Website Terms of Use

 This website (the "Site") is owned by Magaldi Power S. p. A. ("Magaldi " or the "Company").

Name: Magaldi Power S.p.A.
Registered office: Piazza di Pietra 26, 00186 Rome, Italy.
VAT and Fiscal Code: 03854270653.
Business Register Number (REA): RM - 1400591.
Email address: service@magaldi.com
PEC (registered email) address: magaldipower@pec-mail.it
Telephone: +39 089 688111

The Site offers e-commerce services for the purchase of Magaldi products, as well as information about services and products provided by Magaldi. These terms and conditions ("Terms of Use") set forth the terms and conditions governing any use of the Site by any person or entity accessing, using or registering with the Site (the "User" or the "Users"). By accessing or using the Site in any way, the User fully accepts these Terms of Use.

Magaldi has the right to change the Terms of Use without notice or communication to Users. Use of the Site at any given time is governed by the Terms of Use in effect at that time.

 

ARTICLE 1 - Confidentiality and processing of personal data

The use of the Site may entail the processing of Users' personal data by Magaldi and/or third parties. Any information in this regard and the provisions relating to such processing can be found in the document Privacy Policy, freely accessible from the Site, as well as in the banners relating to the processing through Cookies. Each User of the Site is strongly advised to read these documents.

 

ARTICLE 2 - Access to the Site and Reserved Area

The homepage of the Site is freely accessible by the Internet public free of charge. The use of the Site to benefit from the e-commerce services offered by Magaldi and to access information about the services offered by Magaldi requires instead the creation of an account (the "Account") that allows access to specific reserved sections (the "Reserved Area"). Magaldi cannot in any case guarantee permanent accessibility to the Site and to the Reserved Area and reserves the right to suspend or interrupt access to the same whenever necessary, including for technical reasons.

 

ARTICLE 3 - Creation of the Account for access to the Reserved Area

As specified in the Terms of Sale, the use of the e-commerce services offered by Magaldi through the Site is reserved for companies already in possession of one or more Magaldi plants (the "Plants").

Without prejudice to the provisions of Articles 2 and 3 of the Terms of Use and Article 2 of the Terms of Sale, the creation of an Account, access to the Reserved Area and the placing of Orders through the Website are reserved for Users who are expressly authorised to do so by Magaldi by entering into a specific agreement or contractual clause (the "Framework Agreement"), and for as long as such Framework Agreement is in force.

Therefore, Magaldi will proceed to create the Account only after verifying the name of the company on whose behalf registration is requested and after obtaining all the information it deems necessary to verify the aforementioned requirements, which are necessary for the use of the e-commerce services offered through the Site.

Magaldi reserves the right and full discretion to grant or deny the creation and use of the Account and access to the Reserved Area at any time.

The creation of the Account takes place through a registration process (the "Registration"), which includes the User's completion of a special web application form, available on the Site (the "Web Form") at the registration page.  

When completing the Web Form, the User must provide the following information:

  • the name of the User;
  • the name of the company on whose behalf the registration is requested (the 'Client Company');
  • the User's role within the Client Company;
  • a direct telephone number of the User;
  • an email address of the Client Company, which Magaldi will use to communicate with it.

The information provided by the User in the Web Form will be transmitted to Magaldi by e-mail.

After verifying the existence of the name of the Client Company within its customer database, Magaldi may transmit the credentials for the first access to the Reserved Area to the email address communicated in the Web Form. Such credentials will be usable only once. 

When accessing the Reserved Area for the first time, the User shall be responsible for changing the access credentials provided by Magaldi.

 

ARTICLE 4 - RESTRICTED AREA

Through their Reserved Area, the User will be able to access the following main contents and functions:

  • visualisation of the client company's installations in dedicated sections, and of the individual machines and components of the various installations in dedicated sub-sections;
  • display, for each Plant and related machine, of a catalogue of the products that can be purchased through the e-commerce service offered by Magaldi through the Site (the "Catalogue"), including the following information: family, code, short description, full description and technical characteristics, set of images, downloadable technical documentation in the form of an attachment, price, available quantity, expected delivery date ex-works (EXW);
  • shopping cart (the 'Cart'), containing the products that the User has selected for purchase;
  • Before completing a purchase, the User may in any case ask Magaldi for a quote for the purchase of the products added to the Cart, by selecting the appropriate function "Add to Quote". The RFQ will be transmitted by email to Magaldi, which, in turn, will reply by email or by any other means agreed between the parties. Once Magaldi has replied to the RFQ, the purchase of the products will take place according to the terms and conditions set out in the Terms and Terms of Sale;
  • display of a history of past orders and purchases made by the Client Company, including maintenance activities commissioned from Magaldi;
  • request, through the section "Privacy Setting" the deletion of data relating to the Account, including the Users first and last name, company, account ID, address, telephone and email. The deletion of such data in relation to the Account does not automatically entail the deletion of the same from Magaldi's management system and corporate database, as far as such data is stored there for purposes other than the operation of the Account.

 

ARTICLE 5 - Intellectual Property

5.1 Protection of the Site Content

The Site, including any software or computer tools necessary for its use and/or the services Magaldi offers through it, may contain or constitute elements protected by intellectual property laws and/or confidential information.

Unless otherwise stated, the Site and all data, documents, elements and intellectual property rights of any nature contained therein or used in any way whatsoever are the exclusive property of Magaldi and/or its affiliated companies and/or its business partners, including, without limitation, images, photos, text, graphics, audio, video, music, logos, patents, trademarks of any nature, copyrights, databases and software (the "Site Content").

5.2 Permitted Use

Unless otherwise indicated, by allowing Users to access and use the Site, Magaldi does not grant any licence or right except to use the Site itself within the limits and under the conditions set out in these Terms of Use and the Terms of Sale.

The use and reproduction, in whole or in part, of the Site Content is permitted only for personal and private use, within the context of the normal use of the Site as described in these Terms of Use, and any use and reproduction for other purposes, as well as any unauthorised act of communication to the public is expressly prohibited.

5.3 Prohibition of modifications

It is prohibited to make any unauthorised modification or reworking of the Site, its Content and any related software and/or computer tools, including the creation of unauthorised derivative works.

5.4 Multimedia links

The Site may contain links to external and/or third-party sources of information or services or websites. Magaldi is not responsible in any way for the proper functioning and content of such sources and websites, including advertising, products and services, insofar as it does not exercise direct control over them.

The use of any link to the Site, including to any part of it or its Content, is subject to the prior express written permission of Magaldi, which reserves the right to revoke it at its discretion and to request the removal of any link or other link at any time.

 

ARTICLE 6 - Rules of Conduct

6.1 Expressly prohibited conduct

In using the Site, any software or computer tool connected to the Site, and any Content on the Site, each User is required to behave responsibly and correctly, respecting the rights of other Users, Magaldi and its business partners.

By accessing and using the Site, the User expressly undertakes to Magaldi to:

  • not to use, and not to induce third parties to use, the Site for purposes and/or in a manner that is unlawful or illegal, or otherwise in breach of laws or regulations;
  • not assume the identity of third parties and/or perform acts on behalf of or in the name of third parties without the relevant authorisation and not provide or use false or misleading information;
  • not violate the rights of third parties or Magaldi, including intellectual property rights and the right to confidentiality of personal data and confidential information;
  • not in any way access, use, process or share data, information or accounts that are not intended for him or which he cannot lawfully access and use, and to immediately notify Magaldi in writing of any unlawful access to personal data or confidential information of which he becomes aware;
  • not to engage in defamatory, discriminatory, abusive, intimidating, vulgar, obscene, invasive of the privacy of others or otherwise unlawful and harmful acts against third parties, Magaldi and its business and technical partners;
  • not to perform acts that may damage or disrupt the proper functioning of the Site and the proper provision of services by Magaldi;
  • not attempt to test or test in any way the vulnerability of the Site or any software or computer tool and program connected to it in any way;
  • not upload, transmit or in any way expose the Site, its users and Magaldi to viruses, malware or other harmful or damaging content or elements.

By using and accessing the Site and its Content via the Internet network, each User acknowledges the global nature of this network and undertakes in any event not to violate any rules, standards, laws and regulations, including international and foreign ones, including in particular any rules relating to the transfer and processing of data, including personal, confidential and/or technical data. 

6.2 Power to prevent the use of the Site

Magaldi has no obligation to generally monitor the Site and its use by Users. However, Magaldi reserves the right to use any means at its disposal to discontinue and/or prevent, without prior notice, the use of the Site by any User suspected of violating in any way these rules of conduct, the Terms of Use or the Terms of Sale.

 

ARTICLE 7 - Users' responsibilities

The User who accesses or uses the Site and its Content expressly assumes the obligation to take all necessary precautions to avoid interfering with or interrupting the proper functioning of the Site. It is also his or her responsibility to take appropriate measures to this end, including in relation to the electronic and computer tools and networks he or she uses, also in order to protect the Site from viruses, malware or attempts at contamination and intrusion.

The User uses the Site and its Content at his/her own responsibility and Magaldi shall in no way be liable for any use that violates laws, regulations, these Terms of Use or the Terms of Sale.

 

ARTICLE 8 - Limitation of Liability

8.1 Representations

To the fullest extent permitted by applicable law, and subject to the provisions of the Terms of Sale, Magaldi will not in any event be liable for the truthfulness, accuracy, reliability, integrity or timeliness of the information, products or services accessible through the Site, nor for their suitability for the use the User intends to make of them.

8.2 Third-party content

The Site may contain links to sites and information, or data provided by third parties. Magaldi does not verify the accuracy of them nor their content, has no power to control them, and is not responsible for any damage or prejudice, even indirect, that may result from their use.

8.3 Exclusions and limitations

Magaldi, to the fullest extent permitted by applicable law, will not be liable for any actual or potential, direct, indirect or consequential injury or damage, of any nature whatsoever, arising out of or in any way connected with access to and/or use of the Site, the software and electronic tools linked to it and its content, with respect to which Magaldi does not provide any guarantee of proper operation.

 

ARTICLE 9 - Validity, Applicable Law and Jurisdiction

9.1 Severability

In the event that one or more of the provisions contained in these Terms of Use or in the Terms of Sale is declared invalid or unenforceable, the validity of the remaining provisions and clauses shall not be affected in any way, nor of those parts of them that can be applied independently.

9.2 Applicable Law

The use of the Site and its Content, the Terms of Use, and the Terms of Sale and any relationship, of whatever nature, arising between Magaldi and the user of the Site, even in case of multiple parties, are subject to Italian law. Where provided by law, the necessary consumer protection rules in force in the country of residence of the user of the Site may remain applicable, to the extent that they provide greater protection for the consumer.

9.3 Jurisdiction

Any dispute, contractual or non-contractual, relating to, or arising out of, the use of the Site or relating to the application, interpretation or performance of these Terms of Use, shall be subject to the exclusive jurisdiction of the courts of Salerno, Italy.

9.4 Language

These Terms of Use are drafted in Italian and translated into English and Spanish for the convenience of the Parties. The Italian text shall prevail in all cases.

 

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