GENERAL TERMS OF SALE ON LINE SACTO S.r.l.

This Web Site www.sacto.it is owned by Sacto S.r.l. Unipersonale (P. IVA/C.F. 02499790968), with registered office in 20831 Seregno (MB), Via Carlo Porta, 61 and is dedicated to the sale of fastening systems, products for industry, breakstem rivets, threaded inserts and riveting machines for inserts and rivets. The Website and the page dedicated to e-commerce are directly managed by Sacto S.r.l. Unipersonale and allow Users (as defined below) to:

• View the Products (as defined below) that can be purchased through the Web Site;
• Select the Products they intend to purchase, available for purchase;
• Use courier service to transport the Products to your home;
• pay the amount due to Sacto S.r.l. for the purchase of the selected Products, according to the Service (as defined below) chosen.

The company, as part of its policy of fairness and transparency, invites each user of the Web Site (hereinafter, the “user“), before beginning to browse the Web Site, to carefully read these terms and conditions (“t&c“) governing the services offered through the Web Site.

If you do not intend to accept these t&c and/or any other notes, legal notices, disclosures, or disclaimers posted on the website, please do not use the website or its services.

1. TERMS AND CONDITIONS OF USE

These T&Cs define and regulate the general conditions of use of the website and the Services provided to the User by Sacto S.r.l. as identified above, in the person of the legal representative pro tempore (the “Company” or “Sacto“).

The use of the Web Site by each User, regardless of whether he or she is a Visiting User, a Registered User, or an Occasional User (as defined below), is subject to the terms and conditions set forth in these T&Cs, even if the User does not use any of the Services or features available on the Web Site.

For the purposes of this agreement, the term “T&Cs” means the set of general rules for the use of the Website and the Services as well as the particular conditions governing the use of individual Services, including any document referred to herein or any other notes, legal notices, disclosures or disclaimers posted on the Website. The privacy policy (the “Privacy Policy“) and any additional terms and conditions listed in the various sections of the Web Site are to be considered an integral and substantial part of these T&Cs.

In these T&Cs, in addition to the terms elsewhere defined, the terms listed below shall have the meanings ascribed next to each of them. Specifically:

Website – means the website that can be reached at. www.sacto.it, but also all Internet addresses (e.g., URLs, domain names and pages) and/or related application software for the use of the Services that the Company controls or manages and that are used to offer or provide the Services as well as all mirrors, replacements and backups and all web pages that the sites include.

For clarity, it is specified that any reference to the “Website” in these T&Cs includes all current or future versions of the website www.sacto.it and this is the case regardless of whether, in either case, access is through a currently existing platform or device or through a future platform or device (including, without limitation, any mobile site, mobile application, affiliated or related site intended to provide access to Sacto S.r.l.’s site or services that may be developed over time).

Company – this means Sacto S.r.l. As identified above.

Service – means individually or collectively any service and all associated features offered on the Web Site either free of charge or for a fee and offered directly by the Company or by third parties. The term “Service” includes, in the absence of specification, the Web Site and all services including paid services, functions, and features that are offered within the Web Site and that are otherwise made available to Users.

User – means anyone who uses or is about to use or enjoy the Services and/or the Web Site.

Visitor User – means a user who browses the Web Site and/or uses the features and/or Services made available to the generality of Users without registering on the Web Site or subscribing to any Services.

Registered User – means a user who registers by providing personal information to gain access to use the Service accessible only after Registration (as defined below) at the Website.

Products – the products sold through the Web Site to Users.

Carrier or courier – transportation company or freelancer delegated to transport the Products from Sacto S.r.l. to the User.

2. VARIATION IN T&C

The Company reserves, as set forth below, the right to update, supplement, and amend all or any part of the terms of these T&Cs and each of the documents referred to herein, including the Privacy Policy, the Services and their respective features, and, but not limited to, the fees for use of the Services published therein.

The User agrees to periodically review the T&Cs.

Sacto S.r.l. reserves the right to change the current version of these general conditions at any time without prior notice, therefore, the User at the time of sending the order is required to periodically consult the T&Cs available on the Website and review the version applicable at the time of purchase.

Changes to the T&Cs and/or related Services will be effective upon posting on the Web Site and will apply only to sales concluded thereafter.

Changes and updates will be deemed to have been accepted by Users by connecting to the Web Site or using the Web Site after the change has been posted on the Web Site.

If the User does not agree with the changes made, the User is requested not to use the Web Site and, if he or she is a Registered User, may request deletion of his or her account.

3. AGE AND RESIDENCE

The Web Site and the Services offered are intended for Users residing in the Italian territory who have reached the age of 18 (eighteenth) years. The Service is provided automatically by computerized systems.

The User who intends to register or subscribe to the Service by proceeding to Registration and subsequently to the selection of the Services guarantees that he/she is of legal age, and that the personal data provided are true, correct, up-to-date, refer to the person who enters them or entered with the consent of the third party, assuming all responsibility regarding the correctness and truthfulness of the information provided. Should there be any changes in the data provided by the Users, it will be the responsibility of the Users to inform the Company of the updates as soon as possible.

4. WEBSITE REGISTRATION

Navigation of some sections of the Web Site and use of the Service offered within the Web Site can also be accessed by Visiting Users free of charge.

The Company reserves the right to allow, even temporarily, Visiting Users to use the Service and access certain areas normally reserved for Registered Users.

For full and complete enjoyment of the Service offered by the Web Site, registration with the Web Site is required.

4.1. Ways to register for the Web Site

In order to make use of the Services, the User is required to register by providing certain personal information (hereinafter, the “Registration“), indicating a valid personal e-mail address, and creating his or her own personal account (hereinafter, the “Profile“), following the relevant registration procedure outlined from time to time at the time of Registration, to enable the Company to have a sufficient purchase profile to provide the Services.

Access to the Site is permitted only by use of the username and password chosen during Registration.

The Registered User may at any time access his or her Profile to update or modify the data entered, including information regarding his or her preferences. It is understood that the Registered User will be solely responsible for the veracity and updating of such information.

In the event that the User does not complete the Registration or authentication process after providing the e-mail address and/or other data required for Registration, the User may receive a limited number of communications inviting him/her to conclude the registration process and describing the service for which the registration process was initiated, without prejudice to the User’s right to delete his/her data and delete his/her Profile from the Website by writing to sacto@sacto.it with the subject line “Request for cancellation.”

4.2. E-mail

The Registered User agrees to provide a personal e-mail address, which he/she guarantees to have legitimately and to which he/she regularly accesses. The Registered User also undertakes to promptly update his/her e-mail address registered on the Profile in the event of a change. Profiles registered with the e-mail address belonging to parties other than the Registered User or with temporary e-mail addresses may be deleted by Sacto without notice. Sacto also reserves the right to validate individual accounts where it has reason to believe that the e-mail addresses provided are invalid.

4.3. Deleting Profile

At any time, Users may delete their Profile by sending written notice to the following address sacto@sacto.it.

5. PRODUCTS

5.1. Offered to the public

All Products and prices stated in the Services constitute an offer to the public subject to the limitations and terms contained in the Web Site itself and in these T&Cs.

5.2. Graphic dress

The illustrative photographs of the Products are for representational purposes only and are intended solely to present the Products. Accordingly, the Company disclaims all liability and makes no warranty with reference to the correspondence of the graphic appearance of the Products published on the Web Site and that of the Products delivered.

5.3. Products per package

In the event that the Products purchased through the Services include one or more such products per package, the Company will charge only the price calculated at the time of the order, without any consideration of price increases or decreases, including for promotions, that may have occurred subsequently or previously concluded.

5.4. Prices

All prices are inclusive of VAT. The cost of delivery and handling service is not included in the price of the Products unless expressly stated (subject to any promotions).

6. THE SERVICE.

The Service offered by Sacto S.r.l. to Registered Users is a service that allows:

• View the Products that can be purchased through the Web Site;
• Select the Products that the User intends to order and purchase;
• Pay the amount due to the Company for the purchase of the Products offered on the Web Site;
• Use the delivery service for the Products to the delivery address provided by the User.

Following the Registered User’s successful Registration on the Web Site, the Registered User shall be entitled to purchase Products by availing himself/herself of the Service and thereby making individual charges by selecting from time to time the Products he/she wishes to receive.

6.1. Purchasing Products

The User, by logging on to the Website, will be able to select the relevant city as well as view all the Products available for purchase, selecting those of interest and adding them to the shopping cart.

After finishing the individual shopping, by clicking on “Shopping Cart”, in the “Products” section, the User will be able to (i) check the Products added to the shopping cart, the relevant purchase price and the total cost of the individual shopping, (ii) add or delete the selected Products by clicking on the relevant symbols, and (iii) proceed to the purchase of the Products by clicking on “Checkout or Buy”.

In the “Checkout or Buy” section, the User will need to confirm their shipping and billing information and complete the purchase order by proceeding to payment via one of the available payment methods.

6.2. Purchase order

A purchase order completed by the User following the procedure set forth in Section 6.1 above shall only be binding on the Company if the entire order process has been completed regularly and correctly without any evidence of error messages from the Website.

The Company will verify the purchase order and the availability of the Products.
The Company’s acceptance of the purchase order will result in the immediate debit of the amount of the individual charge according to the payment method selected by the User.

Following acceptance of the order, the User will receive e-mail confirmation of the purchase with an express indication of the summary of the Products ordered and their prices and the general and particular conditions applicable to the order itself.

The User purchases the product, the nominal characteristics of which are illustrated online in the relevant descriptive and technical sheets, at the price indicated therein to which is added the delivery charges specified on the site.

Where the products covered by the order are unavailable due to causes beyond the Company’s conduct, the Company shall promptly notify the customer. In such case, the Company shall not be liable in any way for the unavailability of the products covered by the order and there shall be no obligation on the Company to deliver the goods ordered.

In any case, if the products ordered are not available Sacto will without any delay refund, in favor of the customer, any amount already paid, if any.

6.3. Fee and payment method

To proceed with the purchase of the Products, the Occasional User must select the payment method from those available on the Website.

6.3.1. Payment by credit card or through the PAYPAL payment system

Credit Card

The circuits on which you can purchase within the Web Site are:

• VISA
• MASTERCARD
• AMERICAN EXPRESS
• DINERS CLUB
• DISCOVER

To ensure maximum security, the Registered User will make the payment transaction directly on the secure server of the payment system provider.

Credit card payment information is processed directly by the payment system provider without any storage by the Website or the Company.

PayPal

Once the order has been confirmed, the Registered User will be redirected to the PayPal website where he/she can make the payment with his/her account or by using a card, including a prepaid card, or otherwise in the manner accepted by Paypal and in accordance with the relevant conditions to which reference is made.

WARNING

By activating the Service, the User:

(a) guarantees the availability of the amount needed to pay for the Products ordered through the Service;

b) expressly authorizes the Company to make the receipt/invoice for the Service available on the personal profile where it will be available for downloading the electronic document and/or sending it by email to the address indicated during registration.

6.3.2. Billing

If the purchase is made by a professional or a company, it will be possible to request the issuance of the electronic invoice by checking the appropriate box during the order process and entering the billing data including tax code, VAT number and unique code of the recipient or the PEC address. The professional or company is responsible for the correct entry of the billing data and is expressly informed that if the invoice is not requested during the order process, it will not be possible to request it later.

7. DELIVERY OF PRODUCTS

7.1. Mode of delivery

The Company will arrange delivery of the Products to the domicile indicated by the User by means of selected professional Carriers (courier).

The purchased goods, together with the relevant invoice, are delivered by courier to the address specified by the User at the time of the on-line order. Any specific requirements must be communicated well in advance to Sacto S.r.l.

Delivery is usually made in 5 (five) working days from the day after receipt of the order; in any case, the goods will be delivered according to the average time standards provided, unless sold.

7.2. Complaints

Upon delivery of the goods, the User, or the person appointed by him, will be required to verify that the packaging is intact, undamaged or otherwise altered. Any damage to the packaging and / or the Products must be immediately contested by the User, affixing, on the delivery document of the Carrier, written control reserve and specifying the reason for the reserve (by way of example, “punctured packaging”, “tampered packaging”). For any anomalies found on the Products, other than the mere imperfection of the packaging due to transportation, the User may contact the Company at the email address info@sacto.it or via the “Contact Us” section of the Website and specifying the defects found and documenting it with photographic material.

7.3. Failure to deliver

The Registered User acknowledges and agrees that in the event of impossibility of delivery of the Products due to his (or her) (or the person in charge of receiving the shopping) non-attendance at the time of delivery on the agreed day and time slot, the Products will not be reversed from the order and the amount thereof will not be credited back to the User.

7.4. Responsibility

The Company undertakes to perform the Services in good faith and to fulfill, or cause to be fulfilled, with the utmost diligence all the obligations established herein in the spirit of solidarity and self-organization that characterizes and must characterize all the activity and services offered and used by Users through the Web Site.

The Company shall not be responsible for any delays occurring during transportation. Likewise, the Company shall not be liable for any loss, damage, wrong or non-delivery caused by events and/or causes of force majeure or fortuitous events, such as but not limited to: natural disasters, adverse weather conditions (such as intense snowfall), any strikes (of its own or other employees), accidents to means of transport, explosions or any other cause, similar or different, occurring beyond the Company’s control and not attributable to it, even pre-existing, that prevents or aggravates the total or partial performance of the contract.

Any delivery terms are for illustrative purposes only and are not to be considered, under any circumstances, as “essential” within the meaning of Article 1457 of the Italian Civil Code and any failure to meet them will not entitle the Service User to any refund or compensation.

8. RIGHT OF WITHDRAWAL AND WARRANTY

8.1. Cases of exclusion of the right of withdrawal

Pursuant to Article 59(1)(d) and (e) of Legislative Decree No. 206 of September 6, 2005(Consumer Code), the right of withdrawal is excluded in relation to:

(a) Goods purchased by a User who is not a consumer and/or requires an invoice;

(b) Assets that are likely to deteriorate or expire rapidly; and

(c) Sealed goods that are not suitable to be returned for hygienic or health protection-related reasons and that have been opened after delivery.

8.2 Exercise of the right of withdrawal

The User may exercise the right of withdrawal, pursuant to Article 52 et seq. of Legislative Decree 206/2005, in relation to specific Products, other than those listed in the preceding paragraph, provided that these, after delivery, have not been opened or their seal has been altered.

In cases where the exercise of the right of withdrawal is permitted, the User has the right to withdraw from the purchase contract for any reason, without explanation and without penalty.

In order to exercise the right of withdrawal, the User must send to Sacto S.r.l., within the term of 14 days from the date of delivery of the Products, a written notice by e-mail to the following email address info@sacto.it with the subject line “Exercise of the right of withdrawal” and expressly stating their desire to withdraw and providing the following additional information:

i. purchase order number and date;

ii. delivery date of the purchase order;

iii. the name and address of the User;

iv. the provision of an email and telephone number for the User;

v. code of the article or articles for which the right of withdrawal is to be exercised.

The right of withdrawal applies to the Product purchased in its entirety; therefore, if the Product consists of several components or parts, the right of withdrawal cannot be exercised only on part of the Product purchased.

Upon receipt of the notice of exercise of the right of withdrawal, Sacto S.r.l. will open a file for the management of the return and communicate to the User the instructions on how to return the Products, which will take place via courier indicated by Sacto S.r.l.

If the right of withdrawal is exercised, the Company will refund the User the full amount of the returned Products, within 14 days from the date on which the notice of withdrawal was received, without prejudice to Sacto S.r.l.’s right to suspend payment of the refund until the actual receipt of the Products. The refund will be made using the same method of payment used by the User.

Return delivery costs remain the responsibility of the withdrawing party and will not be refunded under any circumstances, unless otherwise agreed in writing by the parties.

8.3 Warranty

Products that are found to be defective by Sacto S.r.l. will be replaced or repaired under warranty.

The legal and contractual warranty is operated only in the presence of defects dependent on manufacturing defects.

Sacto S.r.l. does not warrant for defects due to: i) damage caused during transportation; ii) negligent or improper use of the product; iii) failure to comply with Sacto S.r.l.’s instructions regarding the operation, maintenance and storage of the asset; iv) repairs or modifications made by the User or third parties without prior authorization from Sacto S.r.l.

In any case, products damaged due to wear and tear within the norm will not be replaced.

9. USER’S OBLIGATIONS

You agree not to use the Web Site and/or Related Services for any purpose that is unlawful or not covered in these T&Cs. You may not use the Web Site or Related Services in a manner that damages or otherwise impairs the Web Site or interferes with the use and enjoyment of the Web Site of Related Services by other Users.

The Registered User is required to keep his or her Profile login credentials confidential and is responsible for any use of the Web Site that is made by anyone accessing it using his or her credentials. The Registered User agrees in each case to (i) not use machines, algorithms, software, or other automated functions to generate page or material retrievals, (ii) not generate page retrievals, through “chain letters,” e-mails, or other means, by which a person or group of persons is requested to consult a page, and (iii) notify the Company immediately in the event of a suspected breach of security of his or her Profile.

10. LIMITATIONS OF LIABILITY

The Company is committed to the implementation of the rules relating to the storage and custody of the products until the time of delivery to the carrier appointed to deliver the goods at the place indicated by the User; any liability relating to the poor condition of the Products due to improper storage after the time of delivery or at other delivery points authorized by the user is excluded.

The Company accepts no responsibility for the information, data, and any technical or other inaccuracies that may be contained in the Web Site.

Any disputes concerning the performance of the Service may be raised, under penalty of forfeiture, within 48 (forty-eight) hours after delivery by writing to info@sacto.it or via the “Contact Us” section documenting the dispute also with photographic material.

The Company shall not be liable for any damages resulting from inaccessibility to the Services arising from problems related to the network, providers or telephone and/or telematic connections over which it has no control, failure and/or malfunction of the User’s electronic equipment or the Company’s suppliers.

The Company assumes no responsibility for content created or published on third party sites with which the Website has a hyperlink (“link”). The User who decides to visit a website linked to the Web Site does so at his or her own risk, assuming the burden of taking all necessary measures against viruses or other malware.

11. RESOLUTION. TERMINATION OF SERVICES.

The Company reserves the right to notify the User of the prohibition of access to and use of Website and Services, or any part thereof, at any time and with immediate effect, in the event of violation by the User of its obligations under Articles 6.3(Fee and Payment Terms) and 9(User’s Obligations) above.

Access to the Web Site may also be temporarily interrupted in case of technical problems or to ensure its maintenance. Notice of such interruptions will be given on the Web Site if possible.

At any time, the Company may make improvements and/or changes to the Website and Services if this is necessary for technical reasons or in order to comply with applicable regulations.

The Company also reserves the right to discontinue, in whole or in part, the provision of the Services at any time and upon reasonable notice in order to allow Occasional Users and Registered Users to enjoy the orders submitted. In such instances, the Company will give timely notice to Registered Users, by email and generally to Users, by notice on the Web Site.

12. ADDITIONAL INFORMATION. SUSPENSION OF SERVICES

The Company reserves the right to ask the User for additional information or to send copies of documents proving the ownership of the card used.

The Company reserves the right not to accept the purchase order and/or to terminate with immediate effect the obligations arising from these T&Cs in accordance with the provisions of Article 11 above (Resolution. Termination of Services ) in case the User fails to provide the information and/or copies of documents proving the ownership of the card used for payment of the ordered Products.

Notwithstanding the Company’s right to terminate with immediate effect these T&Cs in accordance with the provisions of Article 11 above (Resolution. Termination of Services ), the Company shall also have the right to suspend all or part of the Service if the amounts necessary to purchase the Products ordered in accordance with the provisions of the preceding paragraphs are not available.

Under no circumstances shall the Company be held liable for any fraudulent use of credit cards by third parties when paying for Products purchased on the Web Site.

13. PRIVACY POLICY.

The Company will process Users’ personal data in compliance with the privacy regulations as defined in detail in the information on the processing of personal data, Privacy Policy, available in the respective section of the Web Site.

14. APPLICABLE REGULATIONS. CONTROVERSIES

14.1. Applicable law

These T&Cs, including the documents referred to herein and other legal notices published on the Web Site and in general the relationships between the Company and the Users of the Web Site are governed by and shall be interpreted in accordance with Italian law.

14.2. Extra-judicial conciliation

Pursuant to Article 49 paragraph 1 letter V of Legislative Decree No. 206 of September 6, 2005(Consumer Code), the Registered User may make use of the joint conciliation procedure (the “Joint Conciliation“).

The procedure may be initiated if the Registered User after submitting a complaint to Sacto S.r.l., within the period of 30 days has not received a response or has received a response not deemed satisfactory by him.

The Registered User who decides to make use of the Joint Conciliation procedure is obliged to forward the application to: conciliazione@consorzionetcomm.it or to fax number 02/87181126.

For more information: http://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/La-Conciliazione-Paritetica

Pursuant to Article 14 of EU Regulation No. 524/2013, the Registered User may also make use of the “ODR Platform” (Online Dispute Regulation).

14.3. Further Disputes

Any disputes connected with and related to the use of the Web Site and the Services contemplated therein, which are not susceptible to settlement through the Joint Conciliation procedure referred to in paragraph 14.2, are reserved to the Italian jurisdiction and to the mandatory and exclusive territorial competence of the Court of Monza.

Specific approval of T&Cs pursuant to and in accordance with Articles 1341 and 1342 of the Civil Code.

Pursuant to and for the purposes of Articles 1341-1342 of the Civil Code, the parties declare that they have read and understood, and therefore expressly approve, Articles: 2(Variation of T&Cs), 4(Website Registration), 5(Products), 6(The Service), 7(Delivery of Products), 8(Right of Withdrawal and Warranty), 9(User’s Obligations), 10(Limitations of Liability) 11 (Resolution. Termination of Services ), 12 (Additional information. Suspension of Services ) e 14 (Applicable regulations. Disputes ).

By granting your final authorization for Registration, therefore, you fully and explicitly approve, without reservation, the above clauses and identified in part in the preceding paragraph.