Terms and conditions of use
Art. 1. Foreword
Maxima SpA - with registered office in Via Matteotti, 6 - 42028 Poviglio (Re), VAT no. 01962610356 - sells diamond tools and machines for cutting, core drilling and polishing in compliance with current rules and regulations. Subject to the special conditions offered to the user under art. 7 and/or any subsequent regulatory provisions, these general contract terms and conditions - hereinafter referred to more briefly as “terms and conditions” - shall be understood as prevailing over any other agreement, covenant and/or convention entered into for any reason whatsoever between Maxima SpA and the user, unless, in any case, expressly accepted by Maxima SpA. In the event of any discrepancy between the proposal made by the user and these general terms and conditions, the latter shall prevail.
Art. 2. Terms and definitions
For the purposes of these general terms and conditions and the annexes, the following definitions shall apply:
- User area: section of the site reserved for users;
- Business customer: legal person purchasing the goods for purposes relating to their professional activity, i.e. making the purchase indicating a VAT number on the order form to Maxima SpA.
- Products: every product offered on the site;
- Service: offer and sale of products on the site in accordance with the timeframes and by the means set out in these terms and conditions;
- Website: the website at www.storemaxima.com;
- User: the legal and natural person who uses the service following registration;
- Registration: filling in the form in the “register” directory (consisting of various sections: “personal profile”; “areas of interest”; “online purchases”) followed by the assignment by Maxima SpA of a “user code” and “username”;
- Proposal: filling in the appropriate “Purchase Proposal” form containing information concerning the terms and conditions of sale;
- Distributor: the legal or natural person who has the availability of the product(s).
Art. 3. Scope of the contract
This sale/purchase contract, hereinafter referred to more briefly as “contract”, will be deemed to have been entered into between the user and Maxima SpA, hereinafter referred to more briefly as “the parties” or “the party”.
Art. 4. Product availability
Maxima SpA undertakes to only include products on the site that are concretely usable and/or to indicate the non-availability of the product in the event that they are not immediately available in the warehouse or in the event that the manufacturer is not able to guarantee delivery within the established timeframe. The user may only purchase products currently on the site. In any event, the proposal shall be subject to acceptance by Maxima SpA as indicated in art. 5.
For products that are not currently available, the user may indicate his or her interest by e-mail. Maxima SpA undertakes to provide the requested information within 3 working days of receipt of the request.
Art. 5. Acceptance of order/Stipulation of the contract
The Contract will be stipulated through the following steps:
1. If the user sends Maxima SpA a purchase order for the selected product(s), this acceptance will be valid as consent, in accordance with the law, to receive subsequent communications from Maxima SpA, described below, aimed exclusively at the conclusion and performance of the contract
2. Maxima SpA will inform the user of receipt of the order, assigning a “Number” that must be used in any further communication with Maxima SpA
3. The user will have 24 hours from sending the Proposal to inform Maxima SpA of any wish to revoke the order. In any event, Maxima SpA will verify the actual availability of the product or products at Maxima SpA’s warehouse and/or any variation in the price of the product and/or will assess any other element that leads to the modification of the Proposal. In such cases, Maxima SpA may notify the user of the new offer.
4. If the order is accepted by Maxima SpA, it will send an e-mail confirming the conclusion of the contract. Otherwise, in the event of a new proposal by Maxima SpA, the contract will be deemed to have been concluded at the moment the user communicates his or her acceptance.
5. Upon conclusion of the contract, the user must make the payment using one of the various methods indicated in art. 8. The amount to be paid includes not only the price of the products ordered but also the cost of any home delivery.
6. Upon payment, Maxima SpA will then deliver the product(s) in the manner and within the timeframes indicated in art. 9, together with due tax documentation. The invoice will be issued at the same time as the dispatch of the goods and sent with them.
7. When placing the order, please provide a telephone number where you can be contacted for any eventualities.
Art. 6. Prices
The prices of the products shown on the pages and product sheets of this site do NOT include statutory VAT.
The prices shown on the website are subject to change. In any case, those indicated on the website at the time of the order apply to each sale.
Art. 7. Commercial promotions
Maxima SpA will regulate from time to time any initiative of a promotional nature, including but not limited to: discounts, points collection, prizes.
Art. 8. Payment methods
The price of the product(s) must be paid by the user in one of the following ways:
Credit card. The user will be able to take advantage of the service offered to Maxima SpA by the online PayPal service: he/she must connect, following the instructions on the site, to PayPal’s secure circuit that guarantees the confidentiality of data and the security and efficiency of transactions. The user will enter the credit card data directly on the SSL server, created and guaranteed by PayPal and managed directly by PayPal. The user must then accept the general terms and conditions set out by PayPal in order to access the service. Online payment can be made with the most common credit cards (Visa, MasterCard, American Express, etc.) or by prepaid or rechargeable card. Maxima SpA will not be liable for any damage resulting for the user from the use of the service offered by the online PayPal service.
Bank transfer. The user must make the transfer using the following bank details:
ACCOUNT OWNER: MAXIMA S.P.A.
BANK: BANCA INTESA SANPAOLO SpA - Branch of Viadana (MN)
IBAN: IT48X0306958021100000005480 - BIC: BCITITMM
The user must indicate on the transfer order the purchase order number to which it relates. Once the transfer has been made, the user must send Maxima SpA a copy of the order with the TRN number issued by the Bank. This communication constitutes an essential condition for delivery by Maxima SpA of the product(s) requested.
3. Cash on delivery. For payment by cash on delivery (cash only upon receipt of the product(s)), the user must pay in cash upon delivery. No cheques or other means of payment are accepted. The cash-on-delivery payment method will result in a surcharge on the price of Euro 10.00 displayed in the shopping cart summary. Payment by cash on delivery is authorised by Maxima SpA exclusively for direct shipments within Italy and up to a maximum amount of Euro 500.00 including VAT.
Art. 9. Delivery
9.1. The user must indicate one of the following delivery methods in the Proposal:
1. Delivery by express courier. The goods will be delivered to the address that the user communicates in the Proposal. Maxima SpA will undertake to ship the product(s) indicated by the user in the Proposal throughout the national territory using couriers of its choice. The transport costs shall be borne by the user and shall be equal to the amount indicated in the Proposal. Delivery times will vary from 24 to 72 hours depending on the destination. In any event, the courier will inform the user of the time and manner of delivery.
2. Upon receipt of the goods, the user must check the external appearance of the packaging. In the event the packaging is deformed or obviously damaged, the user must refuse the delivery and immediately notify Maxima SpA of the refusal; the latter will replace the product(s) as soon as possible.
3. The delivery times indicated by Maxima SpA are to be understood as purely indicative, without assuming any commitment or guarantee of observance thereof on the part of Maxima SpA.
4 Due to sales restrictions Maxima SpA does not ship to certain areas specified on the website (see provinces not served)
Art. 10. Warranties
All products sold by Maxima SpA come with an official manufacturer’s warranty. In order to benefit from such warranty, the user must keep the invoice or delivery note that he or she will receive with the purchased product. In any event, Maxima SpA guarantees that delivery will concern products identical to those indicated on the site and that all suitable measures will be observed to preserve the goods until delivery to the place indicated in the order. It is understood that the photos published on the site may not exactly reproduce the appearance of the product delivered in the event of changes to the packaging by the manufacturer.
Art. 11. Waiver
Any right of the user to claim damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and/or property caused by the product(s) covered by the contract is excluded except as envisaged by art. 1229 of the (It.) Civil Code.
Art. 12. Force majeure
Maxima SpA will be released from the obligation of fulfilment and performance of this contract due to force majeure, temporary or final, such as (by way of a non-limiting example) strikes, interruptions or accidents, fires and for any other cause occurring beyond the control of Maxima SpA and NOT attributable to it, even pre-existing, that prevents or aggravates the total or partial performance of this contract.
Art. 13. Best efforts
The parties undertake to perform this contract in good faith and to fulfil the obligations hereunder or cause them to be fulfilled in good faith, and to draw up and deliver any document or instrument or to perform any act that is reasonably necessary for the purposes of this contract, even if such instruments and acts are not the subject of a specific obligation imposed by this agreement.
Art. 14. Binding effect
This contract shall be binding on the parties and their respective legal representatives, successors and assigns.
Art. 15. Non-waiver
15.1. Waiver of the exercise of a right under this contract may only be made by a written instrument signed by the party against whom the waiver is to take effect.
15.2. The failure to exercise, or the waiver of the exercise of, or a partial and isolated exercise of any right arising under this contract shall not in any way be deemed to constitute acquiescence nor in any way affect the exercise of such right or any other right arising under this contract, or the right to demand performance of the other party’s obligations, it being understood, unless otherwise provided herein, that the rights and remedies arising under this contract are cumulative and not exclusive of each other.
Art. 16. Communications
All necessary communications, authorisations, questions and requests permitted to or imposed on a party in dependence of the provisions of this contract must be made by post, by registered letter with return receipt or by fax or by e-mail respectively to the addresses and/or numbers indicated by the user in the proposal and by Maxima SpA to the following addresses and numbers: Via Matteotti, 6 - 42028 Poviglio (Re); tel +0522 968011; e-mail info@maxima-dia.com; or to any other address or number that Maxima SpA will communicate to the user.
Art. 17. Privacy
17.1. Maxima processes personal data in compliance with the European Data Protection Regulation (hereinafter referred to as “GDPR” for brevity’s sake). Pursuant to articles 12, 13 and 14 of the GDPR containing provisions on the protection of persons and other subjects with regard to the processing of personal data, the data provided by the user may be processed, either directly or through third parties, in order to comply with obligations laid down by law, regulation or EU legislation and in particular to fully implement all contractual obligations.
17.2. The user’s personal data will be processed using paper or computer and/or data transmission media also by third parties for whom knowledge of your personal data is necessary or in any case functional for the performance of our company’s activities; in any case, processing will be carried out using methods that guarantee security and confidentiality.
17.3. The Data Controller is Maxima SpA in the person of its Legal Representative Pro Tempore.
17.4. In relation to the processing of your personal data, you may exercise your rights under the law, in particular those set out in articles 12, 13 and 14 of the GDPR.
Art. 18. Applicable law
This contract shall be governed by and construed in accordance with Italian law.
Art. 19 Jurisdiction
19.1. In the case of the user/Consumer, for all disputes arising from this contract, including those relating to its validity, interpretation, performance and termination, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the consumer, if located in the territory of the State.
19.2. In the cases not contemplated by the preceding paragraph, all disputes arising from this contract, including those relating to its validity, interpretation, performance and termination, shall fall under the exclusive jurisdiction of the Court of Reggio Emilia, also for any actions for warranty, damages or, in general, relating to payments. By registering, the user specifically approves the following clauses: art. 10 Warranties; art. 11 Waiver; art. 12 Force majeure; art. 18 Applicable law; art. 19 Jurisdiction.