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General Conditions of Use, Terms and Conditions of Sale – Beta Utensili S.p.A.

The services available on our website (www.beta-tools.com) are subject to the acceptance of the terms and conditions set out below (“Agreement”). Beta Utensili S.p.A. (“Beta”) may amend and supplement the above terms and conditions at any time.

Subject Matter of Agreement

By accessing and using the website www.beta-tools.com (“Website” or “Beta”), you indicate that you unconditionally and irrevocably accept the Terms and Conditions of Use. You hereby represent and warrant that you possess the legal right and ability to use the Website in accordance with the Conditions for Use of the Website.

Limitation of Liability General Information

Your access to, and use of, software and other materials on, or through, this Website is solely at your own risk. We aim to ensure that availability of this Website will be uninterrupted and that transmissions will be error-free. However, Beta reserves the right to withdraw or amend the service we provide on the Website without notice. Also, your access to the Website may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new services. We will attempt to limit the frequency and duration of any such suspension or restriction. We will not be liable if for any reason our Website is unavailable at any time or period.

Limitation of Liability

Except in cases of wilful misconduct or gross negligence, Beta will not be liable for any direct, special, indirect, incidental, consequential (including, without limitation, loss of revenue or profits) arising out of the following: (I) access to, or use of, the Website, or delay or inability to use the Website, or any other information contained in the Website; or, (II) the availability and usefulness of products and services advertised or offered for sale through the Website. Any rights not expressly granted herein are reserved.

Indemnity

As a condition of use of this Website, you agree to indemnify Beta from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of the Website. Links to Third-Parties’ Websites and Videos The Website may contain links and pointers to Internet sites maintained by third parties. Beta does not operate or control in any respect any information, products or services on such third-party sites. Third-party links and pointers are included solely for your convenience, and do not constitute any official endorsement by Beta. You assume sole responsibility for use of third-party links and pointers.

Limitations on Use

You agree to use the Website solely to avail yourself of the services offered by Beta. You agree to not abuse the Website. “Abuse” includes, without limitation, using the Website to: - defame, harass, stalk, threaten, abuse or otherwise violate others’ rights as defined by applicable law;
- harm or interfere with the operation of others’ computers and software in any respect, including, without limitation, by uploading, downloading or transmitting corrupt files or computer viruses;
- violate applicable intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting materials or software;
- omit or misrepresent the origin of, or rights in, any file you upload or download, including, without limitation, by omitting proprietary language, author identifications, notices of patent, copyright or trademark;
- transmit, post, or otherwise disclose trade secrets, or other confidential or protected proprietary material or information;
- download or upload files that are unlawful to distribute through the Website;
- transmit any information or software obtained through the Website, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the Website;
- overload the infrastructure of the Website;
- falsely use a password or personal identification number during logging into the Website, or misrepresent one’s identity or authority to act on behalf of another person;
- violate the Conditions for Use of the Website in any other manner.

Information on Copyright and Trademarks

All website contents: Copyright © Beta Utensili S.p.A.. All rights reserved. This Website is for your personal use only. You agree not to modify, copy, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website.

Terms and Conditions of Sale

The following Terms and Conditions of Sale only apply between Beta, having its registered office in via Volta, 18 - 20845 Sovico (MB) – Italy, Tax Code and VAT Number: 09321470966, and any person making online purchases on the Internet site www.beta-tools.com (“CUSTOMER”). These terms and conditions may be modified. Changed terms will become effective once posted on the Website. By accessing the Website and making a purchase, each CUSTOMER acknowledges that the CUSTOMER has read and understood Beta’s Terms and Conditions of Sale, and agrees to be unconditionally bound thereby. We recommend that our Customers read the Conditions of Use and Sale carefully before using the Website and making any purchase. If you do not agree with these Terms and Conditions of Sale, in whole or in part, please do not shop on the website www.beta-tools.com.

Subject Matter of the Agreement

Under these General Terms and Conditions and Terms and Conditions of Sale Beta sells, and the CUSTOMERS purchases, from a distance, such tangible movable property and services as indicated and offered for sale on the Website www.beta-tools.com. The agreement is entered into solely through the Internet, namely through the access of the CUSTOMER to the address www.beta-tools.com and the implementation of a purchase order according to such procedure as provided by the Website. The CUSTOMER shall read these General Terms and Conditions of Sale before confirming any purchase order. Execution and Delivery of Agreement The Sales Agreement shall be deemed to be duly executed and delivered with an email from Beta to the CUSTOMER confirming the order. The email contains the CUSTOMER’s data and the order number, the price of the purchased goods, the shipping costs (if applicable), the taxes (if applicable) and the delivery address. The CUSTOMER shall check the personal data contained therein for correctness and promptly inform Beta of any corrections. Beta takes great care in describing and showing the items sold on the Website as accurately as possible. Nevertheless, some errors, inaccuracies or small differences between the products depicted on the Website and the real products may occur. Moreover, the photographs of the products shown on www.beta-tools.com are not contractually binding, because they are only meant to be representative.

Methods of Payment and Refunds

Any payment by the CUSTOMER may only be made by means of one of the methods stated on the Website www.beta-tools.com – that is, by credit card and PayPal. All communications relating to payments and the relevant data provided by the CUSTOMER shall take place on dedicated lines protected by encryption systems. The security of payment by Credit Card is guaranteed by certification on an external platform managed by PayPal (Europe) S.à r.l. et Cie, S.C.A (Luxembourg), according to the method chosen by the customer.

Beta will not store the credit card data of the customers who make online purchases on the Website on its computer systems.

Any refunds to the CUSTOMER will be made by Beta using the same method of payment chosen by the CUSTOMER when purchasing. Image Policy and Copyright for Custom Items

The intellectual and/or industrial property rights on the information and all the material sent by the customer to have the ordered goods customized shall remain the sole property of the customer.

Assumption of Responsibility

Beta shall not be held responsible for the materials sent by any third parties to make any customized products, whether they are texts, images or graphic works, and accepts no responsibility for any damage resulting from the manufacturing, marketing or publication of the above custom items. The use of Beta’s service for printing custom items implies acceptance of the following assumption of responsibility by the CUSTOMER:
The CUSTOMER is solely responsible for the creation of custom items ordered by the CUSTOMER and made by Beta and any suppliers of services on behalf of the CUSTOMER. The CUSTOMER shall hold Beta harmless from, and indemnified against, any liability arising from the manufacturing and marketing of the items created or ordered by the CUSTOMER. In particular, the CUSTOMER is fully responsible – before Beta and third parties – in case of manufacturing and marketing of any items containing material which is protected by copyright or other intellectual property rights, is obscene, defamatory, or offensive to the public morals, and may, generally speaking, offend or harm third parties. Beta reserves the right to assess and select the material sent by the customer to manufacture custom products and to not process orders whose print contents are deemed to be noncompliant with internal policies or copyright rules, illegal or offensive.

Right to Use Photographs and Other Trademarks

When sending an order, the CUSTOMER is aware and accepts that the CUSTOMER:
- has requested Beta Utensili S.p.A. to customize the Beta cab by printing and supplying magnetic stickers to be applied to the drawer fronts;
- has requested Beta Utensili S.p.A. to use – for the above customization -, the personally uploaded photograph, to which the brand name “BETA” will be affixed to identify the origin of the cab;
- holds and can freely use all image rights (including all rights of use, reproduction and exploitation for commercial and/or advertising purposes) relating to the people and products depicted in the uploaded photograph, with an express guarantee and indemnity obligation in favour of Beta Utensili S.p.A. in case of disputes, claims and/or actions by third parties in any capacity;
- holds and can freely use all industrial and intellectual property rights (including all rights of use, reproduction and exploitation for commercial and/or advertising purposes) relating to the above photograph, with an express guarantee and indemnity obligation in favour of Beta Utensili S.p.A. in case of disputes, claims and/or actions by third parties in any capacity;
- is fully and unconditionally entitled to commission Beta Utensili S.p.A. to make the magnetic stickers using the uploaded photograph, specifying that the said rights include, and are extended to, any modification and/or adjustment of the photograph, by adding texts, drawings and/or logos (including the brand name “Beta”), with the only limit of not using the photograph in a way that is offensive and/or detrimental to the dignity and/or reputation of the photographed person(s);
- agrees – for himself/herself as well as (pursuant to and in accordance with Article 1381 of the Italian Civil Code) for the natural person(s) depicted in the photograph – to the foregoing – for example, under Regulation (EU) 679/2016.

Delivery Timing and Method

The products will be delivered via express courier to such address as specified by the CUSTOMER when ordering. The orders will be dispatched within 7 to 10 working days. The average delivery times may vary depending on when the product(s) is/are taken over by the courier. The floor delivery service will not be provided by the courier.

Prices

All sales prices of the products/services that can be purchased on the website www.beta-tools.com are generally expressed in euros, and the taxes and any other charges are clearly stated in the total prices.
The shipping costs are not included in the purchase price, but are stated and calculated on completion of the purchase process, before the payment is made.

The CUSTOMER agrees that Beta may modify the prices at any time. However, the goods will be sold on the basis of the prices stated on the Website upon creation of the order and indicated in the confirmation email sent by Beta to the CUSTOMER.

In the event of a computer, manual, technical or any other error that may result in a substantial change – not foreseen by Beta – in the retail price, making it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled, and the amount paid by the CUSTOMER will be refunded within 14 days of the date of cancellation.

Receipt and Invoice

Beta will issue either a receipt or an invoice, in accordance with applicable Italian laws.

Right of Withdrawal

The CUSTOMER may withdraw from the purchase without penalty within 14 days of the date of receipt of the products. Beta reserves the right to impose penalties on purchases derived from the product customization service, if customization and the printing of images or other creations owned by the CUSTOMER are requested by the CUSTOMER.

The goods shall be returned intact, in their original packaging, complete in all their parts (including packaging and any documentation and accessory equipment). Without prejudice to the right to verify compliance with the foregoing, Beta will refund the amount of the products subject to withdrawal within a maximum of 14 days.

Any CUSTOMER who intends to exercise the right of withdrawal shall inform the customer service by either phone or email, by sending an explicit declaration containing the decision to withdraw from the agreement or, alternatively, by sending the standard withdrawal form, as per Annex I, Part B, of Italian Legislative Decree 21/2014 (not mandatory), the text of which is given below:

Standard withdrawal form pursuant to Article 49, paragraph 1, letter h) (please fill in and return this form only if you wish to withdraw from the agreement)

Beta Utensili S.p.A., having its registered office in via Volta, 18 - 20845 Sovico (MB) – Italy, Tax Code and VAT Number: 09321470966

I/We (*) hereby notify (*) you of my/our (*) withdrawal from the sales agreement concerning the following goods/services (*)
- Ordered on (*) / Received on (*)
- Name(s) of consumer(s)
- Address(es) of consumer(s)
- Signature(s) of consumer(s) (only if this form is sent in paper version)
- Date

(*) Delete as appropriate.

Guarantees

All the products are covered by the Legal Guarantee of Conformity, as provided for in Articles 128 to 135 of the Italian Consumer Code.
The legal guarantee of conformity - as provided for in the Italian Consumer Code (articles 128 et seq.) – protects the CUSTOMER in cases of defective products, which malfunction or do not respond to the use declared by the seller or for which the goods are generally intended. The CUSTOMER can assert his or her rights regarding the legal guarantee of conformity by contacting Beta. In the presence of a lack of conformity, the CUSTOMER is entitled to repair or replacement of the defective product by Beta at his or her discretion, without any charge being applied, unless the requested remedy is objectively impossible or excessively expensive compared to the other. If replacement or repair is not possible, the CUSTOMER is in any case entitled to a price reduction or a refund in line with the value of the goods against return of the defective product to Beta. The legal guarantee runs for two years from delivery of the goods (one year if the customer has requested an invoice therefor) and shall be invoked by the CUSTOMER within 60 days of discovering the defect.

After-Sales Assistance

In cases of a lack of conformity, the CUSTOMER will be entitled – at his or her discretion – to replacement of the Product or full reimbursement of the price paid for the Product and shipping costs.

In cases of a minor lack of conformity, the CUSTOMER will be entitled – at his or her discretion – to a fair reduction of the price paid for the Product or termination of the agreement.

The CUSTOMER will not be entitled to repair, replacement, price reduction or termination of the Agreement in relation to any Product found to be defective if the Product is repaired or modified by any person other than the manufacturer, Beta or any other authorized person and/or if the defect of conformity of the Product is shown later than two years after the delivery thereof and/or the defects are due (in whole or in part) to misuse, improper use or storage or maintenance or installation.

Beta does not guarantee the availability of spare parts for the sold products. If the spare part is not available or repair is excessively expensive, the product covered by the warranty will be replaced or refunded if replacement is not possible. If any out-of-warranty repairs are required, as long-term supply of spare parts cannot be guaranteed, it is necessary to know if the product is restocked on an ongoing basis or is subject to limited availability.

Complaints

For any complaints regarding the specifications of the Products, shipment etc., the CUSTOMER can contact Beta through the customer-care service at the following email address: support_dreamyourbeta@beta-tools.com

Arbitration

Any controversy arising out of or relating to this Agreement shall be settled by the courts in the place of domicile or residence of the consumer, in accordance with current regulations, provided that such place is located within the territory of the Italian Republic.

Under Article 14 of Regulation (EU) 524/2013, in case of any controversy, the user may submit a complaint via the EU ODR platform, which can be reached at the following link: http://ec.europa.eu/consumers/odr/. The ODR platform constitutes an access point for the users who wish to settle disputes arising from online sales or service agreements out of court. For further information, please email: support_dreamyourbeta@beta-tools.com

Under Article 49, paragraph 1, letter V of Italian Legislative Decree n°. 206 of September 6, 2005 (Consumer Code), the customer can make use of the Joint Conciliation procedure.
The Procedure can be initiated if the consumer, after submitting a complaint to the company, has not received a response within thirty days or has received a response that is not satisfactory according to the consumer.
The customer who decides to make use of the Joint Conciliation procedure shall send the application to the email address: conciliazione@consorzionetcomm.it or to the fax number +39 (0)2/87181126.
For further information, please check out:
http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica.kl