General conditions of sale

1.1 SCOPE OF APPLICATION

These conditions of sale (“GTC”) govern the online sale of products supplied by Titek Srl (“TITEK”), with registered office in Strada Friginetto, 8 – 47899 Serravalle (RSM) to the purchaser (“Purchaser”), via the online store CNC-Product.store (“site”).

These Terms and Conditions prevail over any terms and conditions included by the Buyer in its order confirmations, invoices, or correspondence. Any conflicting, waiver, or partial waiver included by the Buyer when signing the commercial offer or during the order process will remain ineffective unless expressly accepted by TITEK upon acceptance of the order (the "Order Confirmation").

1.2 PRODUCT CHARACTERISTICS

All information and photographs relating to the products shown on the site are purely indicative and, therefore, may not be perfectly representative of the characteristics of the products and, consequently, they do not constitute a contractual element.

It is the Buyer's responsibility, before entering into the sales contract, to ensure that the products are suitable for the specific purpose and/or use for which they are intended to be purchased and, furthermore, to ensure that the Products comply with the applicable legislation in the country where the Buyer intends to import, distribute, or otherwise use them. Therefore, TITEK cannot be held liable in any way for any direct or indirect damages that may arise to the Buyer or third parties in the event of the products being unsuitable for any specific purpose or use or in the event of their non-compliance with the aforementioned legislation.

1.3 SALES CONTRACT

The sales contract (“Sales Contract”) will be concluded exclusively through the following procedure:

1.3.1 Product selection.

Once the Buyer has selected the products for which he/she intends to formalize the order on the site by clicking on "add to cart" (present on each product page of the site), he/she will proceed to the page of the site called "your cart" (Eng. cart) from which, after checking the contents, he/she can proceed to the "information" (Eng. checkout) page.

1.3.2 Information.

On the “information” page, the Buyer will fill out the product order form in electronic format following the instructions on the website.

1.3.3 Shipping.

On the “shipping” page the Buyer will see a summary of the products ordered with the relative price (including taxes or duties where applicable), the chosen shipping method and the relative cost and the previously filled in shipping address.

Among the shipping methods, TITEK offers “collection on site” between 2:00 PM and 4:00 PM.

For orders with immediate electronic payments received before 12:00 pm from Monday to Friday (excluding holidays and/or closures), TITEK undertakes to ship the products within the same day.

1.3.4 Payment.

On the "Payment" page, the Buyer can check the order details, the payment methods available for purchase, and view any additional costs due to applicable payment fees, delivery methods, and related costs. Additionally, in this section, it will be possible to change the billing information.

The Buyer will be required to choose the payment solution he prefers from those available.

Depending on the payment method chosen, the Buyer will be redirected to the web payment platform when clicking the "Review Order" button, where they will have to follow the platform's instructions and fill in the required data.

1.3.5 Decide.

On the “decide” page (Eng. check-out) the Buyer will view a new order summary. By clicking on the “Complete order” button, the Buyer will fully accept these GTC and send the order to TITEK.

The “Decide” page concludes the purchasing process on the site.

1.3.6 Order Confirmation.

Upon receipt of the order, TITEK will immediately send the Buyer an order confirmation email (sales@titek.eu) from the address vendite@titek.eu , identifying the order receipt with its own order number (e.g., CP#1001). It is understood that the Order Confirmation does not constitute acceptance of the Buyer's order, but merely confirmation that the order has been processed, that the data and availability of the ordered Products have been verified, and, in the event that the Buyer has not paid the price of the products and any additional costs, such as payment fees and/or shipping costs, using an immediate electronic payment method, that the Buyer's deferred payment has been correctly received.

1.3.7 Order completion

TITEK, within 10 (ten) days of sending the Order Confirmation, and in any case not before receiving the payment in the case of deferred payment, will send the Buyer a communication confirming that the order has been shipped (“Shipping Confirmation”) containing all the information relating to the order number referred to in the Order Confirmation cited in point 1.3.6 of this article, the Products shipped, the shipping documents and the shipment tracking references through the website of the carrier responsible for the shipment, the price and the expected hypothetical delivery date.

Within the same timeframe, for example, if all or some of the ordered Products are unavailable, TITEK will send the buyer an email notification of total or partial rejection of the order, or a request for the Buyer to accept a method of fulfilling the order with partial or deferred deliveries. The Buyer may communicate acceptance or rejection to TITEK by email to vendite@titek.eu within 3 (three) days of receiving TITEK's notification. The Buyer acknowledges and agrees that failure to respond to TITEK's notification will be deemed tacitly accepted by the Buyer.

The Sales Contract will be deemed concluded only upon transmission by TITEK of the Shipping Confirmation to the Buyer.

1.3.8 Data veracity

The Buyer will be responsible for the accuracy of all data provided to TITEK for the purposes of communications that TITEK will be required to make to the Buyer, invoicing, and delivery of the ordered products. Therefore, TITEK cannot be held liable for any direct or indirect damages that may arise to the Buyer or third parties from incomplete and/or incorrect data provided by the Buyer.

1.4 PACKAGING, DELIVERY TERMS, DELIVERY TERMS

The Products will be packaged and prepared for shipment according to the protection systems generally adopted by TITEK for the products in question in consideration of the agreed transport methods.

TITEK will deliver, using designated couriers, exclusively within the territory of European Union member states and the Republic of San Marino. Unless otherwise specified in the Sales Agreement, the products will be shipped to the Buyer from the logistics headquarters of Titek Srl, located in San Marino, Strada Friginetto 8 – 47899 Serravalle RSM, and then delivered to the Buyer at the address indicated in the Sales Agreement.

TITEK will deliver the Products within the timeframe set forth in the Sales Agreement, including through partial deliveries, and in any case no later than 30 (thirty) days ("Delivery Time") from the date of transmission of the Shipping Confirmation. Except in cases of willful misconduct or gross negligence, TITEK will not be required to pay the Buyer any compensation or damages for any direct or indirect damages due to the delay in delivery.

Upon receipt of the products, if the Buyer is absent or unavailable at the address provided when completing the forms on the "Shipping" page on the website (section 1.3.3), the courier appointed by TITEK will deposit the products at the warehouse closest to the Buyer's delivery address and will make up to 2 additional delivery attempts. In the event of repeated product failure due to the Buyer's absence or unavailability, the products will be returned to TITEK. All costs incurred by TITEK for subsequent delivery attempts and for any return of the products to TITEK's premises will be borne by the Buyer.

Upon actual receipt of the products, the Buyer will have the responsibility to check the goods and their packaging and to report any damage to the packaging and/or any faults or shortages of products that occurred during transport, by placing a written reservation, with a description of what was found, in the transport document, as well as the responsibility to:

  • have the carrier confirm the reservation by means of a specific signature;
  • immediately inform TITEK in writing, including by email to vendite@titek.eu , and send them a copy of the aforementioned document no later than 1 (one) day from the date of receipt of the products.

Otherwise, TITEK will not be responsible for any damage, loss or theft occurring to the Products during transport, even if the transport is carried out with the risk borne in whole or in part by TITEK.

1.5 LEGAL WARRANTY

In the event that the Buyer is a consumer, he will benefit from the guarantee to which TITEK is required by law (“Legal Guarantee”).

Pursuant to the Legal Guarantee, TITEK guarantees that the products will comply with the Sales Contract and that it will be liable to the Buyer for any lack of conformity that occurs within 2 (two) years from the date of delivery of the Products.

In the event of receipt of Products that do not comply with the Sales Contract, the Buyer must, under penalty of forfeiture of the Legal Guarantee, report the defects of conformity present on the Product within 2 (two) months from the date of discovery of the same.

The application of the Legal Guarantee is excluded in the event of:

  • use or maintenance of the products not carried out strictly in accordance with the instructions given in the use and maintenance manual, or in the warning sheet accompanying each product, or in the "General Guide to the Use, Safety and Maintenance of the Products" which the Buyer can find and download from the website or request by email at assistenza@titek.eu .
  • use of the products for purposes other than the prescribed use or outside the operating limits, guidelines and instructions reported in the use and maintenance manual, or in the warning sheet, present with each Product, or in the "General Guide to the Use, Safety and Maintenance of the Products" which the Buyer can find and download from the site or request by email at assistenza@titek.eu .

In the event of warranty application, the Buyer will have the right to have the product's conformity restored free of charge by repairing or replacing the non-compliant product. To this end, the Buyer must immediately contact TITEK by sending an email to assistenza@titek.eu .
TITEK will, at its own expense, send the Buyer a replacement product or arrange for the collection of the non-compliant product, subject to the Buyer's availability. In any case, TITEK will become the owner of any non-compliant product that has been replaced.
If repairs and/or replacements are not possible or are excessively expensive, the Buyer may request, at his/her discretion, an appropriate price reduction or the termination of the Sales Contract.

1.6 CONVENTIONAL WARRANTY

In the event that the Buyer is a professional, he will benefit exclusively from this conventional guarantee (“Conventional Guarantee”).
Under the Conventional Warranty, TITEK guarantees the Buyer that the products will be free from manufacturing and material defects and will conform to the Sales Contract. Unless otherwise provided in the technical data sheet for each Product, which the Buyer can find and download from the website, the Conventional Warranty will last for 1 (one) year from delivery of the Products.

The application of the Conventional Guarantee is excluded in the event of:

  • use or maintenance of the Products not carried out strictly in accordance with the instructions given in the use and maintenance manual, or in the warning sheet accompanying each Product, or in the "General Guide to the Use, Safety and Maintenance of the Products" which the Buyer can find and download from the site or request by email at assistenza@titek.eu .
  • use of the Products for purposes other than the prescribed use or outside the operating limits, guidelines and instructions reported in the use and maintenance manual, or in the warning sheet, present with each Product, or in the "General Guide to the Use, Safety and Maintenance of the Products" which the Buyer can find and download from the site or request by email at assistenza@titek.eu .

The Buyer shall be required to examine the Products as soon as possible and, in the event that he/she deems the Products to be defective or non-compliant, under penalty of forfeiture of the Conventional Warranty, he/she shall report this in writing to TITEK, by email to assistenza@titek.eu within and no later than the following deadlines, being aware that failure to communicate in compliance with the same will result in a total exclusion of any type of warranty:

  • discrepancies relating to the type and/or quantity of the products delivered as well as obvious defects or discrepancies in the products: no later than 2 (two) days from delivery;
  • hidden defects or non-conformities of the products: within and no later than 2 (two) days of discovery and, in any case, within the warranty period.

In the notification of complaint, the Buyer must provide a detailed and exhaustive description of the non-conformities and/or defects found, and must also attach adequate photographic documentation to this notification.

TITEK shall have the right to inspect any products, or samples thereof, that the Buyer deems to be defective or non-compliant. In this regard, the Buyer may return any products deemed defective or non-compliant to TITEK only with TITEK's prior written authorization and provided that the Buyer assumes full shipping costs and risks, unless TITEK authorizes the Buyer in writing to ship the goods at TITEK's expense and risk.
Authorization to return products or samples declared defective or non-compliant, or the assumption of the cost of transporting them, will in no case constitute recognition of the defects or non-compliant goods by TITEK.

In the event that the products are recognized as actually defective or non-compliant, the Buyer, at TITEK's discretion, will have the exclusive right to:

  • to the free repair or replacement of defective or non-compliant Products; or
  • to partial or total exemption from payment of the price, depending on the seriousness of the defects or non-conformities.

For the purposes of paragraph 1.6, Products repaired at TITEK's premises and those delivered to replace defective or non-compliant Products will be delivered to the Buyer in accordance with the Incoterms® Ex-Works (EXW) rule, unless TITEK assumes the transportation costs and therefore authorizes delivery ex-works to the Buyer's warehouse. In any case, TITEK will become the owner of the replaced Products.

The rights and remedies described in paragraph 1.6 above constitute the Buyer's sole warranty rights and remedies. To the fullest extent permitted by law, Titek Srl expressly excludes any liability, whether contractual or non-contractual, arising in any way from or in connection with the supply of defective or non-conforming Products, including, but not limited to, liability for direct, indirect, or consequential damages, lost profits, etc.

This Conventional Warranty replaces and excludes any other warranty, express or implied, provided by law or otherwise.

1.7 FORCE MAJEURE

TITEK shall not be liable in any way for failure or delay in fulfilling any obligation relating to the supply of the products if such failure or delay is due to force majeure events such as war, fire, earthquake, flood, tsunami, strikes, difficulties arising with the workforce, malfunctions and disruptions of the internet network, restrictions on the use of energy, acts of public authorities or any other action or cause which cannot reasonably be foreseen or which TITEK cannot reasonably remedy through ordinary diligence.
        

1.8 PRIVACY POLICY

The Buyer's personal data is processed using the operations indicated in art. 4, no. 2) of EU Regulation 679/2016 and art. 2, letter b) of Law 171/2018, namely: collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, alignment or combination, restriction, erasure, and destruction of data. Personal data is processed both in paper and electronic format. Processing is carried out by persons in charge and collaborators within the scope of their respective roles and in accordance with the instructions received, always and solely for the achievement of the specific purposes, scrupulously adhering to the principles of confidentiality and security required by applicable regulations. (…omitted…)

To view the complete information, simply request it by emailing titek@titek.eu .

1.9 INVALIDITY OF INDIVIDUAL CONTRACTUAL CLAUSES

The invalidity of any provision of these GTC will not affect the validity of the remaining provisions, which will remain in full force and effect.

1.10 APPLICABLE LAW – DISPUTE RESOLUTION

These GTC and all sales contracts entered into by the parties pursuant to these GTC will be governed by San Marino law. If the Buyer is a consumer, the mandatory provisions of the law of the Buyer's country of residence shall apply.

Any dispute relating to these GTC and/or sales contracts based thereon shall be subject to the exclusive jurisdiction of the Court of San Marino. If the Buyer is a consumer, the Buyer retains the right to take action before the Court of the Buyer's place of residence or domicile.