Terms and Conditions of www.ntesrl.net
These Terms govern
• the use of this Application and
• any other Agreement or legal relationship with the Owner
in a binding way. Capitalized expressions are defined in the related section of this document.
The User is please asked to read this document carefully.
The subject responsible for this Application is:
New Tecnology Electronics Srl
VAT: 03517570929 - REA CA-277706
16, Via Baudi di Vesme street, 09016 Iglesias SU
Lab in Milan
19, Piazza Carrara square, 20141 Milan MI
Owner e-mail address: info@ntesrl.net
To know at a glance
• The right of withdrawal only applies to European Consumers.
• Please note that certain regulations of these Terms may only be applicable to certain categories of Users. Some regulations may apply only to Consumers or only to Users who don’t act as Consumers. These limitations are always explicitly mentioned in each regarding clause. In case of no mention, the clauses apply to all Users.
TERMS OF USE
Unless otherwise stated, the conditions of use of this Application shown in this section are valid for all users.
Additional conditions of use or access applicable situations are expressly indicated in this document.
By using this Application, the User declares to meet the following requirements:
• There are no restrictions on Users with respect to whether they are Consumers or Professional Users.
Registration
To use the Service, Users can open an account indicating all the data and information requested in a complete and truthful way.
You can also use the Service without registering or creating an account. In this case, however, certain functions may not be available.
It is responsibility of the Users to keep their access credentials safe and preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available for this Application.
By creating an account, the User agrees to be fully responsible for any activity carried out with his access credentials.
Users are required to inform the Owner immediately and unequivocally through the contact details indicated in this document if they believe that their personal information, such as the User account, access credentials or personal data, have been violated, unlawfully disclosed or subtracted.
Account closure
The User is free to close their account and stop using the Service any time, following this procedure:
• By contacting the Owner with the contact details in this document.
Suspension and cancellation of account
The Owner reserves the right to suspend or cancel a User account at any time at his discretion and without notice, if he deems it inappropriate, offensive, or contrary to these Terms.
The suspension or cancellation of the account doesn’t give the User any right to compensation, reimbursement, or refund.
The suspension or cancellation of an account for reasons attributable to the User doesn’t exempt the User from paying any fees or prices that may be applicable.
Contents on this Application
Unless otherwise stated or clearly recognizable, all content available on this Application is owned by or provided by the Owner or its licensors.
The Owner takes the best care to ensure that the content available on this Application does not violate the applicable legislation or third-party rights. However, this may not always be achieved.
In such cases, without prejudice to the rights and claims that can be legally exercised, Users are asked to submit the related complaints using the contact details specified in this document.
Rights to the contents of this Application
The Owner holds and expressly reserves all intellectual property rights on the 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 exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, granting sublicenses, transforming, transferring/alienating to third parties or creating works derived from the content available on this Application, to allow third parties to undertake such activities through their User account or device, even without their knowledge.
If expressly indicated on this Application, the User is authorized to download, copy and/or share certain contents available on this Application exclusively for personal and non-commercial purposes and on condition that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstances requested by the Data Controller.
The limitations and exclusions provided by copyright law remain unaffected.
Access to external resources
Through this Application, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.
The conditions applicable to resources provided by third parties, including those applicable to any concessions of rights to contents, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.
Permitted use
This Application 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 sole responsibility of the User to ensure that the use of this Application and/or the Service does not violate the law, regulations, or rights of third parties.
Therefore, the Data Controller reserves the right to take any suitable measure to protect his legitimate interests, and in particular to deny the User access to this Application or to the Service, terminate contracts, denounce any reprehensible activity carried out through this Application or the Service to the competent authorities – as the judicial or administrative authority - whenever the User puts in place or there is a suspicion that puts in place:
• violations of the law, regulations and/or terms;
• injury to third party rights;
• acts that can considerably prejudice the legitimate interests of the Data Controller;
• offenses to the Owner or to a third party.
TERMS AND CONDITIONS OF SALE
Paid products
Some of the Products offered on this Application, as part of the service, are provided for a fee.
The tariffs, duration, and conditions applicable to the sale of these Products are described below and in the respective sections of this Application.
To purchase the Products, the User is required to register or log into this Application.
Product description
Prices, descriptions, and availability of the Products are specified in the respective sections of this Application and are subject to change without notice.
Although the Products on this Application are presented with the highest technically possible accuracy, representation on this Application by any means (including, as appropriate, graphic materials, images, colours, sounds) is to be understood as a mere reference and does not imply any warranty on the characteristics of the product purchased.
The characteristics of the selected Product will be specified during the purchase procedure.
Purchase procedure
Each phase, from choosing the product to forwarding the order, is part of the purchase procedure.
The purchase procedure includes the following steps:
• Users are asked to choose the desired Product and to verify their purchase choice.
• After checking the information visible in the purchase choice, Users can place the order by forwarding it.
Sending the order
Sending the order involves the following:
• The sending of the order by the user determines the conclusion of the contract and gives rise to the obligation of the User to pay the price, taxes and any further charges and expenses, as specified on the order page.
• In case the purchased Product requires an active contribution from the User, such as the supply of information or personal data, specifications or special requests, the forwarding of the order also constitutes the obligation of the User to collaborate Consequently.
• Once the order has been sent, a confirmation of receipt of the order will be sent to the Users.
All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for that purpose.
Prices
During the purchase procedure and before submitting the order, Users are duly informed of all the commissions, taxes, and costs (including any shipping costs) which will be charged to them.
The prices on this Application are shown:
• net of fees, taxes and applicable costs excluded;
Means of payment
The details of the accepted means of payment are highlighted during the purchase procedure.
Some means of payment are linked to additional conditions or involve additional costs. Detailed information is given in the relevant section of this Application.
All payments are managed independently by third party services. Therefore, this Application does not collect payment data - such as credit card’s numbers - but receives a notification once the payment has been successful.
If the payment made by one of the available means fails or is refused by the payment service provider, the Owner is not obliged to execute the order. Any costs or commissions resulting from the failed or refused payment are charged to the User.
Retention of ownership
Until the owner receives the payment of the full purchase price, the User does not acquire ownership of the Products ordered.
Delivery
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 shown in this document or as described in the delivery note. Users can refuse to accept the package if visibly damaged.
Delivery can take place in the following countries or territories: Italy, Switzerland, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Luxembourg, Malta, the Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, Hungary.
Delivery times are indicated on this Application or during the purchase process.
The following applies to Users who do not act as Consumers:
Deliveries are made according to the conditions and times indicated on this Application.
Unless otherwise stated, shipping costs are charged to the User.
The risk of loss or damage to the goods passes to the User upon delivery to the courier.
If Users do not act as Consumers, the foregoing is replaced by the following rules on non-delivery:
B2B non-delivery
Unless otherwise specified, shipping costs are charged to the User.
The Owner is not addressable in any way for any errors, delays (including the case where the User does not collect the goods within the deadline set by the Owner or the courier), damage or loss of the goods after delivery to the courier.
If, in the inability to deliver them, the goods are returned to the Owner, the User is required to bear the costs of the consequent storage. The User is obliged to organize a new delivery attempt at his own expense, after agreeing with the Owner on appropriate timing and methods of collection.
Otherwise, the Owner may, at its discretion, withdraw from the contract or order a new delivery attempt at the expense of the User.
In both cases, the Data Controller reserves the right to compensation for any damage suffered due to non-delivery.
User rights
Right of withdrawal
Disregarding exceptions, the User may have the right to withdraw from the contract within the term specified below (normally 14 days) for any reason and without justification. The User can find more information on the right of withdrawal in this section.
Who owns the right of withdrawal
Unless one of the exceptions listed below does not apply, Users who act as European Consumers are legally entitled to withdraw from contracts concluded online (distance contracts) within the period of time applicable to the specific case for any reason and without the need for justification .
Users who do not meet these requirements do not own the rights described in this section.
Exercising 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 found 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. To respect 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 deadline expire?
• In case of purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by him and other than the courier - takes possession of the goods.
• In case of purchase of multiple goods ordered together but delivered separately or in the case of the purchase of a single asset consisting of several lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party - in charge and different from the courier - takes possession of the last of the goods, lots or pieces.
Effects of withdrawal
The Owner reimburses all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.
However, the higher cost resulting from the choice of a particular delivery method other than the cheaper standard delivery offered by the Owner will remain the responsibility of the User.
The refund takes place without delay and in any case within 14 days from the day on which the Data Controller was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursement is made using the same payment method used for the initial transaction. The User does not have to bear any costs because of the withdrawal.
...on contracts for the purchase of 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 them to receive them without 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 to another authorized person takes place before the expiry of the 14-day period described above. The refund can be retained until the goods are received or until the User has provided proof of having returned them.
The User is responsible for the decrease in the value of the goods resulting from a use of the goods other than the one necessary to establish their nature, characteristics, and functioning.
Shipping costs for the return are charged to the User.
Legal guarantee of product conformity
According to European legislation, the seller guarantees the conformity of 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 features promised or reasonably foreseeable for at least two years from the time of delivery to the buyer.
If Users act as European Consumers, the legal guarantee of conformity of the goods applies to the articles available on this Application in accordance with the laws of the country in which they habitually reside.
The national laws of this country may grant wider rights to these Users.
Consumers who do not act as European Consumers may enjoy rights of guarantee of conformity pursuant to the legislation of the country in which they habitually reside.
Limitation of liability and indemnity clause
European users
Indemnity clause
The User undertakes to indemnify and hold harmless the Owner and his subordinates, affiliates, officers, agents, brand owners, partners and employees from any claim or claim - including, without limitation, legal fees and expenses - made by third parties to due to or in connection with culpable behaviour such as the use or connection to the service, the violation of these Terms, the violation of third party rights or laws by the User, its affiliates, officers, agents, co-owners of the brand, partners and employees, to the extent required by law.
Limitation of liability for the User's activities on this Application
Unless otherwise stated and without prejudice to the applicable legal regulations on liability for product damage, any claim for compensation against the Owner (or any natural or legal person acting on his behalf) is excluded.
The foregoing does not limit the responsibility of the Data Controller for death, damage to the person or to physical or mental integrity, damage resulting from the violation of essential contractual obligations, such as the obligations strictly necessary to achieve the cause of the contract, and/or to the damage caused with wilful misconduct or gross negligence, provided that the use of this Application by the User has been suitable and correct.
Unless the damages were caused with wilful misconduct or gross negligence or affect life and/or personal, physical or mental integrity, the Data Controller is liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.
Common regulations
No implicit waiver
Failure by the Owner to exercise legal rights or claims deriving from these Terms does not constitute a waiver of the same. No waiver can be considered definitive in relation to a specific right or any other right.
Service interruption
To guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or for any other modification, giving appropriate information to Users.
Within limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In case of termination of the Service, the Data Controller will ensure that Users can extract their Personal Data and information according to the regulations of the law.
In addition, the Service may not be available for reasons that are beyond the reasonable control of the Owner, such as force majeure (e.g. strikes, infrastructure malfunctions, blackouts etc.).
Service Resale
Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit this Application or the Service whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program.
Privacy policy
Information on the processing of Personal Data is contained in the privacy policy of this Application.
Intellectual property
Without prejudice to any more specific regulation contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Application are held exclusively by the Owner or its licensors and are protected by international laws and treaties applicable to intellectual property.
All trademarks - denominative or figurative - and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with this Application are and remain the exclusive property of the Owner or its licensors and are protected under the international laws and treaties applicable to intellectual property.
Changes to the Terms
The Owner reserves the right to modify the Terms any time. In this case, the Owner will give appropriate news of the changes to the Users.
The changes will affect the relationship with the User only for the future.
Continued use of the Service implies acceptance of the User of the updated Terms. If the User does not want to accept the changes, he must cease using this Service. Failure to accept the updated Terms could result in the right of each party to withdraw from the Agreement.
The previous applicable version continues to govern the relationship until the User is accepted. This version can be requested from the Owner.
If required by applicable law, the Data Controller will specify the date by which changes to the Terms will take effect.
Contract assignment
The Owner reserves the right to transfer, assign, dispose of, novate, or contract individual or all rights and obligations according to these Terms, having regard for the legitimate interests of the Users.
The regulations relating to the modification of these Terms apply.
The User is not authorized to assign or transfer their rights and obligations according to the Terms without the written consent of the Owner.
Contacts
All communications relating to the use of this Application must be sent to the contact details indicated in this document.
Safeguard clause
If any of the regulation of these Terms would become null or ineffective under the applicable law, the nullity or ineffectiveness of that regulation does not cause ineffectiveness of the remaining regulations, which therefore remain valid and effective.
European users
If a regulation of these Terms would become null, invalid, or ineffective, the parties will work together to amicably identify a valid and effective regulation replacing the null, invalid, or ineffective one.
In the event of failure to agree within the terms, if permitted or required by applicable law, the null, invalid, or ineffective regulation will be replaced by the applicable legal framework.
Without prejudice to the foregoing, the nullity, invalidity or ineffectiveness of a specific regulation of these Terms does not imply nullity of the entire Agreement, unless the null, invalid or ineffective regulations within the framework of the Agreement are essential or of such importance, that the parties would not have concluded the contract if they had known that the regulation would have been invalid, or in cases where the residual regulations would entail an excessive and unacceptable burden for one of the parties.
USA users
Any invalid or ineffective regulation will be interpreted and adapted to the extent necessary to make it valid, effective and in accordance with the original purpose.
These Terms constitute the entire agreement between the User and the Owner with reference to the regulated object and prevail over any other communication, including any previous agreements, between the parties regarding the regulated object.
These Terms will be implemented to the fullest measure allowed by law
Applicable law
The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document regardless of the conflict rules.
Exception for European Consumers
However, regardless of the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.
Jurisdiction
The exclusive competence to know any controversy deriving from or in connection with the Terms lies with the judge of the place where the Owner is established, as indicated in the relative section of this document.
Exception for European Consumers
The foregoing does not apply to Users who act as European Consumers or Consumers located in Switzerland, Norway, or Iceland.
Dispute resolution
Friendly settlement of disputes
Users can report any disputes to the Owner, who will try to resolve them amicably.
Although the Users' right to bring an action in court remains unaffected, in the event of disputes concerning the use of this Application or the Service, Users are asked to contact the Owner at the addresses indicated in this document.
The User can address his complaint to the owner's e-mail address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.
The Data Controller will process the request without delay and within 21 days of its receipt.
Dispute resolution platform with Consumers
The European Commission has introduced an online platform for alternative dispute resolution which favours the out-of-court settlement of disputes relating to and arising from online sales and service contracts.
Therefore, every European Consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is available here.