You have no items in your shopping cart.
General Terms and Conditions of Use
Contractual Definitions
“Customer” or “Purchaser”: 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”: 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;
PREAMBLE
The company Minitools srl (hereinafter “Minitools”) operates a website (hereinafter “the Platform”) which enables consumers and professionals (hereinafter “the Buyers”) to be put in contact with Professional sellers (hereinafter “the Sellers”) for the purchase of goods on the website (hereinafter “the Products”). This Platform is accessible to all Buyers at the URL store.minitools.com.
Buyers are informed and acknowledge that the Platform is not reserved for use by consumers within the meaning of the Italian Consumer Code, that is any individual acting for purposes that are outside that individual's trade, business, craft or profession.
It should be noted that Minitools acts as an intermediary and is in no way a reseller of the Products offered by the Sellers on the Platform. Products are shipped and delivered to the Buyers by the Sellers under their sole responsibility.
ARTICLE 1 - ACCEPTANCE AND AMENDMENT OF THE
GENERAL TERMS AND CONDITIONS OF USE
The aim of the General Terms and Conditions of Use of the Platform (hereinafter the “T&Cs” or
“General Terms and Conditions of Use”) is to define the conditions for accessing and using the Platform and its Services.
Any use of the Platform and the Services involves the prior express unreserved acceptance of the T&Cs by the User. The User is informed of and acknowledges when creating his or her Account that by ticking the checkbox on “I accept the terms and conditions of use” and clicking on “Send” button, he or she is bound by all of the provisions of the T&Cs.
Minitools retains the right to terminate or suspend access to the Platform at any time, unilaterally and without prior notice, to any User failing to comply with these T&Cs.
The User is informed that the T&Cs of the Platform may be amended at any time unilaterally by Minitools primarily in order to comply with any developments of its Services or any legal, judicial, editorial and/or technical developments. Minitools shall use its best commercial endeavours to inform the User of the amendments made to the Services and/or to the T&Cs via e-mail or via a special notice displayed on the Platform.
The T&Cs that are applicable to every Order made on the Platform are those accessible online
at the time the Order during the purchase procedure in the “checkout”. The User is reminded that it is the User’s responsibility to consult the latest version of the T&Cs accessible on the footer of the Platform before all new Orders.
ARTICLE 2 – DEFINITIONS
“Account”: refers to the Buyer’s personal area in which he or she can access his or her personal information, purchase history and the lists of the Products which he or she has set aside after having logged in.
“Cart”: refers to the place where the User puts Products with a view to ordering them.
“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.
“User Credentials”: refers to the e-mail address and password chosen by the User to identify him or her and allow the User to access the Services of Minitools.
“Order”: refers to any purchase of a Product by a Buyer from one or more Sellers via the Platform.
“Partner”: refers to any legal entity with which Minitools has concluded a partnership.
“Price”: refers to the total price of the Product, payable by the Buyer, but excluding the VAT and shipping costs, defined on a flat-rate basis according to the shipping method.
“Seller Factsheet”: refers to the factsheet summarising all of the information related to the Seller on which its General Terms and Conditions of Sale are primarily accessible to the Users on the Platform.
“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.
“Services”: refers to all the functionalities made available to Users by Minitools and available on the Platform.
“User”: refers to any person who uses the Platform or its Services.
ARTICLE 3 – TERMS AND CONDITIONS OF ACCESS TO
THE PLATFORM
3.1. General information
The Platform is accessible free of charge to any User at the address www.minitools.com. The User must have access to the internet. The User is responsible for the software and equipment required for the Platform Services to work and be used, or access to the internet. The User is solely responsible for the proper functioning of his or her IT equipment and his or her access to the internet. The purchase of products from the Sellers is subject to payment in compliance with the “Financial provisions” article of these T&Cs of the Platform. Any User can access, consult or use all or parts of the Platform. Any User can also subscribe to the newsletter of Minitools.
Buyers therefore acknowledge that by placing an Order on the Platform, they are treated as "consumers" and are subject to the provisions of the Italian Consumer Code, or “professionals”, based on which type of account has been created when registering to the platform.
3.2. Creation of a Account
To be able to buy Products on the Platform, the User must create an Account, which enables him or her to:
— manage his or her personal information (postal address, e-mail address, password);
— make an Order for Products on the Platform;
— obtain the detail of his or her Order;
— contact Minitools’ customer services;
— contact the Sellers with which an Order has been made through the e-mail address shown on the page Seller Information.
The User can create an Account by clicking on “Create an account” in the “Account” section. To create his or her Account, the User must provide (i) a valid e-mail address and (ii) a password that does not violate third-party rights. The User undertakes to keep his or her password confidential. In addition, all fields marked as mandatory must be filled out.
3.3. Refusal of access to the Platform
When the User creates his or her Account, he or she undertakes with full responsibility, control and direction to enter data which enables his or her identification and undertakes to communicate complete, accurate and up-to-date information and to not usurp the identity of a third party.
The User also undertakes to:
— provide authentic, accurate and complete information with respect to his or her identity, address and other data required for access to the Platform, in a way as to not mislead Minitools or the Sellers or any third party;
— update any change concerning this information;
— not access an Account belonging to another User;
— take all the necessary measures to protect his or her User Credentials as well as his or her own data from any attacks.
Minitools reserves the right to suspend or refuse access, without notice or compensation, temporarily or definitively, to all or part of the Platform and/or to its Services and content in case of serious and/or repeated violation(s) by the User of the provisions of these T&Cs, in particular, and not limited to, in case of providing false, inaccurate, incomplete or outdated information, or in case of payment fraud, attempted fraud or any other criminal offence.
3.4. Availability of the Platform
Minitools shall use its best commercial endeavours to ensure the availability of the Platform. Minitools does not guarantee that the Platform works in every operating environment and that it is available all the time with no disruptions or errors, nor that all of the errors can be corrected. The availability of the Platform is subject to a simple obligation of means.
As the Platform is constantly developing, it is subject to one-off changes and/or temporary or permanent disruptions without notice, in particular for maintenance reasons. Minitools shall not under any circumstances be liable in the case that the Platform is unavailable due to these changes. In this context, Minitools reserves the right to interrupt, momentarily suspend or amend without notice access to all or part of the Platform in order to ensure maintenance or for any other reasons without the disruption conferring a right to any obligation or compensation.
ARTICLE 4 - ORDER PROCESS
The Order process on the Platform follows the following steps:
— To order a Product, the User must select the desired Product and click on the “Add to Cart” tab.
The User can add other Products by clicking on the “Continue shopping” or finalise his or her Order by clicking on the “Go the Cart” tab.
At this stage, the User has a summary of his or her cart. He or she can then edit or update his or her cart.
— To continue his or her Order, the User must click on the “Proceed to checkout” button.
— If he or she has an Account, the User must then enter his or her e-mail address and password to log in to his or her Account. If he or she does not have an Account, the User must create an Account as described in Article 3.2 of the T&Cs.
— The User must then check the billing information.
— The User must then enter his or her information relating to the delivery: recipient, delivery address and telephone number.
— The User must then select a delivery method if available and confirm by clicking on “Continue”.
— Lastly, the User must select a payment method from those available at the time of the Order.
At this stage, the User can check and edit his or her Order again.
— To finalise his or her Order, the User must then select his or her payment method and proceed with the payment.
By clicking on the “Place order” tab, the User expressly and unreservedly accepts these T&Cs of the Platform and the General Terms and Conditions of Sale of the Seller who is selling the purchased Product. The General Terms and Conditions of Sale of the Sellers are available on each Seller Factsheet.
— When the payment of his or her Order is validated, the Buyer will receive an e-mail confirming the reception of the purchase proposal.
— Reception of the Order does not constitute acceptance of the Customer’s offer to purchase and serves solely to confirm that the Order was received and that the process of verifying data and the availability of the Products requested is underway. By presenting the Products on the platform, Minitools only invites the User to make the Seller an offer to purchase. This invitation to make an offer is not binding on either Minitools or the Seller, and in particular, it is not an offer to the public pursuant to Art. 1336 of the Italian Civil Code, as both Minitools and the Seller has full discretion to decide whether or not to accept any offers.
— The seller shall have the power to accept or decline Orders received. If an Order is declined, the Customer may not assert any rights or claims against Minitools and the Seller for any reason. 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 with the Seller and Minitools.
ARTICLE 5 - FINANCIAL TERMS
5.1. Sale price and terms of payment
The sale prices of the Products on the Platform are indicated in Euros, taxes and shipping costs excluded, which will be indicated to the User during the purchase process before finally placing his or her Order.
The Buyer acknowledges that the Seller in its entire discretion determines the Prices of the Products advertised on the Platform. In addition, in the event of price reductions, the Seller solely determines the relevant reference price, the reduction in Price and the published reduced Price. The User acknowledges and agrees that Minitools does not have any control whatsoever on the reference price determined by the Seller. The Buyer proceeds to payment for his or her Orders directly from Minitools, according to the payment terms available on the Platform. The payment of the Orders placed via the Platform is made to Minitools or to payment service providers which collect the funds on behalf of the Seller. The only payment which is not handled by Minitools is the “Cash on delivery”, which get collected directly from the buyer with whom the sale contract was concluded.
Any Order coming from a Buyer who has not fully or partially paid a previous Order or with which a payment dispute is in progress may be refused.
5.2. Billing
For each Product sale, the Buyer may access his or her invoice which will be either:
— included in the delivery package only for extra-Eu sales or
— sent by e-mail after the Order has shipped.
In the event of delivery outside of Italy, the Order may be subject to customs duties and possible taxes, for which Minitools and Seller will be not responsible.
5.3. Terms of refunding the Buyer
Minitools uses the same payment method as the one that the Buyer used when placing his
or her Order to refund the Buyer, irrespective of the reason for refunding the Order, except for the “Cash on delivery” payment, which will be handled by the Seller in accordance with the Seller General Terms and Conditions of Sale available on each Seller factsheet.
ARTICLE 6 - DELIVERY OF THE PRODUCTS BY THE
SELLERS
6.1. Delivery costs
The delivery costs which the Buyer should pay will be communicated in the Order process in the “Order Review” stage.
6.2. Terms of delivery
The Buyer is informed that products may only be delivered if:
— the Seller offers delivery in the country selected as destination;
— the Buyer has a delivery address valid in the country selected.
The Products are delivered by the Seller to the address indicated by the Buyer when he or she places his or her Order and unless otherwise indicated by the Customer, the Seller deliver The Product to the address provided by the Customer at the time of registration.
The Buyer selects and validates the delivery method in his or her Order in the “Shipping Method” step. The Buyer may choose between the different delivery methods offered by the Buyer (by carrier, by post or by another delivery method) and their respective prices or accept the only method proposed. The Buyer can follow the status of his or her Order in his or her Account.
6.3. Receipt of the Products
The Buyer must check the condition of the Products upon receipt in order to be able to
confirm their compliance with the Order. In the event of non-conformity or apparent deterioration of the package, when the package is hand-delivered to the Buyer and when it is possible to check the Product at the time of delivery, the Buyer must immediately make a complaint to the carrier about the condition of the package and the Product, if the Product or its packaging has been damaged during transport. It’s essential that any anomaly is accurately noted on the delivery receipt.
6.4. Delivery delay/absence
In the event of delay or full or partial non-receipt of the Product(s) ordered, the Buyer is invited to contact the Seller from the delivery date agreed in order to solve the problem. The Buyer can contact the Seller. In the event of no response or an unsatisfactory response from the Seller within ten (10) working days, the Buyer can ask Minitools to take action to resolve the issue.
6.5. Product returned to the Seller
If a Product is returned to the Seller because the delivery to the address indicated by the Customer was not successful, the Seller will try to get in touch with the Customer in order to get an alternative delivery address.
After 7 (seven) days have elapsed from the first attempt of delivery without result, the Buyer shall decide, at its sole discretion, whether to act for payment of the claim or to retain the Product, as compensation for the damage suffered.
The Seller reserves the right to enforce its legal rights and any other legitimate rights in respect of amounts not paid by the Customer and shall charge a storage fee of €2.00 (two Euros) for each day of storage and €5.00 (five Euros) for the new delivery attempt.
6.6. Liability of the Seller and Transfer of Risk
The Seller is fully liable with respect to the Buyers for the fulfilment of the Orders placed via
the Platform, except in the event of an error attributable to Minitools when communicating Order information to the Seller.
The Seller is not responsible for late delivery or non-delivery for reasons of force majeure, for example strikes, orders from the public authorities, fires, floods, or damage to machinery not attributable to the Seller. In any case, the Seller will promptly advise the Customer when situations of force majeure arise and when they no longer exist. If a situation of force majeure persists for more than 30 (thirty) days, either party may rescind the Contract. In case of rescission pursuant to this section, the Customer may not claim any indemnification or compensation, but shall have the right to be reimbursed for any sums already paid for the Products ordered, within 30 (thirty) days after said Order.
If the purchase is made by someone other than a Consumer Customer, the risk of accidental loss of the article shall transfer to the Customer upon delivery of the Product from the Seller to the first carrier. Pursuant to Art. 63 of the Italian Consumer Code, the Customer must immediately report any damage to Product wrapping/packaging by making a written note on the delivery receipt stating that the Products are subject to inspection, as stated at the point 6.3. It is agreed that if the delivery receipt is signed without any dispute, the Customer may not raise any objections regarding the exterior characteristics of what was delivered.
If the Consumer Customer selects a carrier that was not one of the ones offered during the purchasing phase, the risk of damage and loss of the Products is transferred to the Customer upon delivery to the carrier, and no objections may be raised regarding the exterior characteristics of what was delivered. In this case, the Customer must report any objections directly to the carrier.
When the Seller is considered liable for any damage or claim for compensation arising from the Product delivered, including any idle time and transport, this liability may not exceed the price paid for the purchase. In addition, the Seller shall not be liable if proof is provided that the merchandise loss or damage was due to the intentional conduct or gross negligence of the carrier or its employees and representatives, or of any other party they used for transport purposes, when these parties acted within their official capacities.
ARTICLE 7 - RIGHT OF WITHDRAWAL
In compliance with the Italian Consumer Code, the Buyer has a period of fourteen (14) calendar
Days from the day of the delivery of the Product to exercise his or her right of withdrawal without having to justify reasons or pay penalties, with the exception of the costs of returning the Product for which he or she is liable. The conditions for exercising this right of withdrawal are detailed in the Sale T&Cs of each Seller.
Each refund will be made via the intermediary of Minitools in agreement with the Seller, except for “Cash on delivery” payments which will be refunded directly by the Seller in the manner and within the timeframe indicated in the Sale T&Cs of each Seller.
ARTICLE 8 – NON-COMPLIANT, INCOMPLETE OR
DEFECTIVE PRODUCTS
8.1. Receipt of a non-compliant, incomplete or defective Product
In the event of receipt of a deteriorated, defective, incomplete or non-compliant parcel, the Buyer is invited to contact the Seller in order to solve the problem. The Buyer can contact the Seller through the information available on the Platform. In the event of no response or an unsatisfactory response from the Seller within ten (10) working days, the Buyer can ask Mintools to take action to resolve the issue.
8.2. Legal guarantees
The Seller acting in a professional capacity undertakes to comply with the legal and regulatory provisions relating to online and distance selling.
In this regard, and with the exception of the conventional guarantee offered, the Seller is bound by the legal warranties of conformity provided for in Articles 129 and 130 of the Italian Consumer Code in conjunction with the warranty for defects in the thing sold governed by Articles 1490 to 1492 of the Italian Civil Code. The terms and conditions for exercising these legal guarantees are detailed under the Sale T&Cs of the Seller.
Each refund, irrespective of the reason, will be made via the intermediary of Minitools which will have the right to refuse it in agreement with the Seller, except for “Cash on delivery” payments which are handled directly by Seller. Minitools cannot be involved in the guarantees assumed by the Sellers in any way.
ARTICLE 9 – NEWSLETTER
Any User who does not have an Account and wishes to receive the Minitools newsletter must subscribe entering his or her e-amil address in the corresponding field on the website homepage. The registered User can subscribe to the newsletter in “Sign up to our newsletter” section of the Account.
ARTICLE 10 – INTELLECTUAL PROPERTY
10.1. Content of the Platform
Any use, reproduction, copy, distribution of one or more elements of the Platform for anything other than private use is banned. All of the content and Services of the Platform, including to an unlimited extent, the domain name, text, artwork, graphics, photographs, illustrations, sounds, images, audio and video, but also the structure, site map, design and organisation of its sections, their headings, existing or upcoming, is protected by intellectual property and/or commercial rights, held, claimed, or licensed by Minitools, with the authorisation of the holders of these rights, and if necessary, of the Sellers and/or its Partners.
Minitools grants all Users a non-exclusive, personal and non-transferable right to use the Platform and the Services for their personal use. This right is granted for the length of time the Platform is used. This granting of rights does not constitute the transfer of any intellectual property and/or commercial right to the User.
Consequently, all Users are banned from reproducing in any format, directly or indirectly, the elements referred to in the previous paragraphs, as well as altering brands, patents, names, abbreviations, logos, colours, graphics or other trademarks featuring on the elements provided by Minitools and more generally use or exploit these elements.
10.2. Databases
Minitools is the producer and owner of all or part of the databases, their structure and their content comprising the Platform subject to the respective rights held by the Sellers and/or its Partners. By accessing the Platform, the User acknowledges that the data comprising it is legally protected, and, that he or she is banned from extracting, reusing, storing, reproducing, representing or preserving, directly or indirectly, in any medium, by any method and in any format, all or partially qualitatively or quantitatively substantial, of the content of the databases featuring on the Platform to which he or she has access, as well as repeatedly and systematically extracting or reusing qualitatively and quantitatively non-substantial parts if these operations manifestly exceed the conditions of normal use.
10.3. Trademarks
Minitools primarily holds the copyrights to the term “Minitools” and the associated logo(s). Any use of the trademark “Minitools” and any other trademarks, figurative or not, belonging to Minitools or to third parties without prior express consent exposes the User to criminal and/or civil proceedings.
10.4. Content of the Product Factsheets
The content of the Product Factsheets, primarily including all photographs, text, illustrations,
images and/or videos describing the Products sold on the Platform, are put online by the Sellers at their sole responsibility. Consequently, Minitools shall not be held liable in the case where the content of the Product Factsheets provided by the Sellers infringe the rights of third parties. In the event of proven infringement of the rights of a third party with respect to the publication of all or part of a Product Factsheet on the Platform, Minitools undertakes to endeavour to promptly take measure to stop this infringement as soon as it is aware of it and withdraw the litigious content from the Platform.
ARTICLE 11 – ROLE AND LIABILITY OF MINITOOLS
Minitools, in its capacity as operator of the Platform, acts as an intermediary for connecting Sellers, Users and Buyers on the Platform. In its capacity as host, Minitools shall not be liable as a result of activities or information stored on the Platform if it has no knowledge of their illicit nature or any facts or circumstances making this character come to light or if, from when it became aware of it, it has acted promptly to withdraw this data or to render access to it impossible.
Consequently, Minitools is not liable with respect to:
— the Product Factsheets and Seller Factsheets, and more broadly all content and/or information provided by the Sellers on both the features of the Products and their condition or their price, the Sellers being solely liable for the proper performance of their legal precontractual information obligations with the Buyers, as well as the accuracy and completeness of the information and content that it provides and whether it is up-to-date, except for when it is established that Mintools is at fault;
— Minitools is not subject to a general obligation to monitor the information transmitted by the Sellers and stored on the Platform on their account.
Furthermore:
— The Products are sold by the Sellers on the Platform at their sole liability;
— Minitools is not party to the sales contract concluded between the Buyers and Sellers when Orders are placed. Consequently, Minitools would not be held liable for any disputes linked to Orders placed via the Platform, except if it is established to be at fault.
Minitools shall not be liable:
— in case of deletion, no storage capacity, incorrect or inopportune transmission of information or data appearing on the Platform or resulting from the Services;
— in case of damages incurred by the User linked to the performance or non-performance of the Services of the Platform;
— in case of damage likely to result from downloading or using the information or data available on the internet via the Services of the Platform, such as damage caused on IT systems, data losses.
ARTICLE 12 - PERSONAL DATA
When navigating the Platform and using the Services which are offered there, personal data concerning Users is collected and processed by Minitools. For more information on the processing of personal data carried out in this context, you can consult our data protection policy, accessible here.
ARTICLE 13 - REPORTING CONTENT
Minitools can be contacted by the Users, through the channels provided on the Platform, to report any publication of an illegal nature on the Platform, in particular any content promoting crimes against humanity and acts of terrorism, inciting racial hatred and hatred of people because of their gender, their sexual orientation or identity or their disability, as well as child pornography, inciting violence (in particular, inciting sexual and sexist violence), as well as undermining human dignity in order to enable the removal of the content in question. Any user can also request that Minitools removes content protected by intellectual property rights.
To request the removal of content, the User must send a letter to Minitools’ registered office at the address Via Nino Rota, trav. 1a n.c. – Alberobello (Ba) - 70011 - Italy, providing the following information:
— for natural persons: their surname, forename, residence and telephone number;
— for legal entities: their name, company name, address, telephone number and the identity of their legal representative;
— a description of the illegal content;
— the reasons for the withdrawal request of the illegal content, including the legal provisions and justification for the facts;
— the date on which the illegal content was noticed;
— the URL of the illegal content.
It is recalled that the act, for any person, of presenting a content or activity as unlawful to a host in order to have it withdrawn or to stop its dissemination, while knowing that this information is not accurate, is punishable by one year's imprisonment and a fine of 15,000 euros.
ARTICLE 14 - GENERAL PROVISIONS
To be admissible, all notifications by a User should be detailed, indicate clearly the reasons for dissatisfaction and be sent to Minitools by letter, e-mail or through the Platform chat.
Customer service is accessible from Monday to Friday, from 8:30 to 13:00 and from 14:00 to 17:30 (CET), Italian public holidays excluded, at the number indicated on the Platform, and any question or complaint from the User can be dealt with. The parties are not liable for any delay or non-performance if these are linked to an event outside either party’s control, as defined by the provisions or, more generally, by established case-law. In the event that a provision of the General Terms and Conditions of Use becomes invalid, unenforceable, obsolete, illegal or inapplicable due to a law, a regulation or following a court
ruling, this shall not affect the validity, legality or applicability of the other provisions of the T&Cs and shall not absolve the User from performing his or her valid contractual obligations.
ARTICLE 15 – DISPUTES AND APPLICABLE LAW
These T&Cs of the Platform are governed by Italian law. Solely the Italian written version of this T&Cs shall be legally binding as the original text in case of dispute.
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/.
ARTICLE 16 – ADDITIONAL CONDITIONS
The disclosures indicated below, including the relative link, as well as the pages they refer to, describe additional conditions regarding specific services offered by store.minitools.com and are an integral and substantive part of this agreement:
Each of these disclosures may be modified from time to time. The modifications shall be valid after the date of publication on the Website. These rules, which may be published from time to time, are therefore incorporated into this agreement.
Ver. 1.0 of the 04-07-2024
