Terms of Use

Terms and Conditions of https://shop.tecnologiefrb.com

These Terms govern

• the use of https://shop.tecnologiefrb.com e
• any other Agreement or legal relationship with the Owner

in a binding manner. Capitalized expressions are defined in the relevant section of this document.

The User is asked to read this document carefully.

Https://shop.tecnologiefrb.com is a service of:

FRB Technologies | Tailstocks and drivers for machine tools, turning, grinding and gear cutting

Via Ca’ Belfiore n. 16 – 40037 Borgonuovo di Sasso Marconi (BO)

Tel: +39 (0) 051846750 +39 (0) 051846760

info@tecnologiefrb.com
Reg.Impr. e C.F..08369150159 P.iva 00807791207
R.E.A. n. 311387/BO Share Capital € 100.000,00 i.v

email adress data processor: info@tecnologiefrb.com

What you need to know at a glance

• Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each affected clause. In the absence of mention, the clauses apply to all Users.
• The right of withdrawal applies only to European Consumers.

TERMS OF USE

Unless otherwise specified, the terms of use of https://shop.tecnologiefrb.com set forth in this section have general application.

Additional conditions of use or access applicable in specific situations are expressly indicated in this document.

By using https://shop.tecnologiefrb.com the User declares to satisfy the following requirements:

• There are no restrictions related to Users in terms of whether they are Consumers or Professional Users;

Content on https://shop.tecnologiefrb.com

Unless otherwise specified or clearly recognizable, all content available on https://shop.tecnologiefrb.com is owned or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on https://shop.tecnologiefrb.com does not infringe applicable legislation or third-party rights. However, it is not always possible to achieve such a result.

In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address their complaints to the addresses specified in this document.

Rights on the contents of https://shop.tecnologiefrb.com

The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents.

Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.

In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on https://shop.tecnologiefrb.com, and from allowing third parties to undertake such activities through their User account or device, even without their knowledge.

Where expressly indicated on https://shop.tecnologiefrb.com, the User is authorized to download, copy and/or share certain content available on https://shop.tecnologiefrb.com exclusively for personal and non-commercial purposes and provided that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Owner.

The limitations and exclusions provided for by the legislation on copyright remain unchanged.

Access to external resources

Through https://shop.tecnologiefrb.com Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including those applicable to any granting of rights on content, are determined by the third parties themselves and regulated in the relevant terms and conditions or, in their absence, by law.

Acceptable Use

Https://shop.tecnologiefrb.com and the Service may only be used for the purposes for which they are offered, according to these Terms and in accordance with applicable law.

It is the User’s sole responsibility to ensure that use of https://shop.tecnologiefrb.com and/or the Service does not violate any law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to deny the User access to https://shop.tecnologiefrb.com or the Service, terminate contracts, report any reprehensible activity carried out through https://shop.tecnologiefrb.com or the Service to the competent authorities – e.g. judicial or administrative authorities – whenever the User commits or is suspected of committing:

• violations of the law, regulations and/or the Terms;
• violations of third-party rights;
• acts that may significantly harm the legitimate interests of the Owner;
• offenses to the Owner or to a third party.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products offered on https://shop.tecnologiefrb.com as part of the service are paid.

The fees, duration and conditions applicable to the sale of such Products are described below and in the respective sections of https://shop.tecnologiefrb.com.

Product Description

Prices, descriptions and availability of the Products are specified in the respective sections of https://shop.tecnologiefrb.com and are subject to change without notice.

Although the Products on https://shop.tecnologiefrb.com are presented with the greatest accuracy technically possible, the representation on https://shop.tecnologiefrb.com by any means (including, as the case may be, graphic materials, images, colors, sounds) is intended as a mere reference and does not imply any guarantee regarding the characteristics of the purchased Product.

The characteristics of the selected Product will be specified during the purchase procedure.

Purchasing Procedure

Each stage, from choosing the product to placing the order, is part of the purchasing procedure.

The purchasing procedure includes the following steps:

• Users are asked to choose the desired Product, to make it appear in the purchase selection, indicating, where possible, quantities and specific characteristics.
• Users can check their choice, modify, add or remove items.
• Users will be asked to specify their billing address, contact details and a payment method of their choice.
• In the event that the purchase includes the delivery of a Product, it may be necessary for Users to indicate a shipping address.
• During the purchasing procedure, Users may, at any time, modify, correct or replace the information provided or cancel the purchasing procedure altogether without any consequences.
• After providing all the requested information, Users are asked to carefully check the order and can then proceed to checkout.

To place an order, Users are required to accept these Terms and use the respective button or mechanism on https://shop.tecnologiefrb.com, thereby committing to pay the agreed price.

Sending an order

Sending an order entails the following:

• Sending an order by the User determines the conclusion of the contract and creates the User’s obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page.
• In the event that the purchased Product requires an action by the User, such as the provision of information or personal data, specifications or special requests, sending an order also creates the User’s obligation to cooperate accordingly.
• Once the order has been sent, Users will be sent a confirmation of receipt of the order.

All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.

Prices

During the purchase process and before submitting the order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.

Prices on https://shop.tecnologiefrb.com:

• include all applicable commissions, taxes and costs.

Payment methods

Details relating to the accepted payment methods are highlighted during the purchase process.

Some payment methods are linked to additional conditions or involve additional costs. Detailed information is provided in the relevant section of https://shop.tecnologiefrb.com.

All payments are managed independently by third-party services. Therefore, https://shop.tecnologiefrb.com does not collect payment data – such as credit card numbers – but receives a notification once the payment has been successful.

In the event that the payment made with one of the available methods fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. In the event that the payment is not successful, the Owner reserves the right to request the User to reimburse any related expenses or damages.

Authorization for future payments via PayPal

In the event that the User authorizes the PayPal function that allows future purchases, https://shop.tecnologiefrb.com will store an identification code linked to the User’s PayPal account. In this way, https://shop.tecnologiefrb.com will be able to automatically process payments for future purchases or for the payment of periodic installments of a previous purchase.

The authorization can be revoked at any time by contacting the Owner or by changing the personal PayPal settings.

Retention of title

Until the Owner has received payment of the full purchase price, the User does not acquire ownership of the Products ordered.

Delivery

ITALY

• TNT Express shipping
  An express service for domestic shipments available to any destination in Italy except Calabria, Sardinia and Sicily.
• TNT Economy express shipping
  An express service for domestic shipments available only for shipments to Calabria, Sardinia and Sicily.

FOREIGN

Countries where shipping is enabled:

Italy, Bahrain, Brazil, Bulgaria, China, Czech Republic, Finland, France, Germany, Hungary, India, Mexico, Morocco, Netherlands, Poland, Romania, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Taiwan, U.S.A., Ukraine, United Arab Emirates, United Kingdom (Great Britain), Bangladesh, Nepal, Pakistan, Myanmar.

Maximum shipping weight: 10Kg

We offer two types of FedEx shipping:

• FedEx International Priority Export
  Reliable door-to-door, customs-assisted delivery virtually anywhere within days. 1-3 business days
  https://www.fedex.com/it-it/shipping/international/international-priority.html
• FedEx International Economy Export
  An economical option for those in no hurry: door-to-door delivery with customs assistance. 2-5 business days
  https://www.fedex.com/it-it/shipping/international/international-economy.html

Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.

Upon delivery, Users must check the contents of the package and promptly report any anomalies to the contact details provided in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.

Delivery may take place in the countries or territories specified in the relevant section of https://shop.tecnologiefrb.com.

Delivery times are indicated on https://shop.tecnologiefrb.com or during the purchase process.

Unless otherwise specified on https://shop.tecnologiefrb.com or agreed with the User, the Products are delivered within thirty (30) days of purchase.

Deliveries are made according to the conditions and times indicated on https://shop.tecnologiefrb.com.

Unless otherwise specified, shipping costs are borne by the User.

The risk of loss or damage to the goods passes to the User upon delivery to the courier.

Delivery agreed

Upon agreement with the Owner, Users may arrange for the collection of the purchased goods by a courier of their choice in good time and bearing the risks and costs.

Failure to deliver B2B

Unless otherwise specified, shipping costs are borne by the User.

The Owner is not liable in any way for any errors, delays (including the case in which the User does not collect the goods within the deadline established by the Owner or the courier), damage or loss of the goods after delivery to the courier.

If, in the impossibility of delivering them, the goods are returned to the Owner, the User is required to bear the costs of the resulting storage. The User is required to organize a new delivery attempt at his own expense, after having agreed with the Owner on suitable collection times and methods.

Otherwise, the Owner may, at his discretion, withdraw from the contract or arrange a new delivery attempt at the User’s expense.

In both cases, the Owner reserves the right to compensation for any damages suffered due to non-delivery.

User Rights

Right of withdrawal

Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.

Who has the right of withdrawal

Unless one of the exceptions listed below applies, Users who act as European Consumers have the legal right to withdraw from contracts concluded online (distance contracts) within the period of time specified below for any reason and without justification.

Users who do not meet these requirements do not have the rights described in this section.

Exercise of the right of withdrawal

To exercise the right of withdrawal, the User must send the Owner an unequivocal communication of his intention to withdraw from the contract.

To this end, the User can use the standard withdrawal form available in the definitions section of this document. However, the User is free to express his intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the withdrawal declaration before the withdrawal period expires.

When does the withdrawal period expire?

• In the case of the purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by the User and other than the courier – takes possession of the goods.
• In the case of the purchase of multiple goods ordered together but delivered separately or in the case of the purchase of a single good composed of different lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by the User and other than the courier – takes possession of the last of the goods, lots or pieces.

Effects of withdrawal

The Owner will refund all payments received, including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.

However, the additional cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the responsibility of the User.

The refund will take place without undue delay and in any case within 14 days from the day on which the Owner was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund will be made using the same means of payment used for the initial transaction. The User will not have to bear any costs as a consequence of the withdrawal.

… on purchase contracts for tangible goods

Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorized by the Owner to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.

The deadline is respected if the delivery of the goods to the courier or other authorized person occurs before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.

The User is liable for the decrease in value of the goods resulting from a use of the goods other than that necessary to establish their nature, characteristics and functioning.

In this case, the return shipping costs are borne by the User, unless there is an obvious defect in the purchased product.

Guarantees

Legal guarantee of conformity of the Product in accordance with European Union legislation

According to European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is required to ensure that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the moment of delivery to the buyer.

If Users act as European Consumers, the legal guarantee of conformity of the goods applies to the items available on https://shop.tecnologiefrb.com in accordance with the laws of the country in which they habitually reside.

By exercising the right of guarantee, the Consumer can choose between requesting the replacement or repair of the defective good under the conditions specified in the relevant national Consumer Code.

This legal guarantee of conformity is applicable regardless of any additional commercial guarantee granted by the Owner.

Specifically, Consumers residing in France may exercise their conformity warranty rights within two years of delivery of the goods without having to produce proof of the defect or lack of conformity. The time period for which the Consumer is exempt from producing proof is reduced to six months in the case of used goods.

By exercising the right of warranty, the Consumer may choose between requesting replacement or repair of the defective good under the conditions specified in the French Consumer Code.

This legal warranty of conformity is applicable irrespective of any additional commercial warranty granted by the Holder.

The Consumer may also exercise the right of warranty for hidden defects under the relevant provisions of the French Civil Code, choosing between withdrawal from the purchase and reduction of the price.

Consumers not acting as European Consumers may enjoy conformity warranty rights under the laws of the country in which they ordinarily reside.

Extension of the guarantee to all Users

Without prejudice to any more favorable guarantee rights of conformity that Users may benefit from under the law applicable to them, the Owner extends the legal guarantee of conformity regime in force in the country in which it is contractually established to all Users.

Limitation of Liability and Indemnity

Australian users

Limitation of Liability

Nothing in these Terms shall exclude, limit or modify any warranty, condition, indemnity, right or protection that you may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory legislation and which constitutes a right that cannot in any way be excluded, limited or modified (non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for the infringement of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at Holder’s option, to a re-provision of the Services or payment of the cost of re-provision thereof.

U.S.A. Users

Disclaimer of Warranty

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for

• any indirect, intentional, collateral, special, consequential or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or the User account or the information contained therein;
• any errors, deficiencies or inaccuracies in content;
• personal injury or property damage, of any nature whatsoever, resulting from the User’s access to or use of the Service;
• • any unauthorized access to the Owner’s security servers and/or any personal information stored therein
• any interruption or cessation of transmissions to or from the Service;
• any bugs, viruses, Trojan horses or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
• the defamatory, offensive or illegal conduct of any User or third party. In no event shall the Owner, its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount greater than the amount paid by the User to the Owner in the preceding 12 months, or the term of this Agreement between the Owner and the User, whichever is shorter.

This limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, or limitations of liability in these Terms shall not apply to the extent prohibited by applicable law.

Indemnity

You agree to defend, indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, charges or debt and expenses, including, without limitation, attorneys’ fees and expenses arising from

• Your use of or access to the Service, including any data or content transmitted or received by You;
• Your violation of these Terms, including, but not limited to, any breach by You of any representation or warranty under these Terms;
• Your violation of any third-party rights, including, but not limited to, any right relating to privacy or intellectual property;
• your violation of any applicable law, rule or regulation
• any content submitted from your account, including, but not limited to, misleading, false or inaccurate information, including access by a third party using your username and password or other security measures, if any;
• your malicious conduct; or
• your or our affiliates, officers, agents, co-branders, partners, suppliers and employees, in violation of any law, to the extent permitted by applicable law.

Common provisions

No Waiver Implied

Failure by the Owner to exercise any right or claim under these Terms does not constitute a waiver of the same. No waiver may be considered a continuing waiver of a specific right or any other right.

Service Interruption

To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to the Users.

Within the limits of the law, the Owner reserves the right to suspend or completely cease the activity of the Service. In the event of cessation of the activity of the Service, the Owner will work to ensure that Users can extract their Personal Data and information and will respect the rights of Users relating to the continued use of the product and/or compensation, in accordance with the provisions of the law.

Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner, such as force majeure (e.g. infrastructural malfunctions, blackouts, etc.).

Reselling the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit https://shop.tecnologiefrb.com or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate reseller program.

Privacy policy

The information on the processing of Personal Data is contained in the privacy policy of https://shop.tecnologiefrb.com.

Intellectual Property

Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to https://shop.tecnologiefrb.com are held exclusively by the Owner or its licensors and are protected under applicable laws and international treaties relating to intellectual property.

All trademarks — denominative or figurative — and any other distinctive sign, trade name, service mark, illustration, image or logo appearing in connection with https://shop.tecnologiefrb.com are and remain the exclusive property of the Owner or its licensors and are protected under applicable laws and international treaties relating to intellectual property.

Changes to the Terms

The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.

The changes will take effect in the relationship with the User only from the moment communicated to the User.

Continued use of the Service implies acceptance by the User of the updated Terms. If the User does not wish to accept the changes, he must stop using the Service and may withdraw from the Agreement.

The previous version continues to govern the relationship until the User accepts the changes. This version can be requested from the Owner.

If required by law, the Owner will communicate in advance to the Users the date of entry into force of the modified Terms.

Assignment of Contract

The Owner reserves the right to transfer, assign, dispose of, novate or contract individual or all rights and obligations under these Terms, taking into account the legitimate interests of the Users.

The provisions relating to the modification of these Terms apply.

The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.

Contacts

All communications relating to the use of https://shop.tecnologiefrb.com must be sent to the addresses indicated in this document.

Severability clause

If any provision of these Terms should be or become void or unenforceable under applicable law, the voidness or unenforceability of such provision shall not affect the effectiveness of the remaining provisions, which shall therefore remain valid and enforceable.

U.S.A. users

Any invalid or ineffective provision shall be construed and adapted to the extent necessary to make it valid, effective and in accordance with its original purpose.

These Terms constitute the entire agreement between User and Owner with respect to the regulated subject matter and supersede all other communications, including any prior agreements, between the parties with respect to the regulated subject matter.

These Terms will be enforced to the fullest extent permitted by law.

European users

If any provision of these Terms should be or become void, invalid or unenforceable, the parties shall endeavor to amicably identify a valid and effective provision to replace the void, invalid or unenforceable provision.

In the event of failure to reach an agreement within the aforementioned terms, if permitted or provided for by applicable law, the void, invalid or unenforceable provision shall be replaced by the applicable legal provisions.

Without prejudice to the above, the nullity, invalidity or ineffectiveness of a particular provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid or ineffective provisions within the Agreement are essential or of such importance that the parties would not have entered into the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would entail an unreasonable and unacceptable burden for any of the parties.

Applicable law

The Terms are governed by the law of the place where the Owner is based, as indicated in the relevant section of this document, without regard to conflict of laws rules.

Prevalence of national law

However, regardless of the above, if the law of the country in which the User is located provides for a higher level of consumer protection, such higher level of protection shall prevail.

Competent court

The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms lies with the courts of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for Consumers in Europe

The foregoing does not apply to Users who are European Consumers or Consumers located in the United Kingdom, Switzerland, Norway or Iceland.

Dispute resolution

Amicable dispute resolution

Users may report any disputes to the Owner, who will try to resolve them amicably.

Although the right of Users to take legal action remains unaffected, in the event of disputes concerning the use of https://shop.tecnologiefrb.com or the Service, Users are requested to contact the Owner at the contact details indicated in this document.

The User may address a complaint to the Owner’s email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.

The Owner will process the request without undue delay and within 7 days of receiving it.

Consumer dispute resolution platform

The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court resolution of disputes relating to and arising from online sales and service contracts.

Therefore, any European Consumer or Consumer based in Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online.

Definitions and legal references

Https://shop.tecnologiefrb.com (or this Application)

The structure that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User governed by the Terms.

Commercial User

Any User.

European (or Europe)

Applies when the User, regardless of nationality, is located in the European Union.

Standard withdrawal form

Addressed to:

Tecnologie FRB | Tailstocks and drivers for machine tools, in turning, grinding and toothing Via Ca’ Belfiore n. 16 – 40037 Borgonuovo di Sasso Marconi (BO) Tel : +39 (0) 051846750 +39 (0) 051846760 info@tecnologiefrb.com Reg.Impr. and C.F..08369150159 VAT number 00807791207 R.E.A. n. 311387/BO Share Capital €100,000.00 i.v.

info@tecnologiefrb.com

I/we hereby give notice that I/we withdraw from my/our contract of sale of the following goods/services:

_____________________________________________ (insert a description of the goods/services you wish to withdraw from here)

• Ordered on: _____________________________________________ (insert date)
• Received on: _____________________________________________ (insert date)
• Name of consumer(s):_____________________________________________
• Address of consumer(s):_______________________________________________
• Date: _____________________________________________

(sign only if this form is notified on paper)

Owner (or We)

Means the natural person or legal entity that provides https://shop.tecnologiefrb.com and/or offers the Service to Users.

Product

A good or service that can be purchased through https://shop.tecnologiefrb.com, such as a tangible good, digital files, software, booking services, etc.

The sale of a Product may be part of the Service, as defined above.

Service

The service offered through https://shop.tecnologiefrb.com as described in the Terms and on https://shop.tecnologiefrb.com.

Terms

All terms applicable to the use of https://shop.tecnologiefrb.com and/or the provision of the Service as described in this document and in any other document or agreement linked to it, in the most updated version respectively.

User (or You)

Means any natural person who uses https://shop.tecnologiefrb.com.

Consumer

A Consumer is any User considered as such under applicable law.