated and the order will be debited at the time of acceptance by CSMT Gestione Scarl, sent by email or fax.
7. Availability and Delivery: Delivery of ordered products will take place at the address buyer indicated in the order. The delivery times of the ordered products may vary from that shown on the site and order confirmation. CSMT Gestione Scarl does not guarantee full compliance with the delivery times stated in the order nor will be held liable for any delays. No liability, in any way, may be charged by the purchaser to CSMT Gestione Scarl, in the event of a delay in the delivery of the order or delivery of the products sold.
The buyer undertakes to verify, as soon as the products are received, the correspondence of what has been received to the order, and the eventual defects.
For each completed sales contract, CSMT Gestione Scarl will issue a delivery note, that is to say, for the parties with VAT requirement and who has requested it in the order, the relevant accounting documents necessary for the law, in relation to the products purchased. Such documents will be sent to the buyer via email or fax or made available in the reserved area of the site.
In order to properly deliver the ordered products, the buyer or his/her delegate is required. If none of them are available at the time and place of delivery of the goods purchased, the courier will leave a second delivery notice for the next working day and a telephone contact to agree on a different date.
The delivery will be suspended at the branch of the courier and if it is not possible to deliver, after 15 days, the products will be returned to CSMT Gestione Scarl and its sales contract will be automatically resolved as by art. 1456 cc, except for CSMT Gestione Scarl who has right to obtain compensation for any further damage.
7.1 In cases of force majeure, unavailability of means of transport, unforeseen events, CSMT Gestione Scarl reserves the right to terminate the sales contract or to divide, postpone or cancel, in whole or in part, the scheduled delivery, where such events cause delays in deliveries, making them difficult or impossible and/or causing a significant increase in their cost to CSMT Gestione Scarl.
In such cases, CSMT Gestione Scarl will be responsible for providing timely communication to the buyer email or fax. The buyer, solely and exclusively in the case referred to in chapter 7.1, shall be entitled to receive the refund of the price possibly paid, excluding any further claims or damages, in any event, against CSMT Gestione Scarl.
8. Accounting: Invoices will be sent via e-mail or fax or made available in the reserved area of the site after shipment of the ordered products.
9. Payment methods: The buyer may pay the products ordered through PayPal or by bank transfer.
10. Right of withdrawal: CSMT Gestione Scarl has the right to withdraw from each concluded sales contract by giving written notice to the buyer via mail as well as the right not to accept orders from buyers who have not sold other prior orders, they have not accepted the delivery of the products they have purchased or are suspected of behaving contrary to the law.
According to art. 64 and following of the Consumer Code, the purchaser qualifying as a Consumer (a person who does not use the products purchased by CSMT Gestione Scarl in business or trade) has the right to withdraw from the purchase without any penalty and without specify the reason. For this reason, he must send the relevant notice by registered letter with acknowledgment of receipt, within 10 working days from receiving the purchased products.
The return of the products withdrawn, which must be in perfect condition and in the original packaging, must occur within 10 days from receiving them, by a courier of their choice, to the following Address: CSMT Gestione Scarl, Via Branze 45 25123 Brescia (BS).
For the purpose of the valid exercise of the right of withdrawal, the Consumer shall comply with the following terms and conditions:
10.1 the withdrawal may also apply only to the individual products covered by a single sales contract, provided that the consumer will not be able to withdraw a part of the single product purchased;
10.2 all products for which the Consumer has exercised the right of withdrawal shall be complete of the original packaging, in all its parts, including the packaging material and the seals affixed;
10.3 If the product for which the right of withdrawal is exercised returns damaged to CSMT Gestione Scarl, they will not require to pay the price already paid by the buyer, but will only be required to notify the Consignee in order to enable him, where possible, to exercise its right of recourse to the courier chosen for the return of the products;
10.4 CSMT Gestione Scarl will not respond under any circumstances for damages, thefts or loss of sold products until they are returned to CSMT Gestione Scarl. Any risk will therefore be solely borne by the Consumer.
10.5 After verifying the integrity of the products returned, CSMT Management Scarl will refund the Customer the amount paid for the products to be withdrawn within 30 days of receiving them. Refunds will be made using the credit card information provided by the Consignee at the time of the Order, or by bank transfer to the coordinates indicated by the Consignee.
10.6 If the Consumer violates all or part of the provisions for withdrawal from these General Terms and Conditions, the Sales Contract will remain valid and effective and CSMT Gestione Scarl will return the products unduly returned to the Consumer, with shipping costs.
11.Warranty for defects: If the products present any defects or disadvantages, the Consumer shall, at the time of receipt, submit to CSMT Gestione Scarl the defect found within eight days from receiving of the product. CSMT Gestione Scarl will make every reasonable effort to replace the defective product at its own expense and within a reasonable time. If this is not possible or is excessively costly for CSMT Gestione Scarl, the Consumer will be entitled to terminate the sales contract and consequently to re-accrue the sums paid for the purchase or shipment of the product, excluding any further Responsibility of CSMT Gestione Scarl for any title and for any reason.
12.Intellectual Property Rights:The Buyer declares and acknowledges that all trademarks, designs, models, badges, intellectual property, software and databases, or any other intellectual and industrial property right reproduced on the CSMT Management website Scarl in any way and/or form, including CSMT Gestione Scarl, are the sole proprietorship of CSMT Gestione Scarl.
CSMT Gestione Scarl does not, however, respond to intellectual property rights relating to the products for sale, whose owners are expressly indicated therein. Any use of Intellectual Property Rights in any form and/or form, in whole or in part, is prohibited without the prior written permission of CSMT Gestione Scarl or its licensors.
Reproduction of the contents and products offered for sale is prohibited.
13. Disputes: All disputes arising, whether or not related to this contract, shall be subject to a mediation procedure to be performed by a specific body recognized by the parties. The seat of the Selected Body at the moment must be in Brescia, and the mediation in question must be held there. The mediation procedure thus established will apply the regulation of the chosen Body. In the event that both parties to the contract filed a mediation request for arising controversies, whether related to or linked to this contract, only the mediation procedure established with an application deposited with the Body on the previous date will be cultivated.
In the event that the mediation attempt is unsuccessful, only the Forum of Brescia will be competent for the subsequent judgment, with the exception of all other optional Forum.
14. Tacit clauses: According to and for the purposes of articles 1341 and 1342 c.c. The buyer states that he agrees with and specifically accepts the following clauses:2. Scope; 4. Unilateral modifications; 5. Prices; 6. Confirmation of order; 7. Delivery; 9. Methods of payment; 10 Right of Withdrawal; 11. Guarantee for vices; 13. Controversy
General Terms of Online Sale Services
1.The object of the sale through the website www.CSMT.it:The services offered for sale by CSMT Gestione Scarl, with registered office in Brescia (BS), Via Branze 45 Vat no. 02835410982, via website www.CSMT.it (below for brevity called website) are made up of specific lab tests on materials, training courses, seminars and conferences, consultancy activities (hereafter called: offer)
Each offer on the webite specifies the special contract conditions applicable to the single offer. Each offer is characterized by a predetermined duration, as well as by technical features and prices applied to the single offer, valid only and exclusively for the period of time indicated in the offer.
All bids also apply, in addition to the special conditions, to these general conditions.
The sale is reserved to the Italian territory and no contracts with contractors having their registered office outside the Italian territory are entered into.
Therefore, all the contracts entered into between the parties through the web site www.CSMT.it apply these general terms and conditions, in addition to the special conditions of the contract included and present in the individual offers.
2. Scope:The following conditions are applied to all contracts between CSMT Gestione Scarl, through the website www.CSMT.it, and subjects resident in Italian territory.
The rules of reference for the interpretation of these conditions, for the contracts based on them, and about any dispute arisen on the matter will be under the Italian law, with the application of the Italian Jurisdiction. CSMT Management Scarl does not assume any responsibility for the sale of products and/or services by parties other than CSMT Scarl Management who are present on the Website www.CSMT.it through links, banners or other links. CSMT Gestione Scarl is not responsible for the content of these sites or for any errors and/or violations of law by the same.
CSMT Gestione Scarl will not accept any order from people who have not provided their complete, truthful information. CSMT Gestione Scarl sells the services offered on the Site to eligible customers as Consumers under the Consumers Code (i.e. those who do not use the services purchased by CSMT Gestione Scarl as part of their business, business or professional) and to individuals not qualifiable as Consumers, but who, in any case, do not trade the services purchased through the Site. CSMT Gestione Scarl therefore expressly prohibits the purchase of services contained on the Site in order to resell the same to the public or to third parties within a business Commercial or not. In this regard, CSMT Gestione Scarl reserves the right not to evade orders deemed abnormal, at its sole discretion. For the purposes of these general conditions of sale, and pursuant to Legislative Decree No. 206/2005, Consumers who are registered in the category Businesses, entities, practitioners holding a stake, are not considered as consumers, by entering their respective bids and Vat no.
4. 1. Unilateral modifications: CSMT Gestione Scarl can modify, without notice, the general terms and conditions of sale. These changes will take effect from the day they are published on the Site. Purchase orders submitted to the Site prior to the publication of the above modifications will be subject to the general terms and conditions applicable at the time of the conclusion of the sales contract. CSMT Management Scarl reserves the right to modify, suspend or terminate sales through the Site at any time, and disclaims any liability, in any event, for modification, suspension or termination.
5. Request for benefits:The buyer must inform CSMT GESTIONE SCARL of his or her intention to purchase the bids through a request made directly on the Site, where you can view and know the offers offered by CSMT Gestione Scarl, the duration of the same, including the features essential service and price.
In the case of multiple orders, many contracts as the bids purchased will be considered. The order made by the buyer through the site procedures completes a contractual proposal and constitutes a specific acceptance of these general conditions, as well as the special conditions applied to the single offer, which will then be applied to the contractual relationship established between the parties.
CSMT Gestione Scarl has the right to accept, at its sole discretion, orders received without the buyer being able to claim against CSMT Gestione Scarl in any title. The contract will be deemed terminated, and the evasion of its order, when CSMT Gestione Scarl assures at its sole discretion that it may be able to proceed through the order, also following specific agreements with the customer.
6. 1. Validity of bids: Every bid on the site shall indicate the period of validity of the bid. Once the period has expired, the offer will no longer be available, nor CSMT Gestione Scarl will have to reprocess it.
7. 1. Delivery and transport of materials: Any tests or samples must be identified and delivered to CSMT Gestione Scarl's headquarters by letter, order or other document describing them and defining which examinations or tests are required. Specific agreements will be taken directly between the buyer and CSMT Gestione Scarl once the purchase procedure has been completed and CSMT Gestione Scarl has accepted the order. The material must arrive at CSMT Gestione Scarl free of any expense. Otherwise the buyer will be charged as anticipated by CSMT Gestione Scarl, as a reimbursement of expenses. In case the removal of materials is carried out by CSMT Gestione Scarl, the specific shipping charges will be charged, except for the best deals. In any case the samples are considered as valueless objects and no damages are recognized for any loss and/or damage caused by the transport.
9. Order Confirmation: The performance of the offer and purchased by the Customer will be executed only after the contact between CSMT Gestione Scarl and the Customer with the subsequent written acceptance of the assignment by CSMT Gestione Scarl; In such acceptance, the order details and a summary of the content of the purchase information will be communicated to the purchaser.
In the event that CSMT Gestione Scarl does not accept the assignment, the amount paid by the buyer will be refunded by means of re-credit to the paypal account of the consumer of the committed amount or by credit note in case of payment by bank transfer.
10. Test results: Officially valid results are only those issued in signed hard copy. Upon request, advance payments may be made in electronic form, either non-editable or by fax. Verbally, fax or electronic, early results are not final and do not engage CSMT Gestione Scarl. The test results report only the results of the tests. Further comments, analysis, opinions, interpretations, comparisons with laws, etc., are different and complementary, to be agreed in writing with CSMT Gestione Scarl and will be the subject of a separate contract. The client should communicate to CSMT Gestione Scarl the need to use the results of the tests commissioned in the court proceedings. The test and audit results are the property of the customer who commissioned them, while the test methodologies, calculation procedures, data processing and know-how in general for the execution of the tests remain property of CSMT Gestione Scarl unless otherwise agreed in writing and which will be subject to different contracts. The results of tests and checks refer only to samples received and tested, and not to the lots they represent or make up, except that the sampling was carried out by our personnel, according to our statistical methods, conforming to the applicable rules and contractually agreed upon. The test results do not constitute certification and/or inspection of the tested product. CSMT Gestione Scarl does not assume any new responsibilities for designers, builders, testers, purchasing offices, shipowners, shipyards, and any professional body or profession required by law or by contract to provide guarantees; they will remain unaffected by their professional responsibilities. CSMT Gestione Scarl provides archiving test results for 10 years from the date of acceptance of the offer by the Customer..
11. Responsibility: The customer is aware of the risk that the product, delivered to CSMT Gestione Scarl for testing, may be subject to damage resulting from the above tests, including the total destruction of the product. The customer solves CSMT Gestione Scarl from all liability and waives any claim for damages against CSMT Gestione Scarl in connection with the damage or destruction of the product delivered and submitted to the tests. In the hypothesis that following the use by the customer or third parties of the product tested by CSMT Gestione Scarl, discrepancies may arise with respect to test results, the client notes that CSMT Gestione Scarl will respond only to the cost limits of the test performed and not even for any direct or indirect damage caused by the product being tested. CSMT Gestione Scarl is not liable for any damages that may be incurred by its customers for accidental errors in the services and services rendered, except for tax benefits (code 9100) or for declarations of compliance with national or foreign regulations, in quality assurance.
12. Repetion of tests and analysis: Any repetitions of analysis for non-compliant or considered abnormal results for reasons not dependent on CSMT Gestione Scarl, upon notice to the customer, will be charged in addition to the offer for their value specified in the price list or according to the offer related to the work to which the replies refer.
13. Consulting Services:The customer undertakes not to start any direct work relationship with our employees and consultants before 24 months from their last performance. CSMT consultants are required to observe the internal code of ethics, which can be sent to the customer on request. The design and delivery of the service is carried out in compliance with the CSMT Gestione System Scarl's Quality Management System, as described in it. All documentation produced by the expert can only be used by the customer and for internal use. The data contained therein can not be disclosed or used by others, but only extrapolated to protect the content. Each party may withdraw from the contract with a minimum notice of 15 days communicated by registered letter. In such a case CSMT remains obliged to deliver the completed documentation according to the state of progress of the work, and the client will be required to pay the fees for all the work done or prepared until the date of the notice of withdrawal.
For activities carried out at the customer's premises, the acceptance of the offer is automatically granted permission to carry out the activities of the consultant also in the production departments, warehouses and offices, both in pedestrian access areas and in operating areas connected to the assignment.
In case of access to the departments, the host company must provide the information and instructions necessary in advance to prevent specific risks (including the possible distribution of DPI).
14. Training courses, seminars and conferences: registration is to be completed at the CSMT Gestione Scarl receipt of payment due within the terms set out in the offers on the website.
The participation fee may be paid to CSMT Gestione Scarl via Paypal or by bank transfer. It is possible to waive the enrollment for the course up to 15 working days from the beginning of the course unless otherwise stated in the course form, by giving written notice of the cancellation to the e-mail addresses indicated on the individual offers; in such a case, CSMT will retain 25% of the amount paid to cover the organizational expenses. In addition, CSMT will retain the fully paid amount. In any case, the person enrolled before the start of the course can be replaced. CSMT Gestione Scarl reserves the right to postpone or cancel the scheduled course by providing timely information to the interested parties. The company is to advise CSMT Gestione Scarl if the participant is temporarily or permanently incapacitated. The client undertakes not to start any direct work relationship with CSMT teachers before 24 months from their last performance. The CSMT teachers are required to observe the internal code of ethics, which can be sent to the customer on request. The training design and delivery activity is conducted in compliance with the CSMT Quality System, with the methods described therein. All the documentation produced by the teacher and delivered to the client is only for internal use and can not be disclosed to third parties.
15 Partner Offers: Depending on any specific agreements with preferred partners, the buyer may be directed to purchase on a partner site that will in all respects be responsible for managing the customer relationship.
16. Stamps or evidence on test reports: excluded.
17. Use of specifications: The client transmitting or providing non-public or non-public technical documents (such as UNI, CEI, ISO, BSI, JIS, Etc.) but belonging to the intellectual property or the know-how of the holders to which they are attributable, such as: technical specifications or business specifications (e.g. specifications or FIAT, IVECO, Toyota, Renault, etc. specifications), to be used to carry out the required tests and services, authorizes CSMT Gestione Scarl, under his responsibility, to use these documents internally without the obligation of return. CSMT Gestione Scarl undertakes to manage the technical documentation acquired in a confidential and controlled way, avoiding the dissemination to third parties.
18. Conservation, Restitution and Disposal of Materials: At the end of the test, the buyer must collect samples or scrap which are not completely exhausted within 30 days of the trial date, unless otherwise agreed in writing on the order. Otherwise, they will be considered as discarded material, with charge for any costs incurred for the disposal. For materials that can not be disposed directly by CSMT Gestione Scarl, however, it is mandatory for the customer to withdraw. If a specific packaging is required to avoid any impact or damage, this must be indicated in the order, including the specified packaging specifications. Otherwise, common use packs will be used. Due to the existing waste disposal laws, no toxic or harmful waste or hazardous substances will be accepted under the provisions of Legislative Decree 152/06 and subsequent amendments, unless formal statement given that guarantees the client's commitment to retrieve, by himself, residues not completely exhausted for testing and analysis.
19. Proofs, reports, or other reports: Test reports, reports, or other reports released by CSMT Gestione Scarl are confidential and exclusive property of the client. Therefore, they will not be duplicated or shipped to third parties without the written permission of the customer. To ensure compliance with the original, CSMT Gestione Scarl prohibits the partial reproduction of its own test reports or elaborates, and in any case does not recognize the paternity of any copies that are not written on their own headed, stamped and counterfeit paper which copies is conform to all original.
20. Billing: 1. The invoice will be issued by the end of the month of online purchase.
21. Payment Methods:The buyer may pay for the bids purchased through the PayPal system, which guarantees the security and confidentiality of the transactions. At the end of the order, the system will direct the buyer directly to PayPal secure SSL site where the CSMT Getsione Scarl's offers can be paid. They can also be paid by bank transfer with payment to the current account indicated in the e-mail received from the customer at the time of purchase and sending the related accountant to CSMT Gestione Scarl.
CSMT Gestione Scarl will only execute the required work if and only if there is certain proof of the payment, whatever the chosen payment method.
22. Exclusions: The ancillary services or related to the tests or services offered not specifically indicated in the offer are to be considered excluded.
23. Customer collaboration: The performance or services offered are deemed valid in a situation of normal and constructive collaboration between the parties and in the absence of defaults or substantial unjustified operational/time changes.
24. Right of withdrawal:CSMT Gestione Scarl has the right to withdraw from each contract, giving written notice to the buyer via email and recommends to as well as it has the right not to accept orders from buyers who have not sold out previous orders, have not accepted the delivery of the products they have purchased or are suspected of behaviour contrary to the law.
According to art. 64 and following the Consumer Code, the purchaser qualifies as a Consumer (a person who does not use products purchased by CSMT Gestione Scarl as part of his/her business, trade or professional) has the right to withdraw from the purchase without any additional penalties.
The amount paid by the Customer may be returned in full, in part or in any part in relation to what is indicated on the individual offers.
The benefits must be requested by the Consumer within the periods indicated on the individual offer; these terms terminated, CSMT Gestione Scarl will retain the entire amount paid by the Consignee without any obligation. To do so, the relevant notice must be sent by registered letter with acknowledgment of receipt, within 10 days from the conclusion of the contract.
25. Disputes: All disputes arising, whether or not related to this contract, shall be subject to a mediation procedure to be performed by a specific body recognized by the parties. The seat of the Selected Body at the moment must be in Brescia, and the mediation in question must be held there. The mediation procedure thus established will apply the regulation of the chosen Body. In the event that both parties to the contract filed a mediation request for arising controversies, whether related to or linked to this contract, only the mediation procedure established with an application deposited with the Body on the previous date will be cultivated.
26. Jurisdiction: In the event that the mediation attempt is unsuccessful, only the Forum of Brescia will be competent for the subsequent judgment, with the exception of all other optional Forum, as per art. 19 and 20 of Civil Code.
27. Confidentiality and disclosure pursuant to Legislative Decree no. 196/2003:
All information about the client's activities and / or products that will be communicated to CSMT Scarl Management Staff, Collaborators and Consultants will be considered confidential and usable within the limits and for the purposes of the assignment. The common data (company name, address, VAT) required for the performance of the obligations arising from the contract may be communicated to accountants and banking institutions. These data can be processed both manually and in computer mode and will be retained by CSMT Scarl Management
28. Intellectual Property RightsUser acknowledges that all trademarks, designs, models, badges, intellectual jobs, software and databases, or any other intellectual and industrial property right accessible to and/or reproduced on site in any form, including CSMT Gestione Scarl, are the sole proprietorship of CSMT Gestione Scarl.
CSMT Gestione Scarl does not, however, respond to intellectual property rights relating to the products for sale, whose owners are expressly indicated therein. Any use of Intellectual Property Rights in any form, in whole or in part, is prohibited without the prior written permission of CSMT Gestione Scarl or its licensors.
Reproduction of the contents of the Site and the products offered by it is prohibited.
29. Tacit clauses: According to and for the purposes of articles 1341 and 1342 c.c. The buyer declares that he has read, understood, and specifically accepted the following clauses: 4. Unilateral modifications; 6. Validity offered; 7. Delivery and transport of materials; 10. Test results; 11. Responsibility; 24. Right of Withdrawal; 25. Disputes; 26. Competent forum;