General terms and conditions for the use of services with reserved access (website silmax.it)
The present general terms and conditions (hereafter referred to as Terms and Conditions of Use) constitute an extension of the General Terms and Conditions for the Website WWW.SILMAX.IT (Public Area), which the User declares to have read and confirms to accept and which concern the use of specific services and content provided in the Reserved Area of the Website.
In these Terms and Conditions of Use, the words with initial capital letter have the same meaning as those included in the General Terms and Conditions and defined therein.
- Reserved Area – Registration – Credentials
1.1 The Reserved Area of the Website is intended for P-Users who have or may have a commercial relationship with Silmax. It contains services suitable for some stages of this relationship.
1.2 The access to the Reserved Area is exclusively dedicated to P-Users and subject to their registration on the Website and to prior consent of Silmax, granted by the provision of access credentials, including an ID and a PSW. The authorisation to enable the access to the Reserved Area is subject to specific prerequisites, which must be verified by Silmax at its unquestionable discretion. No claim can be made if Silmax denies consent.
1.3 The authorisation to enable the access to the Reserved Area is referred to the Company of the P-User, as specified during registration. P-Users shall provide a valid, verifiable and usable e-mail address of the Company they work with, where to receive their access credentials. Once authorised, P-Users undertake to update promptly the data provided during registration, so that they always remain accurate and up-to-date.
1.4 The authorisation to enable the access to the Reserved Area may be revoked by Silmax at any time and with a 3 (three) days’ notice or without notice in case of documented reasons of urgency that may require a revocation, even if only as a precautionary measure.
1.5 The ID will be cancelled in case of non-access of the P-User for a period of 12 (twelve) consecutive months and the P-User will be informed of such cancellation. In that case, the records of the operations carried out by the P-User in the Reserved Area will be made available to him/her.
1.6 P-Users assume the exclusive responsibility to limit the access to their computers to third parties and to prevent any unauthorised use of their credentials to access the Reserved Area. P-Users are also fully responsible for activities regarding their ID and/or Password, due to a possible omissive behaviour or negligence. In case a P-User comes to learn about any suspicious or unauthorised behaviour concerning his/her ID and/or Password, he/she undertakes to give immediate notice to Silmax by e-mail. In case no prior notice is given, in the relationship between the P-User and Silmax, the performance of activities in the Reserved Area via the access credentials is referred to Silmax or the P-User.
1.7 P-Users undertake to ensure that their employees and consultants shall respect these General Terms and Conditions of Use, for which P-Users will however be held responsible..
- Reserved Area – Information and Services
2.1 The information and services of the Reserved Area constitute an information support for P-Users to help them prepare supply requests for products marketed by Silmax, enabling P-Users to have Silmax’s price lists at their disposal, even customised according to their specific requirements, and to send supply requests to Silmax. Only P-Users are allowed to access the Reserved Area, as it is by no means dedicated to retail sales.
2.2 A P-User’s supply request sent via the Website and, in particular, the services offered in the Reserved Area, do not in any case oblige Silmax to supply products, but they activate Silmax’s internal procedures, suitable for achieving a confirmation and definition of a supply order between the parties and for completing it through Silmax’s distribution channels – different from the Website and upon acceptation of the General Terms and Conditions of Supply and signature of the final order by both parties. In the negotiation phase, after a P-User has sent a request, Silmax is fully entitled to accept or not the supply request and to submit new, different conditions to the P-User. P-Users will by no means be able to claim any right, not even under the profile of breach of legitimate expectations deriving from the consultation of Silmax’s price lists available in the Reserved Area and consequent sending of a supply request. For what is needed, in consideration of the above conditions, the supplies generated via the Reserved Area do not in any case integrate “remote” sales.
2.3 Without prejudice to the obligations set forth in Art. 1 of the General Terms and Conditions, the information and services of the Reserved Area, the price lists, the applied discounts, the lead time are strictly confidential and thus the P-User expressly undertakes to maintain full confidentiality and shall not disclose, disseminate and/or distribute them to third parties in any manner. In the same way, it is forbidden to copy and/or disclose the single contents of the Reserved Area to third parties, entirely or partially, also by download or in any other manner, as well as to integrate such contents (price lists, discounts, offers, projects, information material), as they are protected and reserved know-how of Silmax. The P-User is responsible for the above even on behalf of his/her employees, consultants and appointees.
- Obligations of the Parties
3.1 Silmax is entitled to modify, expand, reduce, eliminate the content and services of the Reserved Area at any time, providing the P-Users with appropriate information and, in any case, making available to them possible data of operations and processes carried out by the P-Users by means of the above services.
3.2 This point expressly refers to the provisions set forth in Art. 5 of the General Terms and Conditions.
3.3 Within the limits set in Art. 1229 of the Civil Code, P-Users declare and agree to hold harmless and discharging Silmax, its representatives, employees, consultants and partners from any and all claims and liabilities of any kind and nature, including legal expenses, which may arise against them in relation to the use of the Reserved Area. In addition, also in consideration of what is set forth in Art. 3.1, they exempt Silmax from any liabilities regarding possible interruptions or malfunctions in the Reserved Area.
- Applicable Law
4.1 These Terms and Conditions of Use and the relationships between Silmax and P-Users deriving from the access to the Reserved Area and regarding the use of services, which are thereby made available to P-Users, are interpreted and governed in accordance with the Italian law.
Lanzo Torinese, 8/11/2021