Terms and conditions of sale
version 3.0 of 10 June 2014
1.INTRODUCTION
1.1 The website (hereinafter the "site"), owned by Sicurnet scrl, with registered office in San Giuliano Milanese (MI) - info@sicurnet.it - VAT registration number: 02951580964, (hereinafter "Sicurnet") presents the catalogue of all products and services marketed by Sicurnet (hereinafter collectively, also with reference to products and services provided exclusively online, referred to as "products").
1.2 By making any purchase on the site, the user is required to agree to these conditions of sale (hereinafter the "conditions of sale") and to all the provisions governing the use of the site including, purely by way of example, the conditions for orders and shipments and the site's privacy policy, published on other pages of the site, which govern registration, access, navigation, sales and in general the use of the site.
The conditions of sale are available only in Italian language.
1.3 The concluded contract will be archived via an electronic system and will be accessible to Sicurnet personnel who need to know it in connection with the execution of the contract, to any third parties used by Sicurnet for the execution of the contract and to the legitimate recipients in accordance with current legislation. By sending an order to Sicurnet, the customer consents to Sicurnet's use of telephone, email and other automated calling systems without the intervention of an operator in connection with the conclusion and execution of the contract.
2. OBJECT OF THE CONTRACT
2.1. The premises form an integral part of these general terms and conditions
2.2 The object of the contract is the sale of goods and/or services relating to occupational health and safety provided by Sicurnet and/or its partners with the statutory powers.
3. SALE PRICES AND PURCHASING METHODS
3.1 All sales prices of the products displayed and indicated on the website and in the printed catalogue are exclusive of VAT and all other taxes.
3.2 The VAT rates are as follows: CD-ROMs, DVDs, software, video-courses, video lessons, equipment, devices and manuals produced and published by Sicurnet: 22% VAT; brochures: 4% VAT; volumes from other publishers: exempt from VAT.
3.3 The prices indicated in the printed catalogue remain in force until the publication of the next catalogue; however, it is not excluded that any changes may alter the prices to the end customer. The prices indicated on the site are those valid at the time of purchase by the customer, except for shipping and transport costs and VAT. Will be borne by the customer the cost of shipping, which varies depending on weight, size and destination (on Italian territory or abroad); as for the destination abroad will be Sicurnet to verify the additional costs related to the state where the delivery is to be made and communicate the costs to the customer for his specific acceptance.
3.4 The purchase contract is concluded alternatively
a) through the exact compilation and consent to the purchase expressed pursuant to art. 1326 of the Civil Code through the online subscription, all subject to acceptance in point and click mode of these general conditions of sale and, with subsequent adherence and specific approval of the same, again in point and click mode, pursuant to art. 1341 and 1342 of the Civil Code
or
b) through the signing and sending of order forms which the customer can forward directly to Sicurnet scrl or through the customer's signing of quotations sent by Sicurnet scrl or through the signing and sending of the contract proposal attached to Sicurnet scrl's printed catalogue or, finally, through orders received by telephone.
In all cases referred to in point 3.4 b) above, Sicurnet scrl will provide the customer with a paper document containing these terms and conditions of sale which the customer declares to have read carefully, also providing for the signing of the relative adhesion and specific approval pursuant to articles 1341 and 1342 of the Italian Civil Code;
In the absence of this declaration and the relevant signature, the contract is deemed not to have been perfected: Sicurnet scrl will be relieved of any liability for failure to process the order.
This documentation must be duly completed and signed by the customer and sent to Sicurnet scrl by fax to 02 98249203 or by e-mail to info@sicurnet.it.
3.5 Sicurnet reserves the right not to accept incomplete or incorrectly completed orders.
3.6 The minimum order that may be placed is EUR 25 net and may include the purchase of several items. For some articles, the minimum order refers to a minimum number of pieces that can be ordered.
3.7 The customer may pay for the ordered goods using the payment services indicated at the time of purchase:
- with Cash on Delivery upon receipt of the goods, pursuant to Decree Law no. 201/11 the limit below which cash and 'free' (transferable) cheques are allowed to be transferred has dropped to 1,000;
- by Credit Card of the Visa and Mastercard circuits, with the transaction managed in SSL128 Bit encryption by Banca Sella's GestPay;
- by bank transfer in advance to IBAN IT 71 D 05034 33730 000000012782, Banca Intesa San Paolo IMI, payable to: Sicurnet scrl, info@sicurnet.it;
- (for schools and public bodies only) by Postal Bulletin payable to C/C 32449258 made out to Sicurnet scrl
3.8 The tax documentation relating to the products ordered shall be issued by Sicurnet at the time payment is finalised.
3.9 If the customer has a VAT number and wishes to receive an invoice in his own name, he must indicate this request in the order by filling in the appropriate fields.
4. AUTHORISATIONS
4.1 By completing the appropriate form on the payment banking system website the customer authorises Sicurnet to use their credit card and to debit their bank account in favour of Sicurnet for the total amount shown as the cost of the purchase.
4.2 The entire online payment procedure is carried out through a secure connection directly connected to the bank which owns and operates the payment service which Sicurnet cannot access.
4.3 At no time during the purchase process is Sicurnet able to know the information relating to the buyer's credit card, as it is typed directly on the site of the party handling the transaction with very high security systems. No Sicurnet computer files contain or store such data.
4.4 Under no circumstances may Sicurnet be held liable for any fraudulent and/or undue and/or illegal use of credit cards by third parties when paying for products purchased on its site.
4.5 In the event of cancellation of the order by the customer (within the terms set out in art.7: withdrawal) or in the event of non-acceptance by Sicurnet, the same shall simultaneously request the cancellation of the transaction and the release of the amount committed.
4.6 The release times for certain types of cards depend exclusively on the banking system. Once cancellation of the transaction has been requested, under no circumstances may Sicurnet be held liable for any damages, direct or indirect, caused by delays in the failure of the banking system to release the committed amount.
4.7 By completing and sending the data sheet on the site or on the proposal attached to the printed catalogue required to activate the ter for the execution of the contract, the customer authorizes Sicurnet to communicate non-sensitive personal data (e.g. residence, telephone number, etc.) to its suppliers, technical and administrative, so as to allow the completion of the procedures necessary for the performance of the contract.
4.8 Sicurnet reserves the right to request additional information from the customer (e.g. landline telephone number or other) and/or the sending of copies of documents proving ownership of the credit card used for the transaction. In the absence of the requested documentation Sicurnet reserves the right not to accept the order.
5. EXECUTION OF CONTRACT AND DELIVERY METHODS
5.1 Sicurnet scrl will deliver the selected and ordered products to customers, in the manner set out in art. 3, by express courier, with the relevant shipping costs charged to the invoice, or in the case of intangible products, by the electronic methods set out in the service descriptions.
The estimated delivery time is around 2/4 working days for Italy and 6/8 working days for the islands.
In the case of orders placed according to the methods set out in art. 3.4 b), these terms will obligatorily commence from the date of receipt by Sicurnet scrl of the specific declaration and signature ex art. 1341 and 1342 c.c. of the customer.
The date of delivery is understood to be the date of the first attempt by the courier to deliver the goods to the destination address indicated by the customer, even if the attempt is unsuccessful due to the absence of the recipient or rejection of the goods.
5.2 For the conduct of courses in e-learning mode, Sicurnet will activate the selected and ordered courses to customers (providing them with the necessary passwords), within a maximum period of 7 working days from the date of receipt of payment and from the compilation and uploading/sending of all the necessary documents, using the electronic methods provided for in the service descriptions.
5.3 For the provision of courses to order (in accordance with specific customer requirements that are outside the offers published on the site) Sicurnet will formulate a tailor-made quotation based on the companies' requests, which will be sent to applicants within a maximum period of 10 working days from the request.
5.4 In any event, the contract will be deemed concluded at the time the accompanying invoice is issued and the dispatch procedure is started, without prejudice to Sicurnet's right to demand payment due and to dispatch only when payment has been received.
6. OBLIGATIONS, RESPONSIBILITIES AND RELATED EXEMPTIONS
6.1 Sicurnet reserves the right not to accept incomplete orders or orders which are not duly and/or correctly completed.
6.2 In the event of non-execution of the order due to unavailability, exhaustion, suspension or cancellation of the goods or service ordered by the Customer, Sicurnet shall inform the Customer as soon as possible, refunding any sums already paid by the latter in respect of the non-executed supply, with express waiver by the latter of any claims for compensation and/or indemnity.
6.3 In the event that, within 10 days of delivery of the purchased goods, defects and/or faults appear in the product supplied, the Customer may contact Sicurnet scrl requesting, at his or her choice, the repair or replacement of the goods, unless the remedy requested is objectively impossible or excessively onerous, or, if the conditions exist, the reduction of the price or the termination of the contract with relative reimbursement of the price and without any claim for compensation.
Notification of the defect must be made within 3 days of its discovery, under penalty of forfeiture, and the product must be returned to Sicurnet scrl perfectly intact and in its original packaging.
Sicurnet scrl reserves the right to charge the customer for any expenses incurred in checking the product and shipping it, if the product turns out to be intact and in working order, or lacking the complained of defect and referable to the date of delivery, contrary to the customer's declaration.
6.4 If, within 3 days of delivery of the goods, the Customer discovers a lack of conformity with what was ordered, he is entitled to request a replacement with a conforming product or, otherwise, in the event of unavailability, a refund of the price without any claim for compensation. It is the customer's burden, however, to prove that it is a conformity defect existing at the time of delivery of the product.
6.5 Sicurnet scrl is released from all liability for loss or damage (damage) to goods from the moment they are delivered without reserve to the carrier for transport. The customer, therefore, from the moment he receives the damaged goods or requests their return to the carrier, has a direct and exclusive action against the carrier. The latter shall also be liable for the delay in delivery of the goods to the consignee.
In the event of obvious damage to the goods during transport, the Customer shall be obliged to make reservations regarding the goods transported at the time of delivery under penalty of forfeiture. In the event of partial loss or damage not recognisable at the time of delivery, the Customer shall report the damage as soon as it is known and no later than eight days after receipt, under penalty of forfeiture.
6.6 All training courses offered on the site in e-learning mode comply with current occupational health and safety regulations.
6.7 Sicurnet scrl warrants that Sicurnet scrl's multimedia and non-media training materials are free from defects in materials and workmanship under normal conditions of use.
6.8 Sicurnet scrl shall perform the services under this guarantee without any time obligation and within the limits of the availability of its own facility or the facility of third parties it uses.
6.9 This guarantee does not apply if the operation derives from unsuitable use or use not in accordance with the indications of the support, accidental causes, fortuitous events, force majeure and any cause not attributable to Sicurnet scrl.
6.10 The user expressly accepts that use of the support containing Sicurnet scrl's training products and services is at his or her sole risk.
6.11 The medium containing Sicurnet scrl's training products and services is supplied in its current state.
6.12 Sicurnet scrl is expressly released from all warranties, express or implied, including the warranty of suitability of the product for particular purposes.
6.13 Under no circumstances shall Sicurnet scrl be held liable for direct or indirect damage (including damage due to loss of earnings or savings, business interruption, loss of information or data and other economic losses) suffered by the user or third parties as a result of the use or non-use of the medium containing the training goods and services, even if Sicurnet scrl has been warned of the possibility of such damage. This limitation of liability applies not only in cases of use of the medium containing the training goods and services in a manner not in accordance with the manufacturer's instructions, but also in cases of use in accordance with them.
In any case, the liability of Sicurnet scrl is limited to a maximum amount of EUR 50.00.
6.14 The information contained in the training products and services is a compilation of general safety procedures obtained from reliable sources available at the date of production.
6.15 Sicurnet scrl does not guarantee that every possible safety procedure is contained in the medium containing the training material and it is therefore the responsibility of the user to choose the most suitable training content according to their specific needs.
6.16 The customer undertakes and is obliged, once the purchase procedure is completed, to print and keep these general conditions, which, moreover, he/she will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product purchased.
6.17 These general conditions may be updated or changed at any time by Sicurnet scrl which will communicate this through the normal communication channels on the site.
6.18 Sicurnet undertakes to do everything in its power to provide training products and services on an ongoing basis, but offers no guarantee that they will not be subject to possible suspensions and interruptions. In this case, no liability is accepted. The information and materials relating to the services provided are compiled, reviewed and updated with accuracy, completeness and adequacy: no warranty, either express or implied, is provided for any errors, omissions and/or inaccuracies in the information and materials, or in the results that may be obtained from them. Sicurnet cannot be the subject of any claims attributable to errors, omissions and/or inaccuracies in the information and/or material contained in the training products and services, nor can it be held liable for any direct/indirect, special/incidental and/or consequential damage within the limits set out in Article 1229 of the Italian Civil Code due to the use of such information and material.
6.19 It is strictly forbidden for the purchaser to enter false and/or fictitious data in the registration procedure required to activate the process for the execution of this contract and the relative further communications; the personal data and e-mail address must be exclusively the purchaser's own real personal data or company data and not that of third parties, or fictitious.
6.20 It is expressly forbidden to make multiple registrations corresponding to the same person or to enter the data of third parties. Sicurnet scrl reserves the right to prosecute any infringement and abuse. The customer indemnifies Sicurnet scrl from all liability deriving from the issue of incorrect tax documents due to errors in the data provided by the customer, the customer being solely responsible for correct entry.
6.21 The Customer undertakes to comply with the Code of Ethics of Sicurnet published on the company's website http://sicurnet.dyndevicelcms.com. Compliance with the provisions contained in the Code of Ethics of the Company is an integral and substantial part of the contractual obligations under the contract governed by these conditions. Violation of the Code of Ethics will result in the legal termination of the existing contractual relationship as provided for in Article 10 of these conditions in accordance with Article 1456 of the Civil Code, as well as the full right of Sicurnet to claim compensation for damages suffered for the injury to its image and reputation. Sicurnet will notify the contracting partner in writing of its intention to make use of this clause. Any communication relating to possible non-compliance with the code of ethics or liability pursuant to Legislative Decree no. 231/2001 may be made to Sicurnet's Supervisory and Control Committee at the following address: info@sicurnet.it. Confidentiality and anonymity will be ensured in respect of any information received by the aforementioned body.
6.22 The customer, before purchasing an e-learning training service, has the onus to verify that the (e.g. regional) legislation applicable to him or his National Collective Labour Agreement does not provide for differences in methodology and/or content with respect to the courses offered on the site. Sicurnet does not provide any advice on the training needs of customers: the responsibility for matching the content to the customer's needs lies entirely with the customer. Sicurnet is therefore not liable for courses mistakenly purchased by the customer as a result of incorrect or deficient information acquired by the latter.
6.23 Where the contracted training courses provide for an in-person final examination, Sicurnet, in the event of failure by the participant to pass such an examination, will allow the participant access to another and subsequent examination session at an additional cost which will be the subject of a separate quotation by Sicurnet.
7. CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
7.1 Sicurnet scrl has the right to terminate the contract by simply notifying the customer with adequate and justified reasons; in this case the customer will only have the right to a refund of any sum already paid.
The obligations assumed by the customer as per art. 6, the guarantee of the successful completion of the payment which the customer makes with the means as per art. 3, as well as the protections as per arts. 9 and 10 below are essential, so that by express agreement, failure by the customer to meet only one of these obligations will result in the legal termination of the contract, without the need for a judicial ruling, without prejudice to the right of Sicurnet scrl to take legal action for compensation for further damage.
8. LICENCE TO USE TRAINING PRODUCTS AND SERVICES
8.1 The training products and services in whatever medium they are provided (CDs, DVDs, manuals, files, e-learning training courses etc.) as well as all related documentation are licensed for use by Sicurnet scrl or its authorised sales outlets.
As licensee, the purchaser/customer is the owner of only the physical medium on which the learning content was originally deposited and, therefore, Sicurnet scrl, retains ownership and any further rights otherwise qualified on the original material and any subsequent copies.
It therefore follows that the Sicurnet scrl teaching material contained in this package and any copies of it that this licence authorises are subject to this licence.
8.2 This licence shall only entitle the purchaser to use the teaching material as an end user in accordance with the terms and conditions set out in this article and in accordance with any further conditions and warnings on the packaging, in the user manual, in the electronic documentation or in the online documentation relating to the teaching material.
The licensor conveys to the end user the non-exclusive and non-transferable right to exploit the contents of the teaching material.
8.3 With specific reference to the teaching material on multimedia media, this user licence permits the installation and/or use of the Sicurnet scrl teaching material on only one device at a time. A back-up copy of Sicurnet scrl's instructional material on multimedia support is permitted, within the limits set out in Art. 64 ter, para. 2, law no. 633 of 22 April 1941. The support containing this copy shall be guarded with diligence in order to prevent its installation or otherwise use by anyone and the transfer of its contents in any way or form to third parties. The support copy shall bear all the copyright data contained in the original.
8.4 The user is not authorised to develop multimedia products or applications not based on Sicurnet's teaching material; any authorisation may be granted by Sicurnet scrl on the basis of another, different written agreement.
8.5 Except as permitted under this licence, you may not decompile, disassemble, reverse assemble, modify, rent, lease, sub-licence, loan, distribute or derive derivative works in whole or in part from Sicurnet scrl's teaching material or transmit it over a network.
8.6 The Sicurnet scrl learning material is licensed for use as a unitary product. Its individual component parts may not be separated for use in separate processing environments or by other than authorised parties.
8.7 The user is not authorised, unless otherwise separately agreed, to transfer or assign the licence to use the training material in any way.
Safety trainers are also permitted to make use of the purchased training material by third parties (those with an interest in the training).
8.8 These user licence conditions also apply to update versions of the medium as well as to enhancements and modifications of the medium; any purchase by the user of the right to use updated versions of the medium does not confer the right to increase the number of usable copies.
9. COPYRIGHT
9.1 Sicurnet has exclusive ownership of the brand name and domain name http://sicurnet.dyndevicelcms.com regardless of the purpose, any use of which in contravention of the regulations is prohibited and will be legally prosecuted.
9.2 Sicurnet has exclusive ownership of all parts of the site, including but not limited to logos, images, text and course content.
9.3 In accordance with copyright law, any commercial use by third parties, total or partial reproduction, reworking, transmission in any form and by any means without prior written permission from Sicurnet is prohibited.
9.4 The downloading and use of copyrighted material made available by http://sicurnet.dyndevicelcms.com is permitted only for proven and lawful purposes and in compliance with intellectual property laws: the customer, who is responsible for maintaining the secrecy of the password assigned to him, and who holds a personal and non-transferable right of access to the reserved area as a result of his registration, undertakes to indemnify and hold Sicurnet harmless from any and all claims and/or demands arising from the use and/or abuse by third parties.
9.5 Sicurnet reserves the right to suspend the customer's username or password if it considers that a security problem or unauthorised use exists or is highly probable.
9.6 The medium containing the teaching material covered by these licence conditions is also protected by applicable laws, decrees, regulations and any other applicable national provisions, in particular by copyright and intellectual property law, as well as by EU regulations and international treaties as applicable.
9.7 The support, any copy of it and any part or element of it (including but not limited to: any image, icon, photograph, animation, video, music, text), any text or image printed on documents enclosed within it, the electronic and "online" documentation relating to the support, are the exclusive property of Sicurnet scrl and may not be reproduced by the user in any form or manner whatsoever. All rights to trademarks, product names and any other distinctive signs are reserved by Sicurnet scrl.
9.8 The above warnings form a substantial and integral part of the above general licence conditions.
9.9 If Sicurnet scrl declares that the support containing the teaching material complies with specific laws or regulations, such compliance, without wishing to grant different or broader guarantees than those set out in art. 3, must be deemed to have existed from the date on which the product was placed on the market.
9.10 Since amendments to laws or regulations are always possible, as are changes in the interpretation of standards, and since, moreover, any amendments and changes would render the medium in the user's possession no longer compliant with such regulatory provisions, the user undertakes from time to time to ascertain whether the use he intends to make of the medium complies with the relevant regulations, refraining from using it if he is in any doubt as to whether it complies with the law for the use he intends to make of it.
10. PROVISION AND PROCESSING OF PERSONAL DATA
10.1 Personal data are collected for the purpose of registering the customer and activating the procedures for the execution of this contract and the necessary communications. This data is processed electronically in compliance with the laws in force and may only be produced at the request of the judicial authorities or other authorities authorised by law.
10.2 This personal data may be communicated to the partners of the http://sicurnet.dyndevicelcms.com website for the provision of training activities purchased by customers. All the data of the data subject shall be processed in compliance with law 196/2003, as expressly explained in the Privacy Policy document on the site http://sicurnet.dyndevicelcms.com, which, moreover, the customer will have already viewed and accepted as a mandatory step in the purchase.
11. CAUSES OF FORCE MAJEURE
11. 1 Under no circumstances may Sicurnet scrl be held liable to the customer or to third parties for delays or failure to fulfil its obligations due to unforeseeable circumstances or force majeure such as, by way of example but not limited to, actions by public authorities, floods, fires, thefts, explosions, accidents, strikes, and lockouts, including non-company lockouts, acts of war, embargoes impossibility of transport, telecommunication suspensions or problems, lightning, plant failures not attributable to MIM, interruptions or overloading of energy flows, failures or interruptions of telephone lines attributable to the activity of the operator (or concessionaire) of the lines themselves, as well as interruptions or suspensions not attributable to or in any case independent of the will of MIM or deriving from third parties.
12. JURISDICTION AND COMPETENT FORUM
12.1 Any dispute relating to the application, execution, interpretation and breach of the purchase contract stipulated either on-line via the website, or through the order sent directly by the customer to Sicurnet scrl, or through the quote sent to the customer by Sicurnet scrl, or through the paper catalogue form, or through telephone orders, is subject to Italian jurisdiction. The Forum of Milan shall have exclusive jurisdiction over any dispute between the parties in relation to this contract.