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SELLER INFORMATION

SAVIX srlu Contrada Popoleto 14B 70011 | Alberobello (BA) | Italia [email protected] | www.savix.com P.IVA/VAT: IT05948750723
General Terms and Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE

Contractual Definitions
 
Customer” or “Buyer”: either a Consumer or a Professional, depending on the case;
Consumer”: any natural person who places an Order for purposes other than business, commercial, artisanal, or professional activity;
Professional/s”: any natural person or legal entity who places an Order within the scope of their business, commercial, artisanal, or professional activity;
Professional sellers” or “Sellers”: any natural person or legal entity who professionally exercises an organised business that uses contracts for the sale of goods;
"Consumer Code": Legislative Decree no. 206 of September 6, 2005 as amended;
 
T&Cs” or “General Terms and Conditions of Use”: refer to the terms and conditions of the access mode and usage the Platform and its services;
 
“General Terms and Conditions of Sale or Sale T&Cs”: refer to the terms and conditions of sale of the Products offered by the Seller. They are accessible in the Seller Factsheet and govern the Orders made by the Buyers with the Sellers;
 
“Product Factsheet”: refers to the descriptive factsheet for each Product sold on the Platform comprising photographs, text, illustrations, images, and/or videos submitted by each Seller to Minitools for the description of the Products that it sells.

 

1. Subject
 
Through these General Conditions of Sale, SAVIX srlu, with registered office at the address Contrada Popoleto n. 14/B, Alberobello, 70011, Italy, listed with the Bari Company Registry under no. 05948750723, tax number and VAT number IT05948750723, sells as Professional Seller and the Customer purchases the Products on the Platform store.minitools.com, in compliance with the General Terms and Conditions of Use of the Platform. 
 The Sales Contract concluded on the Platform 
store.minitools.com is considered to be concluded through the Platform, following creation of a Purchase Order according to the procedure it provides, and is created without the simultaneous physical presence of the Seller and the Buyer.
 Therefore, all Contracts are concluded through the Buyers’ access to the Platform indicated. By confirming the Order, the Customer acknowledges that they have examined and accepted without reservation these Conditions and the General Terms and Conditions of Use.
 It is reminded that in accordance with the Art. 4 of the T&Cs, clicking on the "Place Order" button after completing the procedure started in compliance with the T&Cs, the Customer sends the Order to SAVIX srlu. Any Order sent in this manner must be considered, for all purposes, a contractual offer from the Customer pursuant to Art. 1326 of the Italian Civil Code.
 In addition, in accordance with Art.4 of the T&Cs the Order will be considered accepted and the Contract thus concluded when the Customer receives a shipping confirmation e-mail at their email address, containing the Order number which must be used in all subsequent correspondence.

2. Prices and Shipping Expenses
 
The sales prices displayed on the Website do not include VAT. If the Products are to be shipped to a country other than Italy, the Customer shall be responsible for additional taxes, duties, and levies applicable in that country. SAVIX srlu reserves the right to at any time change the prices of Products which appear on the Platform. Nevertheless, no price changes shall be effective for Customers who have already sent in their Order. Shipping costs are indicated and calculated during the Order placement process, before payment is made.

3. Payment and Delivery Procedures
 
Payments from customers must be made only through one of the methods the Platform offers when finalising the purchase Order process. In accordance with Art. 5.1 of the T&Cs the only payment method handled directly by SAVIX srlu as a Professional Seller is the “Cash on Delivery”.
 Products purchased will be delivered by Carriers indicated by SAVIX srlu and accepted by the customers to the address indicated in the Order, as indicated in the email confirming receipt of the Order. 
 SAVIX srlu reserves the right to refuse or not to execute:
 - Orders for delivery of Products outside Italy;
 - Orders in which delivery of the Products is to a different country than the one indicated in the invoice and/or to a country other than the place from which payment for the Products was made.

4. Failure to Pick Up the Product
 
Products are sent by SAVIX srlu to the address indicated by the Buyer at the time of the Order, unless the Customer indicates otherwise, SAVIX srlu will send the purchased Product to the address the Customer provided at the time of registration, in accordance with art. 6.2 of the T&Cs.
 If the Product is returned to SAVIX srlu because it was impossible to deliver to the address the Customer indicated, SAVIX srlu will attempt to contact the Customer to request an alternative delivery address.
 If SAVIX srlu is unable to deliver for 7 (seven) days after the first delivery attempt, it may, at its complete discretion, decide whether to demand payment or to consider the Product its own property, with compensation for damages incurred.
 SAVIX srlu may assert its legal rights and any other legitimate right to sums not paid by the Customer. SAVIX srlu will apply a storage cost of €2,00 (two euros) for each day of storage and €5,00 (five euros) for the new delivery attempt.

5. Right of Withdrawal
 
Non-Professional / Private Consumer have 14 days to rescind a Contract concluded online. The withdrawal period runs from the day on which the Customer or a third party (other than the carrier) designated by the Customer, acquires physical possession of the Product.
 The right of withdrawal shall be considered asserted when a Consumer Customer informs the Seller of their decision to rescind the Contract concluded, through an express declaration sent to the following address: SAVIX srlu, Via Nino Rota, Trav. 1a n.c., 70011, Alberobello (BA), Italy, via registered letter with advice of receipt or other appropriate means of transmission that provides the proof and date of receipt. The communication must be within the rescission period and may be through any express declaration.
 If the withdrawal is proper, the Consumer Customer will be refunded for all payments made to the Seller, including delivery costs (except for supplementary costs due to the Customer’s selection of a type of delivery other than the least expensive standard delivery offered by the Seller). The refund will be made by MINITOOLS srl, in accordance with art. 7 of T&Cs, except for “Cash on delivery” payments, which will be refunded directly by SAVIX srlu through “Bank Transfer”, unless agreed otherwise, without delay, no more than 14 days after the day the Seller receives the Products subject to the rescission, provided that the prior communication by the Customer of the data necessary to make the refund through “Bank Transfer” has been made. SAVIX srlu shall have the right to withhold the refund until it receives the goods or the Consumer Customer shows that the goods have been returned, whichever comes first.
 In case of withdrawal, the Customer must, without undue delay and within 14 days after notice of rescission of the Contract, return the Products to the address indicated by SAVIX srlu. The term shall be considered met only if the Consumer Customer returns the Products within the 14-day period.
 The notice of withdrawal must include the Consumer’s complete information (personal details and address), the goods and services purchased, the Order number and date, the date of rescission, and, if in paper form, the signature of the rescinding Consumer.
 The Consumer must return the purchased Products to SAVIX srlu through direct delivery or shipment, using the carrier of its choice at its own expense, within 14 (fourteen) days after the date of authorization. The Products must be appropriately wrapped in their original packaging (if present), with all eventual accessories. The Products must be sent to the address indicated by SAVIX srlu.
 If the right of withdrawal is exercised in a timely and legitimate fashion, following the established procedures and time frames, the Consumer shall have the right to a refund of all payments made to SAVIX srlu.
 The direct costs of returning the goods shall be borne by the Customer.
 The Consumer Customer shall be responsible for any decrease in value of the Products if they are handled in any way other than what is necessary to establish the nature, characteristics, and functioning of the products.  
 Contracts concluded with Professional Customers and Businesses may not be rescinded, and therefore the preceding paragraphs do not apply to such.
 There is also no right of rescission:
 - pursuant to Article 47, paragraph 2, of the Consumer Code, the provisions relating inter alia to the right of withdrawal shall not apply to off-premises contracts for which the total sum of all the fees that the consumer must pay to the seller does not exceed € 50 (so-called small contracts);
 - for any purchases which are delivered to a point of sale; 
 - for audiovisual or computer software products, sound cards, or MIDI controllers, where the package includes software with LE-type license keys, which have been opened or activated by the Consumer;
 - in all cases provided by Art. 59 of the Italian Consumer Code.

6. Warranty Right
 
SAVIX srlu undertakes to deliver Products to the Customer that conform to the Sales Contract.
 All Products purchased by Consumer Customers through the Platform come with a legal warranty of conformity pursuant to the Italian Consumer Code and the Italian Civil Code as applicable, subject to legislative amendments, while Professional Customers will receive a warranty against defects pursuant to articles 1490 and 2226 et seq. of the Italian Civil Code, which expires one year after the Product is delivered.
 Consumer Customers will receive the legal warranty of conformity provided by articles 128 et seq. of the Italian Consumer Code, which expires two years after the product is delivered.
 For Professional Customers, the warranty must be asserted within eight days after the defect is discovered, while for Consumer Customers must report defects in conformity to the Seller indicating any faults and defects found. The legal warranty does not cover any fault or damage caused by accidents or by consumer responsibility including but not limited to abuse, improper usage, any cosmetic damage including but not limited to scratches, dents, cracks or other cosmetic damage, and to normal wear and tear or otherwise due to the normal aging of the product, which are not considered defects in conformity.
 SAVIX srlu is not responsible for a defect in conformity that arises from improper installation of the item, as installation is not included in the Sales Contract and is not performed under its responsibility.
 SAVIX srlu is not responsible for improper installation by Customers, as the items sold are not designed to be installed by Consumers.
 There is no defect in conformity if, at the time the Contract was concluded, the Customer was aware of the defect or should have been aware of it through ordinary diligence, or if the defect in conformity is the result of instructions or materials provided by the Customer.
 Examples of cases where the warranty will not be recognized include but are not limited to the following: - Tampering with the Product; - Improper installation of the Product; - Unauthorized opening of the Product; - Malfunctioning due to causes unrelated to the Product; - Customer’s failure to maintain the Product; - Expiration of the warranty.
 The Customer must send SAVIX srlu a warranty request through the Platform 
store.minitools.com. In order to activate the warranty, the request must indicate the Order number, the invoice number, and any warranty codes on the Products.

7. Security
 
The Customer is responsible for the truthfulness of the information and personal data provided at the time of registration. The Registered Customer must immediately inform SAVIX srlu of any change in information and personal data provided at the time of registration, or if possible, directly update them so that this information and personal data are always current, complete, and truthful. If information or personal data have been provided which are false, inaccurate, or incomplete, or if SAVIX srlu has good reason to believe this is so, it shall have the right to prevent the refuse the Order and communicate the Platform its reasons in order to prevent the Customer to use the Platform in accordance with Art 3.3 of the T&Cs.

8. Use of the Product factsheets on the Platform
 The Products and services made available or purchased through the Platform are provided exclusively for the Customer’s personal use. The Customer may not resell or attempt to resell Products and services made available or purchased through the Website to any third parties, nor utilize the Platform in order to engage in business activities or for professional or commercial purposes, including advertising, promotion, sale, or any other form of marketing the Products and services made available through the Platform, without the prior written consent of SAVIX srlu.
 The Customer may not copy, modify, transmit and distribute to outside parties, show in public, download, print, or publish any part of the Product factsheets published on the Platform for commercial purposes. The Product factsheets may be used exclusively for the Customer’s personal purposes in accordance with this Contract.
 The Customer may not exploit or utilize the Website or any content in a manner than causes harm to SAVIX srlu or third parties. In particular, the Customer must refrain from using the Product factsheets or its contents to engage in activities in competition, or in a way that causes damage to or jeopardizes the interest, including economic interest, or the image of SAVIX srlu, other Customers, or third parties.
The Customer must hold SAVIX srlu harmless from any claims or legal action initiated or threatened against SAVIX srlu by third parties as a result of the fact that the Product factsheets are utilized by the Customer in violation of this article or in violation of any other provision of this Contract. 

9. Intellectual Property Rights
 The contents of the Product factsheets, such as works, images, photographs, music, sounds and videos, documents, drawings, figures, logos, and any other material, in any format, published on the Product factsheet, are protected by copyright and any other intellectual property right of SAVIX srlu or its licensees. It is expressly prohibited to copy, modify, or create works derived from and/or based on the Product factsheet or to reproduce any portion of its content and data, in any form, without the express written consent of SAVIX srlu.
 SAVIX srl has the exclusive right to authorize or prohibit the direct or indirect, temporary or permanent reproduction of any part of the Product factsheets and its contents, in any manner or form. With regard to use of the Product factsheets, the User and/or the Customer is authorized solely to view the Product factsheets and its contents. The User and/or Customer is also authorized to make any temporary reproductions, of no economic importance, that are considered transitory or accessory and are an integral and essential part of said viewing of the Product Factsheets on 
store.minitools.com and its contents, and any other navigation of the Platform solely for the legitimate use of store.minitools.com and its contents, in accordance with art. 10 of the Platform T&Cs.
 The User and/or Customer are expressly prohibited from downloading, copying, reproducing, duplicating, or utilizing or disseminating any trademark, trade name, logo, ideogram, or other distinctive mark related to SAVIX srlu or the relative Products on the Platform.

10. Protection of Personal Data 
 
The disclosure provided pursuant to Regulation (EU) 2016/679 and its subsequent amendments and additions, should be considered an integral part of this Contract.

10.1 General Information
 
Pursuant to art. 13 of Regulation (EU) 2016/679 (hereinafter the “Regulation”), SAVIX srlu hereby provides, information about how your personal data may be processed when placing orders through the Platform. The term “personal data” has the meaning provided by the data protection legislation and refers to any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier. “Data protection law” means the EU Regulation n. 2016/679 as amended, including the Recitals, the applicable national law, including the decisions issued by the Data Protection Authority, and codes of conduct, if applicable. The terms “processing”, “data controller”, “data processor”, “joint data controllers”, “personal data” (including “special categories of personal data”), “data subjects”, “third parties”, “recipients”, “third countries”, “breach of personal data” and “supervisory authorities” are used according to the definition and meaning provided by the data protection legislation, to which reference is made.

10.2 Collection and procession of personal data
 
The personal data you provide in the context of the process relating to the transaction and, in case, the personal data you provide as a registered user of the Platform (jointly referred to as the “Purchasing Data”), will be processed by SAVIX srlu, first as data processor then as data controller, in order to:
 a)      process the purchase order and deliver the products you have purchased;
 b)      verify that the information provided for the purposes of the transaction are complete, valid, correct and non-fraudulent;
 c)       manage the contractual relationship with customers and provide after-sales services, as well as to provide technical assistance to users and clients in order to make a purchase order and/or after a purchase order is made;
 d)      comply with the legal obligations set forth by tax and accounting legislation, or any other legislation that SAVIX srlu is required to comply with as Seller.
 For the purposes indicated under points a) and c), the processing of data is necessary to perform the contract, to which you are a party, with the Company (pursuant to article 6 paragraph 1 b) of the Regulation). The purpose indicated under point d) is necessary to fulfil any legal obligations of the data controller (as set forth by article 6 paragraph 1 c) of the Regulation); As regards the purpose set forth by point b), pursuant to recital 47 of the Regulation, your data will be processed in the legitimate interest of SAVIX to ascertain the security of the payments received.
 You are required to provide your Purchasing Data in order to execute the purchase contract between you and SAVIX srlu. Should you refuse to provide your Purchasing Data, you will be unable to finalise the purchase of the products on the e-commerce platform of the Website.
 Please ensure that your personal data are correct; in the case of changes to the personal data you have provided, please contact the Company at your earliest convenience.
 Your Purchasing Data will be retained by SAVIX srlu only as long as necessary to deliver the products you have purchased, comply with any requests made by you pursuant to the Consumer Code, to comply with tax and civil law obligations and for the period set forth by Italian law in order to protect our interests (article 2946 of the Italian Civil Code).
 After identifying yourself, you have the right to ask SAVIX srlu to access your Purchasing Data, and to amend or delete the same, provided that the relevant conditions are met. You also have the right to ask SAVIX for a copy of your Purchasing Data and to limit the processing of your Purchasing Data, provided that the relevant conditions are met.
In order to exercise the above rights or request further information about how we process your Purchasing Data, you may contact us sending an e-mail at [email protected].
 You may, in any case, file a claim with the competent supervisory authority, or the Authority for the Protection of Personal Data, if you believe your personal data have been processed illegally.

10.3 Disclosure of data
 
Your personal data will be processed by the duly authorised and appointed employees and collaborators of SAVIX srlu. Your personal data may be processed by companies appointed by SAVIX srlu, who carry out technical and organisational tasks on behalf of the same. These companies are direct collaborators of SAVIX srlu and are appointed as data processors, in accordance with art. 28 of the Regulations, and guarantee to implement appropriate measures to ensure that the processing of your personal data complies with the Regulations and protects the rights of the data subject. As part of the data processing carried out through the Platform, the personal data collected may also be shared with the following categories of recipients:
 -         companies that provide shipping/delivery services for the products;
 -         companies providing services connected with the required services;
 The data collected may also be processed by third parties, as independent data controllers, such as:
 -         persons, companies, associations or professional firms that provide assistance and advisory services (lawyers, accountants, auditors). 
The complete list of recipients is constantly updated and may be requested by sending an e-mail to [email protected].
 Your personal data will not be disseminated for any reason whatsoever.

10.4 Your Rights
 
You may exercise the rights set forth by the data protection law at any time.
 In particular, if applicable, you may:
 -         request and receive confirmation that we hold your personal data and access the content thereof (right of access);
 -         update, amend and/or correct your personal data (right of rectification);
 -         request that your personal data be deleted, anonymised, or a block of any data processed in breach of the law or limit the processing thereof;
 -         object to the processing of your data, for legitimate reasons, if such objections are based on art. 6 (1) (f) of the Regulations;
 -         object to the processing of your personal data for advertising and marketing purposes, or for market surveys or to forward promotional messages;
 -         withdraw your consent -when given- at any time, without prejudice to the legality of any processing based on your consent prior to such withdrawal;
 -         receive a copy of the personal data you provided and request that such personal data be transmitted to another data controller.
In order to exercise your rights, please send an e-mail to [email protected].
 You in any case have the right to file a claim with the competent supervisory authority, or the Data Protection Authority, if you believe your personal data have been processed illegally.

10.5 Data Controller
 
The Data Controller is SAVIX srlu, having registered headquarters at 14B, C.da Popoleto, Alberobello (BA), 70011, in the person of its company representative pro tempore.

11. Changes and Partial Invalidity
 
SAVIX srlu reserves the right and exclusive discretion to make, at any time, all changes, additions, and/or updates it deems necessary and/or simply appropriate, to the Product factsheets and to the contents, and/or other material therein contained and/or available (including these General Terms and Conditions of Sale). For purposes of clarity, none of the changes and/or updates described above will be effective for Contracts already signed with Customers before said change or update was made.
 If a provision of this Contract is declared null, invalid, or ineffective in whole or part by any competent court, regulatory authority, or administrative authority, the remaining provisions of this Contract shall not be affected.

12. Jurisdiction
 
These Sale T&Cs of the Platform are governed by Italian law. In case of a dispute, solely the Italian version of this Contract shall be legally binding as the original text. In case of a dispute with a Professional Customer, the courts of Bari shall have jurisdiction.
 In compliance with the applicable legislation, the Consumer may bring an action in the jurisdiction of the place where he or she resides at the time the contract is concluded or the damage occurs, in addition to the competent territorial jurisdiction pursuant to the Italian Civil Code. The European Commission provides consumers with an online dispute resolution platform to resolve disputes amicably. Consumers can lodge a complaint at the following link: 
http://ec.europa.eu/consumers/odr/.

Ver.1.0 of 04/07/2024

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