TERMS AND CONDITIONS OF USE
TERMS AND CONDITIONS OF USE
INDEX
SAVIX srlu is a company that intends to provide a service for the maintenance and repair of instrument clusters and on-board instrumentation
The website www.sipoint.com is managed by SAVIX srlu and the copyright on the material and contents of the Website is held by Savix srlu. All rights reserved.
Any unauthorised use of the material and contents of the Website, without the consent of SAVIX srlu, may constitute a violation of intellectual and industrial property rights and/or other applicable laws.
Only users who have signed-up for an account may use this service.
Sign-up is free of charge and without obligation on the part of the User.
For the correct interpretation of this contract, the following definitions shall be observed:
- SAVIX: SAVIX srlu, a company that intends to make the SiPoint service available to Operators in accordance with the terms and conditions set out and regulated by this contract;
- User or Customer: professional and qualified technician working in the mechanical, mechatronic and electronic fields, who intends to make use of the services offered by SAVIX in the manner provided for and regulated by these conditions;
- Registered User or Registered Customer: the User who has successfully completed the sign-up procedure on the Website, who has chosen his/her password in order to be able to log in, among others, the area reserved for Registered Customers. The Registered Customer is entitled to navigate within the Website and to use all the Services available from time to time;
- Consumer: any natural person who places an Order for purposes other than business, commercial, artisanal, or professional activity;
- Professional/s: any natural person or legal entity who places an Order within the scope of their business, commercial, artisanal, or professional activity;
- Terms and conditions, General terms and conditions of sale: rules that the User must accept and comply with when using the services offered on www.sipoint.com;
- Contract: means, jointly, these Terms and Conditions (including any document referred to in these General Terms and Conditions), any further conditions published on www.sipoint.com, any further rules, directives, codes of conduct and/or instructions on each Product page or, in any case, published on www.sipoint.com, as well as any sign-up form or Purchase Order issued by the User and accepted by www.sipoint.com
- Product: on-board instrumentation installed in vehicles and means of transport;
- Sign-up: process by which the User, after providing personal data, obtains a login and password to access the reserved Area on the Website;
- “Anomaly”, “Fault” or “Problem”: irregularity that the Operator encounters on the instrumentation, which results in its failure/malfunctioning;
- Standard Support/Advice/ Repair: service for the repair of faults specifically mentioned on the Website;
- Custom Support/Advice/ Repair: service for the repair of faults other than those mentioned on the Website;
- Fee for the technical diagnosis/analysis of the problem: amount to be paid by the Operator to SAVIX in the cases provided by this contract;
- Purchase order or Order: means the order for the purchase of Products or Services placed by the User;
- Website: the website www.sipoint.com
Art. 1 - Subject
1. SAVIX, through the site www.sipoint.com, makes available to Registered Users its technical advice and assistance service for the repair of on-board instrumentation and all devices listed on the Website.
2. SAVIX is obliged to conclude in its own name and on behalf of the User a repair contract and related ancillary operations;
3. The User, whether acting on his own behalf or on behalf of others, agrees that this contract unconditionally regulate all contractual relations with SAVIX, including conditions relating to collection, delivery, transactions, data electronic management, logistics as well as customer support and contractual and non-contractual complaints.
4. SAVIX shall provide assistance, technical advice and carry out repairs in the standard or customised manner, regulated below.
5. Unless otherwise agreed, the services and products offered by SAVIX through the Website are primarily intended for professional and qualified technicians working in the fields of mechanics, mechatronics, electronics.
6. SAVIX also reserves the right to conclude services with parties other than those indicated.
Art. 2 - Scope
1. The applicable sign-up conditions are those active on the date of sign-up.
2. They may be changed at any time. Any changes and/or new conditions will be active from the moment they are published in the “Terms and Conditions of Use” section. For this reason, Users are invited to regularly access the Website and check the publication of the most up-to-date sign-up conditions. Users who do not wish to accept the new or modified ‘Terms and Conditions of Use” shall request cancellation of their sign-up.
3. Sign-up on the Website, at the sole discretion of SAVIX, is mainly permitted to Users who are professional and qualified technicians working in the fields of mechanics, mechatronics, electronics.
4. SAVIX reserves the right to temporarily or permanently disable the Sign-up area and/or any other area of the Website. In any case SAVIX has the right to allow Sign-up to the Website to parties other than those indicated.
5. SAVIX shall not be held liable to the User for the modification, suspension or deactivation of the Sign-up area and/or any other area of the Website.
Art. 3 - Sign-up process
1. The User who intends to use the services offered by SAVIX must complete the sign-up procedure on the Website by providing the information and personal data requested, as well as indicating an e-mail address. The User shall have access to the reserved area after entering a login and password, as requested in the relevant section of the Website. SAVIX will send a “Confirm the SiPoint account” e-mail to the e-mail address provided by the User at the time of sign-up.
2. The User is obliged to carefully read these Terms and Conditions of Use as well as, all the terms and conditions of the contract that will be viewable and can be printed, also by pop-up access or hypertext links, during the sign-up process. The User will accept the terms and conditions by clicking in the box marked “I accept the Terms and Conditions of Use” and “I accept the Privacy Policy”. By accepting these terms and conditions of use, the User will be able to use the services on the Website.
3. The User expressly authorises SAVIX to send this Contract, including the relevant General Terms and Conditions, any special conditions, as well as all notices that may be necessary, to his/her e-mail address, also by appropriate links to the relevant pages of the Website. The User acknowledges that this contract, including the relevant General and Special Conditions, as well as the relevant amendments made from time to time, may be printed on paper or downloaded.
4. SAVIX, in its sole discretion, reserves the right not to authorise the User to sign-up.
5. SAVIX may also suspend or cancel a User sign-up at any time and for any reason, giving three days' notice. Such notice is not required in the event of a violation by the User of these sign-up conditions.
6. The User may request the cancellation of the sign-up at any time by notifying SAVIX of this decision.
Art. 4 - Obligations for the Registered User
1. The User is responsible for the information and data provided when signing up on the Website.
2. The log in credentials indicated by the User at the time of sign-up must be used exclusively by the User and may not be transferred to third parties.
3. The User is obliged to keep the credentials secret and ensure that no one has access to them.
4. The User shall promptly inform SAVIX in the event of suspected misuse and/or disclosure of his/her authentication credentials.
5. Signing up on the Website does not give rise to a representative, associative, business or corporate relationship between the parties and, therefore, the Registered User has no right or power to assume obligations in the name and on behalf of SAVIX.
Art. 5 - Security
1. The Registered User is responsible for the preservation and proper use of all usernames, nicknames, e-mails and passwords used to connect to the Website and must take all necessary steps to ensure that they are used properly, and that usernames and passwords are kept secret and not disclosed to any unauthorised person.
2. The Registered User is responsible for all activities that are performed by means of his/her account and is liable for damages resulting from the misuse of his/her access data by third parties.
3. The Registered User must inform SAVIX immediately if there are reasons to believe that a username (i.e. e-mail) or password is, or is likely to be, known by someone not authorised to use it or is likely to be used in an unauthorised manner.
4. If a Registered User forgets or loses his/her username, he/she must contact SAVIX and carry out the required security checks.
5. SAVIX reserves the right to suspend the username (i.e. e-mail), nickname and password for access to the Site if it considers that there is - or is likely to be - a security problem or unauthorised use thereof.
6. The Registered User is responsible for the veracity of the information and personal data provided upon sign-up. The Registered User must immediately inform SAVIX of any changes in the information and personal data provided upon registration or, if possible, directly update them, so that such information and personal data are always current, accurate, complete and true. If false, inaccurate or incomplete information or personal data is provided, or SAVIX has a reasonable suspicion that it has been provided, SAVIX shall be entitled to prevent the Registered User from using the Website.
Art. 6 - Standard Service
1. The Registered User can use the standard technical assistance and advice service, made available by SAVIX on the Website, for the repair of instrument clusters and on-board instrumentation, according to the following procedures.
2. Following the request for Standard Repair by the User, SAVIX will automatically make a quotation that the User can view and accept. By accepting the quotation, the User undertakes to pay the amount indicated, selecting one of the payment methods provided and indicated on the Website.
3. Following acceptance by the User, SAVIX will send him / her an automatic e-mail of receiving of the order (“Order Received”). Please note that receiving the order does not constitute acceptance of the User's proposal. By sending the “Order received”, in fact, SAVIX shall automatically only confirm that it has received the order and has subjected it to a data and feasibility verification process.
4. The process can be considered completed only when SAVIX sends a separate e-mail of acceptance of the Order proposal (“Order Acceptance”) which will contain the order code and any other useful information for the service and instructions for the correct packaging of the Product. In addition, if shipment via “Sipoint partner courier” is selected when placing the order, the date of collection of the Product at the address entered by the Registered User will be indicated as well, or, if “Courier of your choice” shipment is selected, the details for the correct shipment of the instrumentation to SAVIX premises will be indicated.
5. SAVIX, by means of its partner courier, will return the repaired Product to the User who will proceed independently to install it. SAVIX is not responsible for the incorrect installation of the products.
6. The repair status can always be checked by the user accessing the reserved area at www.sipoint.com in the “My Orders” section.
7. SAVIX does not guarantee the successful outcome of repairs. If the repair is unsuccessful, SAVIX will return the Product and refund the amount, net of any expenses, already paid by the User, who may also instruct SAVIX to dispose of the Product.
8. If SAVIX finds anomalies on the Products that require a repair different from the standard one, it shall promptly notify the User in writing (e-mail) of any other costs or other types of intervention to be carried out, awaiting the User's authorisation or refusal to proceed, in any case, payment of the amount for the diagnosis/technical analysis of the problem referred to in art. 7.2 below will be required.
Art. 7 - Custom service
1. If the anomaly or fault detected cannot be found in the standard categories indicated on www.sipoint.com, the User may request custom assistance and/or technical advice from SAVIX in the “Enquiries for custom repair” section of website, in the “My Account” area.
2. The technical diagnosis/analysis of the anomaly or fault is subject to the payment of an amount notified in advance by SAVIX to the User, to be paid by the method that will be indicated.
3. The technical diagnosis/analysis is always subject to payment of the amount notified by SAVIX, even if the User does not wish to proceed with the repair or the Product cannot be repaired.
4. Following the technical diagnosis/analysis SAVIX will send a quotation to the User.
5. If the quotation is accepted, the User will have to make the payment by selecting one of the payment methods set up and indicated on the Website. The payment made for the technical diagnosis/analysis will be deducted from the total amount due.
6. The provisions of Article 6 No. 3 and 4 above shall also be observed.
7. The repair status the User can always be checked by the User by logging into the reserved area at www.sipoint.com in the ‘Enquiries for custom repair section.
8. SAVIX does not guarantee the always positive outcome of repairs. In the event of a negative outcome, the User will be entitled to the return of the Product and a refund of the amount already paid, minus the payment made for the technical diagnosis/analysis of the problem.
Art. 8 - Prices
1. All prices quoted by SAVIX are in Euros and do not include any taxes, duties and fees applicable in the country of destination of the Products, where this is different from Italy, which will be at the User expense.
2. SAVIX reserves the right to change the prices of the products and services shown on the Website at any time.
3. Any price changes will not, however, be effective to Users who have already placed an order.
Art. 9 - Warranty seal
1. On the Product successfully repaired, SAVIX will attach a Warranty Seal, which, in order for the warranty to be valid, must not be removed or tampered.
Art. 10 - Shipping and Delivery of the Products for the Repair
1. The User confirms that the parcels to be sent to SAVIX are correctly and accurately packaged, as indicated in the packaging instructions made available by SAVIX on the Website and communicated following the “Order Acceptance” and that the data entered at the time of purchase by the User are true and correct (address for collection and delivery, repair data, etc.), under penalty of cancellation of the Repair.
2. Accepting these conditions, the User releases SAVIX from all damages, claims or expenses of any nature whatsoever for shipments that are not packed correctly according to the specific packaging standards indicated by SAVIX or the guarantees mentioned in this article or from not indicating on the goods and packages the necessary precautions for their handling and lifting.
3. Departure packaging will not be returned, neutral packaging will be used instead.
4. The User declares that he/she is aware of and accepts responsibility for the packaging of his/her products and their safekeeping from the moment of acceptance of the order until the moment of collection of the courier.
5. Accepting these conditions, the User declares that he/she is aware and accepts that SAVIX does not assume responsibility for the successful and/or timely transport of the products, nor for their loss or damage occurring during the phase of their collection or transport by the courier.
6. The User declares to accept the conditions of acceptance and custody above indicated.
Art. 11 - Delivery time for repaired product and inspection
1. Delivery times for repaired Products are indicative and not strictly binding for SAVIX. Unforeseeable delays are always possible due to production requirements or shipping problems, in any case not attributable to SAVIX which cannot strictly guarantee compliance with delivery times. In any case, SAVIX is not responsible for any delays caused by the courier. Shipments are not made on Saturdays, Sundays and holidays.
2. The User and/or the person appointed by the same to collect the repaired Product (recipient) is obliged to check and verify very carefully, at the time of delivery and in the presence of the courier, the integrity of the packages delivered and their number, reporting any discrepancies in the number and/or integrity of the packages in writing in the designated space in the courier’s document, accepting the shipment subject to control and indicating precisely any anomaly found, which, duly signed, shall remain with the courier.
Art. 12 - Failed Delivery of the Product
1. Unless otherwise indicated by the User, SAVIX will send the repaired Product, i.e. the article/Product purchased, to the address provided by the User at the time of sign-up.
2. If the device and/or Product is returned to SAVIX because delivery could not be made to the address indicated by the User, SAVIX will attempt to contact the User to request an alternative delivery address.
3. After 5 (five) days have passed without result from the first delivery attempt, SAVIX will, at its sole discretion, decide whether to take action for payment of the fees due or whether to retain ownership of the Product, as compensation for the damage suffered
4. SAVIX, may dispose of the Product in accordance with the applicable regulations and, specifically, may sell the Product by private or public sale, in order to recover the costs incurred for any service carried out.
5. SAVIX reserves the right to enforce its legal rights and any other legitimate rights in relation to the amounts not paid by the User. SAVIX, applies after 5 (five) days of free storage, a storage charge of €0.35 (thirty-five cents) for each day of storage from the 6th (sixth) day.
Art. 13 - Withdrawal
1. A User acting as a Consumer who has purchased goods and movable goods and not repairs and/or services via the Website, has the right to withdraw from the contract, as regulated in Article 9 of Consumer Rights Directive 83/2011/EU, without having to state reasons, within 14 (fourteen) days from receipt of the goods, unless otherwise specified.
2. Purchases made by Professionals, resellers and companies are excluded from the right of withdrawal. Therefore, the right of withdrawal only applies to natural persons acting for purposes not related to their professional activity.
3. The exercise of the right of withdrawal shall be communicated by the consumer to SAVIX, in compliance with the provisions of this article of the general terms and condition, by a written communication sent by registered mail with return receipt to the address SAVIX srlu, Contrada Popoleto, 14/B, 70011 Alberobello (BA), Italy.
4. The notice of withdrawal shall specify the complete data of the Consumer - personal data and address -, the goods and services purchased, the date and number of the order, the date of the day of withdrawal, and, if in paper format, the signature of the withdrawing Consumer.
5. The Consumer must return to SAVIX, either by direct delivery or by shipment, using a carrier of his/her choice and at his/her own expense, within 14 (fourteen) days from the date of authorisation, the Products purchased, suitably packaged in their original packaging (if present), together with any accessories. The Products shall be shipped to the address communicated by SAVIX.
6. In the event of timely exercise of the right of withdrawal from this contract, in the manner and within the time stipulated, the Consumer shall be entitled to a refund of all payments he/she has made to SAVIX.
7. The direct costs of returning the goods shall be borne by the consumer and shall be the only costs due by the consumer for exercising the right of withdrawal.
8. Regarding the repairs, if the Consumer, for any reason, requests the cancellation of a repair order, he may do so only prior to its acceptance by SAVIX as provided for in Art. 6 no. 3 and 4 above. Once the repair order has been expressly accepted, it is no longer possible to cancel it except at the sole discretion of SAVIX.
9. The cancellation/modification of repairs is not always possible and never after collection by the courier.
10. The consumer who has accepted the repair quotation and has received acceptance of the order from SAVIX, declares that he/she is aware that, by accepting these terms and conditions, he/she is requesting SAVIX that the provision of the service begins before the 14 (fourteen) days provided for the right of withdrawal have passed and that, therefore, having received the appropriate notices, he/she is aware that he/she will lose the right to exercise the right of withdrawal.
Art. 14. Limitation of Liabilitỳ
1. Any liability that may arise even towards third parties, in relation to the nature of the content of the repair, is the sole responsibility of the User, while SAVIX assumes no responsibility for facts, events and circumstances relating to the content of the parcels being repaired. SAVIX is not responsible for the execution of the transport but exclusively for the execution of the mandate received, as well as any accessory obligations.
2. The liability of SAVIX, when provided for and attributable to it, in relation to any damage and claims arising from the repair operations entrusted to it, including any technical stops and transport, shall not exceed the compensation limit of the price paid for the repair; furthermore, SAVIX shall not be liable if proof is provided that the loss or damage to the goods was caused by the wilful misconduct or gross negligence of the carrier (courier) or its employees and agents, or of any other person it has used to carry out the transport, when such persons have acted in the performance of their duties.
Art. 15 - Warranty Right
1. Unless otherwise agreed between the parties, the warranty only covers the repaired Product and functional defects attributable to the repair or maintenance procedure that the Product itself, properly and correctly installed, shows within the period of validity of the warranty.
2. The Professional User shall benefit from the warranty for defects pursuant to Articles 1490 and 2226 et seq. of the Italian Civil Code, which shall expire one year after the Product is delivered, while the Consumer User shall benefit from the legal warranty of conformity provided for in Articles 128 et seq. of the Italian Consumer Code, which shall expire two years after the Product is delivered.
3. The Warranty must be asserted for the Professional User within eight days of discovery of the defect while the Consumer User must assert it within two months of discovery of the defect.
4. The warranty is not recognised for the following causes: - Tampering with or removal of the Warranty Seal; - Incorrect installation of the Product; - Tampering with or unauthorised opening of the repaired Product; - Malfunctioning due to causes external to the repair; - Lack of maintenance attributable to the User; - Expiry of the Warranty.
5. In the event of a fault, the User shall submit a warranty claim to SAVIX by sending an e-mail to: [email protected]. The order number and references of the purchase invoice have to be attached to the request.
6. Upon receipt of the warranty claim, if the prerequisites exist, SAVIX shall collect the Product in order to carry out a diagnosis of the operating defect. If the diagnosis confirms the operating defect and there are no grounds for exclusion of the warranty, SAVIX will repair or replace the Product, which shall be returned to the User.
7. If the diagnosis shows that the malfunction is due to negligence or failure to comply with the installation procedures, or one of the causes referred to in paragraph 4 exists, the warranty claim will be declined, and the User will be charged the relevant diagnosis and shipping costs. In this case, the User may inform SAVIX to proceed with the repair or replacement of the Product anyway, subject to payment of the amount indicated by SAVIX.
Art. 16 - Amendments and additional agreements
1. SAVIX reserves the right to make, at any time and in its sole discretion, any changes, additions and/or updates that it deems necessary and/or simply appropriate to the Website, the Services, the policies and these Terms and Conditions. The User shall be subject to the policies and terms of the General Terms and Conditions in force at the time when the User requests the Services from SAVIX, unless any changes are required by applicable law or competent authorities (in which case, they shall also apply to orders previously placed by the User).
2. If one or more of the clauses of these terms and conditions are void in whole or in part, this shall not invalidate the other clauses, in which case the parties undertake to replace the invalid clauses with valid clauses of the same or similar meaning and content.
3. The possible tolerance by one party of the other party's behaviors that constitute violations of the provisions of this contract shall not be deemed a waiver of the rights arising from the violated provisions, nor of the right to demand the proper fulfilment of all the terms and conditions established by the contract.
Art. 17 - Intellectual Property Rights
1. The contents of www.sipoint.com, such as, but not limited to, the works, images, photographs, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on www.sipoint.com, including the menus, web pages, graphics, colours, diagrams, tools, fonts and design of the Website, diagrams, layouts, methods, processes, functions, the contract, these terms and conditions and the software that are part of www.sipoint.com, are protected by copyright and all other intellectual property rights of SAVIX or its licensors. It is expressly prohibited to copy, modify, create works or works derived from and/or based on the Website and to reproduce, in whole or in part, in any form whatsoever, the Website www.sipoint.com its contents and data, without the express written consent of SAVIX.
2. SAVIX has the exclusive right to authorise or prohibit the direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of www.sipoint.com and its contents. Regarding the use of the Website, the User is only authorised to view the Website and its content. The User is also authorised to carry out all those other temporary acts of reproduction, devoid of any economic significance of their own, which are considered transient or additional, integral and essential part of the visualisation of www.sipoint.com and its contents, and all other operations of browsing on the Website that are only carried out for a legitimate use of www.sipoint.com and its contents.
3. The User is not authorized to carry out any reproduction, on any medium, in whole or in part, of the Website and its contents. Any act of reproduction must be authorized, on a case-by-case basis, by SAVIX.
4. Furthermore, the User is under no circumstances authorised to use, in any manner or form whatsoever, the contents of the Website and any work protected by copyright and any other intellectual property right of SAVIX.
5. The User is expressly prohibited from downloading, copying, reproducing, duplicating or otherwise using or disseminating any trademark, trade name, logo, ideogram, or other distinctive sign relating to SAVIX or www.sipoint.com or its products.
Art. 18 – Jurisdiction and dispute resolution
1. These Terms and Conditions are governed by Italian law. Solely the Italian written version of this Terms and Conditions shall be legally binding as the original text in case of dispute.
2. For all disputes that may arise in connection with this contract with the Professional Customer, including those relating to its validity, interpretation, execution, and termination, the Courts of Bari shall have exclusive jurisdiction. In compliance with the applicable legislation, the Consumer may bring an action in the jurisdiction of the place where he or she resides at the time the contract is concluded or the damage occurs, in addition to the competent territorial jurisdiction pursuant to the Italian Civil Code. The European Commission provides consumers with an online dispute resolution platform to resolve disputes amicably. Consumers can lodge a complaint at the following link: http://ec.europa.eu/consumers/odr/.
3. All disputes shall be governed by Italian law.
Art. 19 - Processing personal data
1. Your data will be processed exclusively in accordance with our Privacy Policy, which you can read at the following link.
Art. 20 - Additional Conditions
1. The following disclosures, including the relative link, as well as the pages they refer to, describe additional conditions regarding specific services offered by store.minitools.com and are an integral and substantive part of this agreement: Privacy and Cookie Policy.
Vers. 1.0 of 22/01/2025