TERMS AND CONDITIONS OF USE

GENERAL CONDITIONS OF SALE “SOFIINDUSTRIALTOOLS.COM”, MANAGED AND DISTRIBUTED BY SOFI S.R.L.

FOREWORD – sofiindustrialtools.com (hereinafter referred to as the “Site”) is a B2C (Business to Consumer) and B2B (Business to Business) E-commerce Internet “Site” that targets the end-user “Customer” by publishing products for sale via the Internet.

Pursuant to Art. 7 del D.L.vo 9 aprile 2003, n. 70, informs the buyer that the goods/services covered by this contract are presented by Sofi S.r.l. (hereinafter referred to as “Sofi s.r.l.”), with registered office in: Via Canicarao 42 – 97013 Comiso (RG) – VAT N. 01073750885 n° R.E.A RG – 92656.

All communications or inquiries may be sent to the above address or sent by e-mail by writing to: info@sofisrl.com , one of the operators of “Sofi s.r.l.” will contact the “Customer” who left the message as soon as possible. A copy of these General Terms and Conditions of Sale, pursuant to Art. 12 para no. 3 of L.D. April 9, 2003, no. 70, can be downloaded and saved on the computer of the “Customer”, through the PDF download function of the “General Conditions of Sale “Sofi s.r.l.”.

ART. 1 – General mandatory information to the “Client”

These general terms and conditions are intended to govern all relations between “Sofi s.r.l.”, the company that owns the rights to exploit the “Site” and the “Customer”. These general terms and conditions form an integral and substantial part of every proposal, order and order confirmation for the purchase of products by the “Customer.”

“Sofi s.r.l.” may update or modify these general terms and conditions at any time including but not limited to in consideration of any regulatory changes. The new general terms and conditions will be valid and effective from the date of publication on the “Site” for contracts entered into after that date. In any case, since these are distance sales contracts governed by the Consumer Code (Legislative Decree 206 of 6/09/2005) and Legislative Decree. 70 of 9/04/2003, the “Customer” will enjoy all the protections provided by these regulations as amended. The Products purchased on the “Site” are sold by Sofi S.r.l., with registered office in Via Canicarao 42 – 97013 Comiso (RG)- VAT N. 01073750885.

ART. 2 – “Client” registration

In order to be able to join the Services of the “Site” users must register and must accept the General Terms and Conditions provided herein. The provision of the requested data at registration is mandatory for the “Customer” as it is strictly functional for the performance of the same. Any refusal to provide them implies the impossibility for “Sofi s.r.l.” to activate the services and carry out any activity related to them. The “Client” according to Art. 130 paragraph 4 of the Privacy Code will receive from “Sofi s.r.l.”, at the e-mail address given at the time of registration, for which the “Customer” is responsible, communications and business proposals relating to and/or connected with the services of “Sofi s.r.l.” and in particular its Newsletter. At any time the “Customer,” by clicking on the appropriate link at the bottom of the email, may request not to receive further communications.

ART. 3 – Contract of sale and purchase of the Products.

In order to comply with D. Lgs. 70 of 9/04/2003, laying down provisions on electronic commerce, “Sofi s.r.l.” informs the “Customer” that in order to conclude the contract for the sale and purchase of Products on the “Site”, the “Customer” will have to fill in an order form in electronic format and transmit it to “Sofi s.r.l.”, electronically, following the instructions that will appear from time to time on the “Site” and that will accompany the different stages of the purchase. In the event that the “Customer” wishes to receive an invoice, he/she must fill in the appropriate spaces in the order note complete with tax domicile, tax identification number and VAT number. The contract is concluded when “Sofi s.r.l.” registers the order form, after checking the correctness of the order and payment data. Before proceeding to the transmission of the order form, the “Customer” will be able to identify and correct any errors relating to the data entered by following the instructions that will accompany the different stages of the purchase from time to time indicated on the “Site”. Registered the order form, “Sofi s.r.l.” will send to the “Customer” at the e-mail address indicated in the registration the order confirmation and payment receipt by e-mail. It is recommended to keep the e-mail received as proof of purchase. The order form will be stored in the database of “Sofi s.r.l.” and associated with the “Customer” master data for the time necessary to process the order and, in any case, within the terms of the law. To access his order form, the “Customer” may consult the “Order Archive – Wish List ” section of the “Site” using Password and User ID assigned to Him at the time of registration, where he will find the list of all orders placed by him. The order note before confirmation of the order will indicate the quantities, codes and descriptions of individual products and services, prices, and any taxes and fees. Ai singoli codici corrisponderanno le descrizioni tecniche, i modelli, i materiali, le misure, le taglie ed i colori dei prodotti come da scheda tecnica di presentazione del singolo prodotto e delle sue varianti. For each product or type of products, at the time of inclusion in the “shopping cart”, will be indicated, as provided in Art. 52 of the Consumer Code (Legislative Decree 206 of 6/09/2005), the additional costs of delivery and packaging (if necessary), the terms of payment and the applicability to the Contract of these General Conditions of Sale. It may happen that the product ordered is no longer available after the purchase order is placed. In such case, the “Customer” will be promptly refunded the price paid, however, no later than 10 days from the date of payment, with value date retroactive to that date. In the event that a “Customer” has submitted orders for several products and some only of them are available, “Sofi s.r.l.” will also have the right to make a partial delivery.

ART. 4 – Price of the Products and Method of Payment

The prices of the products published on the “Site” are VAT INCLUDED. Before purchasing, it will be possible for the buyer to view the amount of shipping costs charged to him/her. Payment can be made by wire transfer, credit card (Visa, Mastercard, American Express, PostePay and prepaid), PayPal account or cash on delivery.

Credit card data are entered directly on the pages of the banking partner of “Sofi s.r.l.”, and are transmitted to the bank’s servers in encrypted form according to the PCI DSS level1 standard, the strictest security standard on the processing and storage of payment data. For added security only the banking partner has access to the data of the card used for payment, while “Sofi s.r.l.” has no possibility to know or store such data. In case of cash on delivery, the courier will collect the amount of the order at the time of delivery. By selecting the “Pay” button during the purchase process, the “Customer” declares that he/she fully and unreservedly accepts the entirety of these General Terms and Conditions of Sale.

ART. 5 – Orders

Product purchase orders will be processed only after “Sofi s.r.l.” receives confirmation of payment of the total amount due, consisting of the purchase price of the products including VAT and shipping costs. The products remain the property of “Sofi s.r.l.” until the full settlement of the amount due.

“Sofi s.r.l.” reserves the right to refuse orders from “Customers” who do not give sufficient guarantees of solvency or with whom disputes are pending and/or who exhibit abnormal purchasing behavior. In the event of unavailability of the ordered product, the buyer will be promptly notified by e-mail and the provisions of Article 3 above will apply. Once the purchase order has been confirmed, the “Customer” will have the opportunity to check its details at any time on the relevant web page, “Sofi s.r.l.” therefore makes itself available to facilitate such viewing even if the product in question has been temporarily taken out of the catalog after the “Customer’s” order has been placed.

ART. 6 – Product Warranty and Product Conformity Warranty

Sofi s.r.l.” undertakes to supply products corresponding to the published product sheets, conforming to their technical specifications and current regulations, and free of defects or flaws. However, the products are still handmade items, small imperfections in the glaze or colors are therefore not to be considered a defect but a merit of handmade work. Products will always be “first choice,” unless it is clearly pointed out in advance to the contrary. I termini di garanzia dei prodotti decorreranno dal giorno di consegna dei prodotti al “Cliente”. In the event of a lack of conformity of the purchased products, the “Customer” has the right to the replacement of the product, without any additional expense, where this is possible in relation to the number of copies still available for sale and unless the replacement is not excessively expensive for “Sofi s.r.l.” in view of the extent of such defect and the value that the good would have, if there was no lack of conformity. Alternatively, the buyer is entitled, at his or her option, to an appropriate reduction in the price or termination of the contract. In case of termination of the Contract, “Sofi s.r.l.” will return the price paid by the “Customer”, plus shipping costs no later than 30 (thirty) days from the date of notice of termination. In case of price reduction, “Sofi s.r.l.” will return the amount of the reduction, in the same terms as above. In any case, the amount of the refund will be communicated to the “Customer” by e-mail and credited to the same according to the agreements that will intervene between the Parties. The “Customer” must agree with the Customer Service of “Sofi s.r.l.” on how to ship the goods.

Warranties on products sold are those provided directly by the manufacturer. The “Customer” must report to “Sofi s.r.l.” any defects of conformity (obvious defects) of the products, under penalty of forfeiture, within 7 (seven) days from the date of delivery. In the case of hidden defects, the terms of the law will be applicable. The conformity warranty will not apply to products repaired, modified or in any way altered by the “Customer.” “Sofi s.r.l.” shall not be liable in case of damages, of any nature whatsoever, resulting from the installation and/or use of the product improperly and/or not in accordance with the instructions provided by the manufacturer as well as in case of damages resulting from unforeseeable circumstances or force majeure.

The images and colors of the products posted on the “Site” may differ from the actual ones due to the local settings of the systems and/or tools used by “Customers” to view them. In addition to the above-mentioned guarantees, purchases made through the circuits operated by “Sofi s.r.l.” are also responsible for “Product Conformity Warranty”, in fact “Sofi s.r.l.” shall be liable to the “Customer” for any lack of conformity of the purchased goods pursuant to and for the purposes of the provisions of the Consumer Code (Title III – Legal guarantee of conformity and commercial guarantees for consumer goods, CHAPTER I Of the sale of consumer goods, in art. 128 et seq. of D. L.vo 22.07.2005 n. 206), provided that it existed at the time of delivery of the goods and manifested within a period of 2 months from the time of receipt of the goods and provided that it is not a defect known by the “Customer” at the time of entering into the purchase contract. Any defects must be reported to “Sofi s.r.l.” within 7 days of its discovery by sending registered mail to. r. to the address in ART. 1. The date of the postmark of sending of the registered letter itself will be authentic between the parties.

ART. 7 – Intellectual Property and Copyright.

“Sofi s.r.l.” reserves all rights to the texts, works, illustrations and images reproduced in the web pages of the “Site” in accordance with the provisions of the Civil Code and the Laws placed to protect copyrights as well as in accordance with Intellectual Property. In this regard and in accordance with the provisions of the Intellectual Property Act, use is authorized only for private use unless otherwise provided in the above. Any other use is foreshadowed as forgery and is sanctioned in accordance with Intellectual Property except with prior written permission from “Sofi s.r.l.” All reproductions in whole or in part of the catalogs published and associated with the “Site” are strictly prohibited.

ART. 8 – Delivery of Products, Documentation and Packaging

Sofi s.r.l.” will deliver at the expense of the “Customer” by its own shipping by contracted Courier, to the place indicated by the “Customer” in the compilation of the order note.

Upon delivery of the products, the “Customer” shall check:

– That the number of packages being delivered corresponds to what is indicated in the transport document;

– That the product indicated on the packaging matches the product actually indicated in the order confirmation;

– That the packaging is intact, not damaged or wet or otherwise altered.

Any damage or mismatch in the number of packages or markings must be immediately reported to the delivering carrier.

In case of absence of the addressee at the time of delivery, a notice will be left and the “Customer” must personally arrange to contact the courier or freight forwarder as soon as possible in order to agree on the mode of delivery. In the event that the “Customer” fails to do so, he/she will be held responsible for the costs of shipping, storage and retrieval of the products.

“Sofi s.r.l.” is not responsible for delayed or non-delivery attributable to force majeure or fortuitous event. Products will be delivered in their normally used packaging, complete with their documentation such as, but not limited to, instruction manuals. Delivery is by trusted shippers and/or couriers at the shipping cost shown on the screen during order completion, calculated according to the weight, volume, and destination of the goods. The cost of shipping is the responsibility of the buyer, according to the rates and costs indicated.

ART. 9 – Right of withdrawal

Since these are distance sales contracts governed by the Consumer Code (Legislative Decree 206 of 6/09/2005), the “Customer” enjoys the right of withdrawal, which consists of the right to return the purchased product and the consequent refund of the purchase price. The right of withdrawal must be exercised under penalty of forfeiture no later than 14 (fourteen) working days from the date of receipt of the product without penalty and without the need to specify the reason. In order to exercise this right, the “Customer” must send, within the prescribed period, a notice to the address indicated in the ART. 1 by registered letter with return receipt or by sending a PEC to: amministrazione@pec.sofisrl.com. The products subject to the withdrawal must be sent to “Sofi s.r.l.” no later than 48 hours after obtaining the return authorization number and must be received by “Sofi s.r.l.”, complete with a copy of the return form (which “Sofi s.r.l.” will have sent to the “Customer” via E-mail together with the return authorization code), no later than 30 (thirty) days from the day of receipt of the same. “Sofi s.r.l.” reserves the right not to accept the return of products without the return authorization code. Within the same period of 30 (thirty) days from the date of communication of the exercise of the right of withdrawal, “Sofi s.r.l.” will return the price paid by the “Customer” in full or in part, if the withdrawal was partial. Return costs, as will be specified below, remain at the responsibility of the “Customer”. Acknowledgement of receipt is not, however, an essential condition for proving the exercise of the right of withdrawal. With the receipt by “Sofi s.r.l.” of the return form, the parties will be released from their respective contractual obligations, except for those of returning the products and returning the price. As stipulated in Art. 67 of the Consumer Code (Legislative Decree 206 of 6/09/2005), the substantial integrity of the products is an essential condition for the exercise of the right of withdrawal. The “Customer” must make the shipment at his own expense by returning the goods intact and in its original wrapping or packaging complete with any documentation and accessory equipment (the right of withdrawal does not apply to products sealed once opened), to limit damage to the original packaging, we recommend when possible, to put it in a second box, on which to note the return number (return authorization code); it should be avoided in all cases the affixing of labels or adhesive tapes directly on the original packaging of the product.

The shipment, until the certificate of receipt in our warehouse, is under the full responsibility of the “Customer”, “Sofi s.r.l.” therefore does not respond in any way for damage or theft/loss of goods returned by uninsured shipments.

ART. 10 – Liability and Force Majeure.

“Sofi s.r.l.” shall not be liable to the “Customer” or any third party with respect to damages, losses and costs incurred as a result of the non-performance of the contract, the “Customer” having only the right to a refund of the price paid.

Likewise, “Sofi s.r.l.” is not responsible for any fraudulent and illegal use that may be made by third parties, of credit cards and other means of payment, when paying for products. “Sofi s.r.l.” in fact, at no time during the purchase process, is able to know the number of the credit card, which, by opening a secure connection (SSL Protocol), is transmitted directly to the credit institution that will be used for online transactions. In the event of force majeure, the defaulting party will not be held liable for non-performance, provided that it has done what was reasonably necessary to perform despite the force majeure. Any supervening, unforeseeable event beyond the control of either or both Parties (such as but not limited to events of war, riots, fires, floods earthquakes and other natural disasters, strikes, orders or prohibitions of National and International Authorities) such as to prevent the proper performance of the obligations undertaken shall be considered force majeure.

ART. 11 – Processing of personal data. Information pursuant to GDPR on Privacy – EU Regulation 2016/679

According to the regulation, the processing of data will be based on the principles of fairness, lawfulness and transparency, protecting the confidentiality and rights of the person signing. With reference to the above, “Sofi s.r.l.” informs that:

1. personal data provided by the “Customer”, or otherwise acquired in the context of the activity of “Sofi s.r.l.”, may be subject to processing by “Sofi s.r.l.”, and in particular
   • its information system, in accordance with the above regulations, for institutional and administrative purposes,
   • In order to execute the contractually agreed service and any accessory devices required, in organizing, managing and executing the performance of these services “Sofi s.r.l.” may provide the data to third parties such as its “Business Partners” suppliers of the products that will be marketed; its Customer Service, even if managed in outsourcing; the logistics center in charge of packaging the products; ; to the carriers in charge of the delivery of the products; to other companies of which “Sofi s.r.l.” uses or will use for the provision of its services, such as collaborators for data entry and for the compilation of catalogs that will be published online,
   • To fulfill legal obligations or other obligations required by the competent authorities,
   • To protect the rights of “Sofi s.r.l.” and its representatives and/or appointees in court.
2. The treatment that the “Sofi s.r.l.” intends to carry out:
   • Will be carried out in the following ways: computerized/manual,
   • may also be carried out by individuals who are granted the right to access the personal data of the “Client” by law or secondary and/or EU regulations.
3. the data will be kept by “Sofi s.r.l.” for the time prescribed by law; the data, except as strictly necessary for the proper execution of the supply contract, will not be disclosed to other parties unless expressly asking the “Customer” for consent.

“Sofi s.r.l.” also informs that the communication of data is indispensable but not obligatory, and any refusal to do so does not entail any consequences, but may cause the non-fulfillment of the obligations assumed by “Sofi s.r.l.” for the provision of the requested service.

The data controller is Sofi S.r.l. with registered office at Via Canicarao 42 – 97013 Comiso (RG), to whom the “Customer” may apply to assert his rights as provided by the regulations.

1. The data subject has the right to obtain confirmation of the existence or non-existence of personal data concerning him/her, even if not yet recorded, and its communication in an intelligible form.
2. The data subject has the right to obtain the indication:
   1. Of the origin of personal data;
   2. Of the purposes and methods of processing;
   3. Of the logic applied in the case of processing carried out with the aid of electronic instruments;
   4. of the identification details of the owner, responsible persons and designated representative;
   5. Of the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of them in their capacity as designated representative in the territory of the State, as managers or appointees.
3. The data subject has the right to obtain:
   1. updating, rectification or, when interested, integration of data;
   2. the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including data whose retention is not necessary in relation to the purposes for which the data were collected or subsequently processed;
   3. A statement that the operations referred to in paras. a) and (b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except where this proves impossible or involves the use of means manifestly disproportionate to the right protected.
4. The data subject has the right to object, in whole or in part:
   1. for legitimate reasons to the processing of personal data concerning him/her, even if relevant to the purpose of collection;
   2. to the processing of personal data concerning him/her for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.

ART. 12 – Applicable Law and Jurisdiction.

This contract shall be construed and governed in accordance with Italian Law. For anything not expressly regulated by this contract, the relevant provisions of the Civil Code will apply. For any dispute relating to the interpretation and/or execution of this contract, the Court of Ragusa shall have exclusive jurisdiction.