TERMS AND CONDITIONS OF USE OF THE SITE

This document outlines the terms and conditions for the use of the website www.baldonisrl.it, which provides users with an overview of the activities of the company Baldoni S.r.l., specializing in the cutting and composition of metal profiles such as iron, stainless steel, aluminum, and other materials.

1 DEFINITIONS
To facilitate a complete understanding and acceptance of these terms and conditions, the following terms, in singular and plural form, shall have the meanings indicated below:
Owner: Baldoni S.r.l., with registered office at 41054 Marano sul Panaro (MO), Via Bernabei, 203, VAT/Tax Code [•], Tel. No. 059.75.20.291, fax 059.7520100, email address: info@baldonisrl.it.
Website: the website www.baldonisrl.it;
User: any individual who accesses and uses the Website;
Conditions: this contract that regulates the relationship between the Owner and the Users.

2. DETAILED INFORMATION ON THE SITE OFFERING.
By navigating through the pages of the Website, the User can view the services offered by the Owner (e.g., CAD/CAM designs, laser cutting, bending, welding) and find the contact information for various inquiries (e.g., quote requests, product and service information, etc.). The Website is not an e-commerce platform or a marketplace.

3.SCOPE OF APPLICATION OF THE CONDITIONS
The use of the Website implies the complete acceptance of these Conditions by the User. If the User does not wish to accept the Conditions and/or any other notes, legal notices, or information published or referred to therein, they cannot use the Website or its related services.

The Conditions may be modified at any time. Any changes will be effective from the moment they are published on the Website.
Before using the Website, the User is required to carefully read the Conditions and save or print them for future reference.
The Owner reserves the right to change, at its discretion and at any time, the graphic interface of the Website, the Contents, and their organization, as well as any other aspect that characterizes the functionality and management of the Website, by communicating to the User, if necessary, the relevant instructions.

4. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS.
All the contents of the Website, including texts, documents, trademarks, logos, images, graphics, their arrangement, and adaptations are protected by copyright law and trademark protection legislation. The Website may also contain images, documents, logos, and trademarks of third parties who have expressly authorized the Owner for publication on the Website. Except for strictly personal uses, it is not allowed to copy, alter, distribute, publish, or use the Contents without the specific authorization of the Owner.

5. WARRANTY DISCLAIMER
The Website is provided “as is” and “as available,” and the Owner makes no explicit or implicit warranties regarding the Website. There is no guarantee that the Website will meet the Users’ needs or that it will be uninterrupted, error-free, or free from viruses or bugs. The Owner will strive to ensure that the Website is available continuously 24 hours a day, but cannot be held responsible if, for any reason, the Website is not accessible or operational at any time or for any period. Access to the Website may be temporarily suspended without notice due to system failure, maintenance, repairs, or for reasons entirely beyond the Owner’s control or due to force majeure events.

6. LIMITATION OF LIABILITY
The Owner shall not be held responsible towards the User, except in cases of willful misconduct or gross negligence, for malfunctions or disruptions related to the use of the internet outside their control or that of their suppliers.
The Owner shall not be liable for damages, losses, and costs incurred by the User due to the non-performance of the contract for reasons not attributable to them.
The Owner shall not be liable for:
Any loss of business opportunities and any other loss, even indirect, suffered by the User that is not a direct consequence of the Owner’s contract violation.
Incorrect or improper use of the Website by Users or third parties.
In no event shall the Owner be liable for an amount exceeding twice the cost paid by the User.

7. MAJOR FORCE
The Owner cannot be held responsible for the non-fulfillment or delayed fulfillment of its obligations due to circumstances beyond the reasonable control of the Owner, arising from force majeure events or, in any case, unforeseen and unforeseeable events, and, in any case, beyond their control.
The fulfillment of the Owner’s obligations shall be deemed suspended for the period during which force majeure events occur.
The Owner will take any action within its power to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.

8. LINKS TO THIRD PARTY SITES
The Site may contain links to third-party websites/applications. The Owner has no control over them and, therefore, is not in any way responsible for the content of these websites/applications.
Some of these links may lead to third-party websites/applications that provide services through the Site. In these cases, the individual services will be subject to the general terms and conditions for the use of the website/application and the use of the service prepared by the third parties, for which the Owner assumes no responsibility.

9. PRIVACY
The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted on the Privacy Policy page of the Site.

10. APPLICABLE LAW AND JURISDICTION
The Conditions are subject to Italian law.
For professional users, any dispute concerning the application, execution, and interpretation of these Conditions is under the jurisdiction of the court where the Data Controller has its registered office.
For Consumer Users, any dispute related to the Site, execution, and interpretation of these Conditions will be referred to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State. However, Consumer Users have the option to appeal to a judge other than the “consumer forum” according to Article 66 bis of the Consumer Code, competent for the territory according to one of the criteria mentioned in Articles 18, 19, and 20 of the civil procedure code.
Consumer Users who do not have their habitual residence in Italy are subject to the possibly more favorable and non-derogable provisions provided by the law of the country where they have their habitual residence, particularly regarding the deadline for exercising the right of withdrawal, the deadline for the return of the Products in case of exercising this right, the methods and formalities for communicating it, and the legal conformity guarantee.

11. ONLINE DISPUTE RESOLUTION FOR CONSUMER USERS.
The Consumer User residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve, out of court, any dispute relating to and/or arising from contracts for the sale of goods and the provision of services entered into online. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract entered into online. The platform is available at the following address: ec.europa.eu/consumers/odr/

Date: 28/10/2022