Online laser cutting service. Terms and conditions. Cutstom.

ONLINE LASER CUTTING SERVICE

TERMS AND CONDITIONS

PRIVATE PERSONS

GENERAL CONDITIONS OF SALE TO INDIVIDUALS – Online laser cutting service

INTRODUCTION – DEFINITION OF ONLINE CONTRACT

By “on-line” supply contract we mean the distance contract having as its object – specifically – the supply of a service for the production of sheet metal products on the basis of the mere execution of a drawing provided by a customer.

The contract is stipulated between the supplier Cutstom with registered office in XXXXXXXXXXXX, Piva and c.f. XXXXXXXXXX and a consumer customer, as part of a remote contracting system that exclusively uses remote communication technology called “internet”. All contracts, therefore, will be concluded directly through the customer’s access to the website corresponding to the address, www.cutstom.com where, following the indicated procedures, he will conclude the contract for the supply of the goods.

By consumer we mean the natural person who acts for purposes unrelated to and not directly related to any professional activity carried out.

Below are the general conditions of supply, of which the premise is an integral part, which will remain effective until changed by the supplier. Any changes to the supply conditions will be effective from the moment they are published on the website www.cutstom.com and will apply to supplies made from that moment on.

1. OBJECT

These general conditions have as their object and govern the supply by Cutstom of a service for the production of sheet metal products on the basis of the mere execution of a drawing provided by the customer. The drawing in “.dxf” format must be sent by the consumer customer to the on-line supplier.

In the execution of the design, the supplier will be directly and totally conditioned to the instructions received and summarized in the order confirmation by the customer, without the possibility of checking and correcting any errors in the project and design provided, as it is a mere execution.

The supply contract is finalized through the exact compilation and the consent to the execution expressed through the “on-line” accession in the appropriate FORM.

The customer undertakes and undertakes, once the online order procedure has been completed, to print and keep these supply conditions, already viewed and accepted during the order process.

2. SALE PRICES AND PURCHASE METHOD – Online laser cutting service

The price to which the parties refer, for the purposes of these general conditions, is that expressly indicated in the order confirmation sent by the supplier to the customer. The total cost of the supply includes VAT and any other statutory tax.

The cost of transport is duly highlighted on the appropriate page within the site that the customer will take care to view before confirming the purchase; in case of delivery to be made in a foreign country, the customer will be responsible for any additional costs due to taxes or duties provided for by the legislation in force in the country of destination.

For supplies made to non-EU countries, the price must be reversed by the VAT tax (20%). If during the supply there are increases in materials, labor or other cost elements, the supplier remains entitled to adjust the prices starting from the dates on which such increases occurred.

The customer must pay for the ordered goods using the payment methods indicated “online” at the time of purchase. Payment is considered valid if made directly to the supplier and accepted by the supplier in the manner indicated in the order form, however in the currency indicated in the accounting documents. Any payment made differently from that agreed will not be considered valid by the supplier.

3. EXECUTION OF THE CONTRACT AND METHOD OF DELIVERY (ART. 54 COD.CONS)

Delivery is understood to be made when the products are delivered by the Supplier to the carrier for forwarding to the customer. The delivery date of the products is that indicated in the written order confirmation. The Cutstom company will deliver the ordered products to the customers in the manner referred to in the previous article, by means of trusted couriers and / or shippers.

The Supplier carries out the packaging for the shipment of the Products in the form deemed most appropriate and is not liable for any failures, breakages, tampering and shortages that may occur after leaving its warehouses. The packaging is carried out according to experience of use, except for specific requests made by the customer which must be specifically formulated in writing in the order. Any complaints or disputes arising from or related to transport and / or complementary and / or subsequent operations thereto, must be submitted exclusively by the customer to the carrier or any third party responsible.

The Supplier is exonerated from any liability in the event of loss or damage to the products caused by inaccurate transport or handling.

In case of absence of the recipient at the time of delivery, a notice will be left and the customer will have to personally contact the courier or forwarder as soon as possible to agree on the delivery method.

Unless otherwise agreed between the parties, the contract must be executed within thirty days from the day following that on which the customer sent the order to the supplier (Article 54 of Legislative Decree 6/9/2005 n.206). Delivery times may vary depending on the shipper selected. If the customer refuses to receive the products made available to him with the aforementioned methods, the Supplier will still be entitled to payment of the agreed price. In case of failure to collect the products within five days from the date of making them available, the Supplier has the right to deposit the products in a warehouse, at the customer’s risk and expense.

Delivery will be mainly carried out by road level carriers. However, no responsibility can be attributed to the supplier for delayed or non-delivery due to force majeure or unforeseeable circumstances.

The Supplier reserves the right to extend the delivery terms, without being in any way obliged to pay any indemnity in the following cases: a) causes of force majeure such as strikes, lack or insufficiency of energy, fire in the companies Supplier and / or any event not attributable to the latter; b) insufficiency, inaccuracies or delays on the part of the customer in the transmission of the information necessary for the execution of the order; c) any changes accepted by the Supplier after receipt of the order; d) difficulties in the supply of raw materials.

At the customer’s discretion, it is also possible to apply an insurance policy on the product during transport, with a cost increase that may vary depending on the carrier.

4. LIABILITY IN CASE OF DISSERVICES DUE TO FORCE MAJEURE CAUSES

The Cutstom company assumes no responsibility for inefficiencies attributable to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods or other similar events that prevented, in whole or in part, from being executed on time. agreed to the contract. The Cutstom company will not be liable to any party for damages, losses and costs incurred as a result of the failure to execute the contract, for the aforementioned reasons, as the customer is entitled to a refund of the price paid.

5. LIABILITY IN CASE OF FRAUDULENT USE OF THE PAYMENT CARD (SEE ART. 56 COD.CONS)

The Cutstom company is not responsible for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment, upon payment of the purchased products.

In the event of fraudulent use of the payment card by third parties, without prejudice to the application of art. 12 of the d.l. 3/5/91 n. 143, converted with amendments by law 5/7/91 n. 197, the payment card issuing institution will re-credit these payments to the customer, charging the supplier with the amounts credited back to the customer pursuant to Article 56 of Legislative Decree 206/05.

The Cutstom company, in fact, at no time during the purchase procedure is able to know the buyer’s credit card number which, by opening a secure connection, is transmitted directly to the banking institution managing the service.

6. CONFORMITY DEFECTS AND PRODUCT WARRANTIES – Online laser cutting service

The guarantee of conformity of the product made by the supplier to the design provided by the customer is two years and starts from the date of delivery of the product.

The Supplier exclusively guarantees that the products comply with the indications and technical specifications contained in the project and drawing created and sent personally online by the customer to the Supplier.

The warranty does not cover parts of the products subject to wear and defects of conformity to the design resulting from improper storage or use of the products, from alterations or repairs carried out by the customer without the prior written consent of the Supplier.

Complaints proposed by the customer for non-conformity of the product supplied by the transmitted design must be submitted in writing by fax letter or registered letter with acknowledgment of receipt and brought to the attention of the Supplier within two months from the discovery of the defect, under penalty of forfeiture of all rights.

The document must contain: 1) all the data contained in the order; 2) Supplier invoice number; 3) product shipment date (delivery note date); 4) defects found in relation to the design provided; 5) name and contact details of the contact person to contact.

The supplier reserves the right to examine the validity of the complaints at its operational headquarters in XXXXXXXXXXXXXXX.

If the complaint proposed in the manner indicated above is found to be well founded, pursuant to art. 130 of the legislative decree 206 / 05- cod.cons, the customer will have the right to restore, without charge, the conformity of the product to the design by correction or replacement, or to an adequate reduction in the price or to terminate the contract.

The customer can ask the supplier, at his choice, to correct the good or replace it, free of charge in both cases, unless the requested remedy is objectively impossible or excessively burdensome compared to the other, meaning that one of the two remedies is excessively burdensome if imposes unreasonable costs on the supplier in comparison to the other, taking into account: a) the value that the asset would have if there were no lack of conformity; b) the extent of the lack of conformity; c) the possibility that the alternative remedy can be carried out without significant inconvenience to the consumer.

Corrections or replacements must be made within 30 days.

The customer can also request, at his choice, an appropriate reduction in the price or the termination of the contract if one of the following situations occurs: a) correction and replacement are impossible or excessively expensive; b) the supplier has not corrected or replaced the goods within 30 days c) the replacement or correction does not conform to the drawing again.

In determining the amount of the reduction or the sum to be returned, the price paid initially by the consumer customer is taken into account.

A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies of the correction or replacement, does not give the right to terminate the contract.

In any case, the supplier’s liability for lack of conformity of the products supplied with the drawing cannot exceed the value of the price paid initially by the customer.

In the event of replacement of the goods, the supplier’s right to return the disputed supply is reserved. In the event that the complaints prove to be unfounded, the supplier may charge the cost of the inspection to the customer. However, complaints and disputes do not give the customer the right to delay or suspend payments.

7. OBLIGATIONS OF THE CUSTOMER

The customer undertakes and obliges, once the “on-line” purchase procedure has been completed, to print and keep these general conditions, as well as the specifications of the product to be supplied. It is strictly forbidden for the customer to enter false and / or invented and / or fictional data in the registration procedure necessary to activate the procedure for the conclusion and execution of this contract and related further communications for him; the personal data and the e-mail address must be exclusively their own and not those of third parties, or fictitious.

It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. The Cutstom company reserves the right to legally pursue any violation and abuse that may be ascertained, in the interest and for the protection of its customers.

8. RIGHT OF WITHDRAWAL – Online laser cutting service

By virtue of art. 55, paragraph 2 let. C) of the legislative decree 206/05 (Consumer Code) the right of withdrawal is excluded since it concerns the supply of goods made to measure and on technical specifications expressly indicated in the drawing by the consumer customer.

9. CONTRACTUAL RESOLUTION

The Cutstom company has the right to terminate the stipulated contract by simply communicating it to the customer with adequate and justified reasons; in this case, the customer will only be entitled to a refund of any sum already paid.

10. CLAUSOLA RISOLUTIVA ESPRESSA

The obligations assumed by the customer, as well as the guarantee of the successful completion of the payment, are essential, so that by express agreement, the customer’s non-fulfillment of only one of these obligations will result in the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without prejudice to the right for the company Beta Meccanica srl to take legal action for compensation for further damage.

11. CONFIDENTIALITY OBLIGATIONS – Online laser cutting service

All news concerning the know-how and / or patents owned by the Supplier, as well as other commercial and company information, of which the customer will become aware in the course of any negotiations and the execution of the contract must be considered confidential and not usable neither directly nor indirectly by the customer, except within the limits necessary for the correct execution of the contract, nor should they be disclosed to third parties. Confidential data includes news relating to the supplier’s plants, means of production and other company assets, as well as the models and organization of production and services rendered by the supplier, commercial initiatives, customers, management the performance of the supplier’s company, relations with third parties and so on. The customer undertakes to take all reasonable precautions to keep such information secret.

12. EXEMPTION FROM LIABILITY

The customer releases the supplier from liability in relation to any claims of third parties based on the violation of intellectual or industrial property rights arising as a result of the supply of the products based on the customer’s design and by virtue of their subsequent use by the customer.

13. PROVISION AND PROCESSING OF PERSONAL DATA – Online laser cutting service

Personal data is collected for the purpose of registering the customer and activating the procedures for the execution of this contract and the related necessary communications towards him; these data are processed electronically in compliance with the laws in force and may only be exhibited at the express request of the judicial authority or other authorities authorized for this purpose by law. The personal data will be communicated to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and disseminated exclusively for this purpose.

The interested party providing their free and informed consent to the processing of their personal data pursuant to art. 13 of the legislative decree 196/03 (privacy code), by signing the appropriate form, enjoys the rights set forth in art. 7 of Legislative Decree 196 of 30.06.2003, namely: to ask for confirmation of the existence of their personal data from the company Beta Meccanica srl; to know their origins, the logic and the purposes of their treatment; to obtain its updating, rectification and integration; to request cancellation, transformation into anonymous form or blocking in the event of unlawful processing; to oppose their processing for legitimate reasons or in the case of use of the data for sending advertising material, commercial information, market research, direct sales and interactive commercial communication.

The owner and manager of the collection and processing of data is the company Cutstom, with registered office in XXXXXXXXXXXXXXXXXXXXXX.

Attention to the security and confidentiality of customer data is a priority for the Cutstom company; information relating to the person, orders and purchases made are strictly confidential and will not be disclosed or sold to external companies for promotional purposes. The information provided will be used exclusively for the purpose of sending newsletters, communicating particular news, promotions, offers of new products, unless a contrary intention is expressed at the time of registration or subsequently by sending an e-mail to info@cutstom. com

14. JURISDICTION AND COMPETENT COURT

Any dispute relating to the application, execution, interpretation and violation of this contract stipulated “on-line” through the website www.cutstom.com is subject to Italian law and in particular, although not expressly provided for therein, to the rules on contracts remote provided for in Legislative Decree 206/05 – Consumer Code Articles 50 to 61 and Legislative Decree 9 April 2003 n. 70 on electronic commerce.

For any dispute between the parties arising out of this contract, the Court of Vicenza will be competent.

WITH SPECIFIC APPROVAL pursuant to and for the purposes of art. 1341 cc: the customer declares to have carefully read and expressly approve the following clauses of the general contract conditions:

1. SUBJECT; 2. SALES PRICES AND PURCHASE METHOD; 3. EXECUTION OF THE CONTRACT AND METHOD OF DELIVERY; 4. LIABILITY IN CASE OF DISSERVICES DUE TO FORCE MAJEURE CAUSES; 5. LIABILITY IN CASE OF FRAUDULENT USE OF THE PAYMENT CARD (SEE ART. 56 COD.CONS); 6. DEFECTS OF CONFORMITY AND PRODUCT WARRANTIES; 7. OBLIGATIONS OF THE CUSTOMER; 8. RIGHT OF WITHDRAWAL; 9. CONTRACT RESOLUTION; 10. EXPRESS TERMINATION CLAUSE; 11. CONFIDENTIALITY OBLIGATIONS; 12. EXEMPTION FROM LIABILITY; 13. CONFERENCE AND PROCESSING OF PERSONAL DATA; 14.JURISDICTION AND JURISDICTION

COMPANIES

GENERAL CONDITIONS OF SALE TO COMPANIES – Online laser cutting service

1. OBJECT

These general conditions have as their object and govern the mere execution of a movable asset by the supplier Cutstom (hereinafter Supplier), consisting in the realization in sheet metal of a drawing, in “.dxf” format, customized and created to measure by the customer and which is sent directly online to the supplier by the latter.

The supply contract is finalized through the exact compilation and the consent to the execution expressed through the “on-line” accession in the appropriate FORM.

The customer undertakes and undertakes, once the online order procedure has been completed, to print and keep these supply conditions, already viewed and accepted during the order process.

2. CONCLUSION OF THE CONTRACT

The purchase order formulated in writing by the customer is considered irrevocable until acceptance or rejection by the Supplier. The contract is concluded when the written order confirmation from the Supplier is received by the customer. The contract will be concluded directly through the access by the customer to the website corresponding to the address www.cutstom.com, by filling out the appropriate form and ordering the mere execution of his own drawing in “.dxf” format. Place of conclusion of the contract always means the headquarters of the Supplier.

3. DELIVERY – Online laser cutting service

Delivery is understood to be made when the products are delivered by the Supplier to the carrier for forwarding to the customer. The delivery date of the products is that indicated in the written order confirmation. If the customer refuses to receive the products made available to him with the aforementioned methods, the Supplier will still be entitled to payment of the agreed price. In the event of failure to collect the products within five days from the date of making them available, the Supplier has the right to deposit the products in a warehouse, at the Buyer’s risk and expense. The Supplier reserves the right to extend the delivery terms, without being in any way obliged to pay any indemnity in the following cases: a) force majeure such as strikes, lack or insufficiency of energy, fire in the companies of the Supplier and / or any event not attributable to the latter; b) insufficiency, inaccuracies or delays on the part of the customer in the transmission of the information necessary for the execution of the order; c) any changes accepted by the Supplier after receipt of the order; d) difficulties in the supply of raw materials.

4. TERMS

Taking into account the difficulty of the processing, the terms of preparation, shipment and delivery, however agreed, are not peremptory or essential, but must be understood as purely indicative and not binding for the Supplier. Any delays in deliveries cannot therefore give rise to penalties, nor to compensation for damages, nor to the effect of interest, nor to termination, even partial, of the contract by the Supplier. In the event that the Supplier has to postpone the delivery of the products with respect to the foreseen deadline, at the request of the customer or for reasons even only indirectly attributable to him, all any additional costs, such as storage, handling, transport, etc. are the responsibility of the buyer himself.

5. TRANSPORT AND PACKAGING – Online laser cutting service

Unless otherwise agreed in writing, the products are returned Ex Works-Incoterms 2000 and always travel at the risk of the customer, even when they are returned carriage paid. Any insurance of products during transport is the responsibility of the customer. The customer is responsible for the customs clearance of the products and for any and all ancillary operations connected to it as well as for the payment of customs duties and taxes.

The Supplier carries out the packaging for the shipment of the Products in the form deemed most appropriate and is not liable for any failures, breakages, tampering and shortages that may occur after leaving its warehouses. The packaging is carried out according to experience of use, except for specific requests made by the customer, which must be specifically formulated in writing in the order. Any complaints or disputes arising from or related to transport and / or complementary and / or subsequent operations thereto, must be submitted exclusively by the customer to the carrier or any third party responsible.

The Supplier is exonerated from any liability in the event of loss and changes in the products caused by inaccurate transport or handling.

6. PRODUCT DEFECTS AND WARRANTIES – Online laser cutting service

The guarantee of conformity of the product to the contract is twelve months and starts from the date of delivery of the same.

Complaints proposed by the customer for discrepancies in the product supplied by the transmitted design must be submitted in writing by fax or registered letter with acknowledgment of receipt and brought to the attention of the supplier within two months of delivery of the products, under penalty of forfeiture of all rights.

The supplier reserves the right to examine the validity of the complaints at its operational headquarters in XXXXXXXXXXXXXXXX

If the complaint proposed in the manner indicated above is found to be well founded, the Supplier will at its discretion, within 30 days, refund the amount paid, correct the discrepancy or replace the non-compliant product.

In any case, the supplier’s liability for defects in conformity with the design cannot exceed the value of the product of the price initially paid by the customer.

Without prejudice to the supplier’s right to return the disputed supply.

In the event that the complaints prove to be unfounded, the supplier may charge the cost of the inspection to the customer. However, complaints and disputes do not give the customer the right to delay or suspend payments.

7. PRICE – Online laser cutting service

The price to which the parties refer, for the purposes of these general conditions, is that expressly indicated in the order confirmation sent by the supplier to the customer, including the transport price. Catalogs, price lists or other promotional material are only an indication of the type of products and the price and the information, even technical, indicated therein is not binding for the Supplier and can be changed without prior notice.

If during the supply there are increases in materials, labor or other cost elements, the supplier has the right to adjust the prices starting from the dates on which such increases occurred.

8. PAYMENT – Online laser cutting service

The price is agreed upon gross of any expense or charge (except for any customs fees that remain the responsibility of the customer). Payment must be made within the terms and in the manner indicated in the order confirmation or in the sales invoice. Payment is considered valid if made in Euros directly to the supplier

in the manner indicated in the order form and accepted by it. Any payment made differently from that agreed will not be considered valid by the supplier.

Any delay in payment will result in the charge of interest on arrears pursuant to Legislative Decree no. 9 October 2002 231.

9. RESOLUTION

In the event that the customer is subjected to an insolvency procedure or is in a state of financial difficulty or does not fulfill any of the contractual obligations, the supplier can terminate the contract by means of written communication to the customer.

The termination of the contract for any reason does not affect the rights acquired by the supplier up to the time of termination. In the event of termination, the sums already paid will remain acquired by the supplier in consideration of the greater sums still owed by the customer, without prejudice to compensation for damage and the products must be immediately returned to the supplier, at the same headquarters or in a different place from this. indicated.

10. CONFIDENTIALITY OBLIGATIONS

All news concerning the Know-how and / or patents owned by the Supplier, as well as other commercial and company information, of which the customer will become aware in the course of any negotiations and the execution of the contract must be considered confidential and not usable neither directly nor indirectly by the customer, except within the limits necessary for the correct execution of the contract, nor should they be disclosed to third parties. Confidential data includes news relating to the plants, means of production and other company assets of the supplier, as well as the models and organization of production and services rendered by the supplier, commercial initiatives, customers, management and the performance of the supplier’s company, relations with third parties and so on. The customer undertakes to take all reasonable precautions to keep such information secret.

11. EXEMPTION FROM LIABILITY

12. APPLICABLE LAW

The contract is governed by Italian law

13. JURISDICTION

All disputes relating to the interpretation and execution of the contract are devolved to the exclusive jurisdiction of the Italian judicial authority of the Court of XXXXXXXXXXX.

14. PROTECTION OF PERSONAL DATA

Attention to the security and confidentiality of customer data is a priority for the Supplier; information relating to the person, company / firm, orders and purchases made strictly confidential and the supplier undertakes not to disclose and not to sell the information in its possession to external companies for promotional purposes.

The information provided will be used exclusively for the purpose of sending newsletters, communicating particular news, promotions, offers of new products, unless a contrary intention is expressed at the time of registration or subsequently by sending an e-mail to customercare @ cutstom. com.

The customer, by signing the appropriate information and consent form, declares to have been informed of all the elements provided for by art. 13 of the legislative decree June 30, 2003 n. 196 and gives consent, pursuant to art. 23 of the aforementioned decree, that personal and corporate data are processed in accordance with the law and possibly communicated to third parties and (or transferred to countries within the European Union or in third countries pursuant to articles 42 and 43 of the decree , in particular to foreign subjects, including non-EU citizens), whose collaboration should become necessary.

14/1. SPECIAL CLAUSE

The customer expressly authorizes the supplier to indicate in his advertising material, inserts, newspaper or magazine articles, the name of the customer as the purchaser of the supplier’s products.

WITH SPECIFIC APPROVAL pursuant to and for the purposes of art. 1341 cc, the buyer declares to have carefully read and expressly approve the following clauses of the general terms and conditions: art. 2 conclusion of the contract; art. 3 delivery; art. 4 terms; art. 5 transport and packaging; art. 6 defects and product warranty; art. 7 price; art. 8 payment; art. 9 resolution; art. 10 confidentiality obligations; art. 11 disclaimer; art. 12 applicable law; art. 13 competent court; art. 14 protection of personal data; 14/1 particular clause