General Terms and Conditions for the purchase of services and supplies
Weerg S.r.l. - hereinafter also referred to as Weerg - with corporate office in 30037 Scorzè (VE), Via Campocroce 14, is an Italian company that offers companies, public bodies or individuals prototypes or production run of parts using the best CNC and 3D printing technologies.
Please read the General Conditions of Use and Supply to understand the terms and conditions of the services you will have access to through the use of the website www.weerg.com.
Please read our privacy notice and cookies notice to understand how we process the personal information you provide through the use of the services.
GENERAL CONDITIONS OF USE
By accessing the website www.weerg.com you can use our services. By using our services, you signify your agreement to be bound by the general conditions of use, which we invite you to read carefully.
Through the newsletter service you will receive commercial, advertising and/or promotional news and information directly in your e-mail box.
To receive the newsletter, you need to subscribe by providing your e-mail address and consent to the use of your personal data for the purposes specified in the privacy notice. No message will be sent without prior authorization. You can cancel your subscription at any time.
ONLINE QUOTE AND FREE CONSULTANCY
Through the online quote and free consultancy service you can ask Weerg free of charge for a free feasibility study of the piece you want to make and its characteristics (materials, tolerance, price, and shipping date).
A feasibility study will not bind you to place an order of the piece.
To use the service, you are required to enter the data required by the format. For any information regarding the processing of the personal data provided by you and necessary for the purposes of the feasibility study, please read the privacy notice. In the dedicated area of the support center site you will find all the answers to your questions regarding operations.
The contact us service enables you to ask for any information that you may consider useful about Weerg's activities.
To use the service, you are required to enter the data required by the format. For any information regarding the processing of the personal data provided by you and necessary for the purposes of the feasibility study, please read the privacy notice.
INTELLECTUAL PROPERTY AND INDEMNITY
Ownership, copyrights and/or industrial property rights relating to the designs, projects and documents provided by the customer for the production of the pieces shall be and remain with the buyer/customer.
By using the services described in the conditions of use and in the conditions of supply, the user/customer guarantees that the designs, projects and documents provided to Weerg do not infringe any industrial and/or intellectual property rights of third parties.
The user/customer shall, in any case, hold Weerg harmless from any damage, liability, cost and expense, including legal fees, or third-party claims resulting from any violation of Legislative Decree no. 30/2005 and of the law 633/1941.
COPYRIGHT AND DATABASE RIGHTS
All content included in or made available through the Weerg site or services, such as texts, graphics, logos, images, data compilations, and software of any kind, is the property of Weerg or Weerg’s content providers and is protected by national and international copyright and database right laws.
ELECTRONIC COMMUNICATIONS AND WRITTEN NOTICE REQUIREMENT
When you use any Weerg service, e.g. send us e-mails and/or other communications from your computer or other device, you are communicating with Weerg electronically. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
By reason of providing the services described in the general conditions of use and in the general conditions of supply Weerg may acquire confidential information and/or information that is property of the user/customer.
Weerg recognizes the confidential nature of any information received from the user/customer and therefore undertakes to lay down its own confidentiality obligations by means of this confidentiality agreement which you can download, fill in and then send to the e-mail address email@example.com
Through your personal Account you can manage orders and all your personal information.
You must not use your account to create false and/or third-party profiles and/or for purposes other than the currently available services (i.e. other than requesting a quote, placing an order, using a discount coupon, using payment options etc.).
To use your account, you are required to register by giving your e-mail address and consent to the use of your personal data for the purposes specified in the privacy notice.
If you create a personal account, you are required to:
- maintain the confidentiality of your account and password, and take all necessary steps to ensure that the password is kept confidential and secure. In case of any unauthorized use of your account, whether it's your fault or not, you are required to inform us as soon as you find out;
- ensure that the details you provide us with are correct and complete, and update it if necessary.
In this regard, you shall hold Weerg harmless from any damage, liability, cost and expense, including legal fees, or third-party claims arising out of any unauthorized use of your account and/or out of any use that does not comply with the instructions set out herein.
Weerg reserves the right to prevent you from accessing the site and/or your personal account, to suspend or terminate your account, to remove or modify any content of the site at its own discretion, if you are in breach of applicable laws, these General Conditions of Use or applicable guidelines or policies.
REVIEWS AND COMMENTS
Weerg is a Trusted Shops certified shop.
Please read the privacy notice to find out more information in this regard.
By creating an account, you signify your agreement to your personal data being processed for the purposes specified in the privacy notice.
ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS
Weerg reserves the right to make changes to any policies, these General Conditions of Use and the Terms of Service at any time in order to offer new products or services or to comply with laws and regulations. You will be subject to the general conditions, which you will receive upon confirmation of your order, in force at the time that you use Weerg services. If any of these conditions of use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
GENERAL CONDITIONS OF SUPPLY
Weerg shall only supply the goods as specified in the order and in the quote accepted by you. Should you have any further requests, a new order and consequent new quote shall be required, and before production Weerg shall assess the feasibility of the product within the terms specified in art. 5. The order shall then be validated by Weerg, without prejudice to what is specified below.
Your order is to be considered as a contractual proposal to WEERG for the supply of the products that you request Weerg to make, which shall be considered in the conditions and with the characteristics requested by you. Upon acceptance of the quote you shall be under an obligation to pay; if you fail to fulfil your obligation to pay, the contract will not be concluded and Weerg will be under no obligation. The contract will be concluded through the point&click system. Only after payment is made will production be started. The only exception to the rule that production will be started only after payment is made is when the parties agree on a deferred payment scheme or any such other scheme as may be agreed at the time of signing the contract.
- PRICES AND PAYMENT TERMS
The price, terms, and payment methods shall be those specified in the quote at the time of order confirmation. Any delayed delivery due to the customer/buyer's failure to carry out, or delay in carrying out, its activities shall not affect the payment terms, which must in any case be met.
The web pages for payment are managed directly by the credit institution and are protected by an encryption system, therefore they are unrelated to Weerg, and Weerg shall not be liable for any damage or data theft occurring in third party pages.
The invoice will be made using the data provided by the applicant during registration of their account; therefore, we invite you to verify that such data is complete.
- MODIFICATIONS AND CHANGES.
You can change or cancel your order, or modify addresses, amounts and materials until payment.
To change your order, wait for it to be validated, then click on "modify order" in the "orders" section of your user area and you will be prompted for confirmation and then you can change any of the items in your cart and submit the modified order to us. Each change will entail a new quote and, consequently, a new procedure to conclude the supply.
Once payment has been made you can no longer modify your order in terms of model and product. Any exceptions to the provisions set out in this section must be agreed separately by means of a dedicated agreement.
- RIGHT OF WITHDRAWAL
The right of withdrawal applied to consumers who enter into distance selling contracts, which allows them to withdraw from, or cancel, a contract within 14 days of receipt of the Products without giving any reason or incurring any costs, does not apply to the supply of goods made to the consumer’s specifications or clearly personalised.
- TECHNICAL DOCUMENTATION AND DESIGN ERRORS.
The technical documentation is provided by you on your own responsibility as regards the points already covered in the general conditions of use. The feasibility study will not imply that the project is good for the intended use, nor will it involve any evaluation of the technical documentation.
The technical documentation must comply with the characteristics specified in the dedicated area of the website www.weerg.com .
On our site you can find the technical design specifications, including, but not limited to specifications with regard to tolerances, thin walls, thermoplastic deformation and minimum holes (you can find the complete list of product specifications at weerg.com/faq) for every type of production that Weerg can carry out. Therefore, if you fail to comply with the technical specifications at the design stage, Weerg will not be liable for any defects at the production stage or during use by you and will not be able to carry out an evaluation of the project.
Our acceptance of the order shall not, indeed, guarantee that we will check the production limits and specifications as outlined above and detailed on our website (www.weerg.com , which we invite you to read). We only check that the supplied file can be produced in accordance with your design, and we cannot know whether your design will give rise to any defects at the production or postproduction stage.
To avoid such problems, we have made available to you a paid file verification service, which you can select in the quote at the price indicated on the website.
- NON PRODUCIBILITY.
Weerg reserves the right to refuse any requests for production without having to explain its decision. In any event, Weerg will automatically refuse any requests for quotes relating to the production of weapons or weapon components, or in the event that such goods might be misused as weapons as described below. If a product turns out to fall within the categories of objects or goods that cannot be produced, Weerg will automatically refuse the request as Weerg does not fall into the category of "dealers" in accordance with Legislative Decree 104/2018 of 10 August 2018 and published in the Italian official journal on 08/09/2018, which transposes Directive (EU) 2017/853 of the European Parliament and of the Council of 17 May 2017 amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons, which entered into force on 14.06.2018.
Furthermore, if as a result of your order the product - despite the checks carried out - is used for purposes or with functions falling within the scope of the typical products manufactured by dealers, Weerg shall be not liable and shall be held harmless from any damage suffered and from any costs incurred by reason of taking action to defend itself.
- DELIVERY METHOD AND COSTS
Unless otherwise stated in the order, delivery of the goods is always ex Weerg works; therefore, from delivery to the carrier or shipper all risk and damage will be borne by the customer, who may sue the transport managers or third parties for damage compensation on its own account only.
All transport and insurance costs will be borne by the customer in the manner agreed upon at the conclusion of the order.
If the ordered goods were to be delivered outside of Italy you may incur import duties and taxes payable once the package has reached the specified destination. Weerg shall not bear the costs of customs clearance, which shall be entirely borne by the customer; likewise, Weerg cannot have any knowledge of customs clearance times, which therefore must not be considered in the context of the delivery terms.
- DELIVERY DATE.
The goods will be delivered within the delivery term indicated in the quote. Such delivery date is not an essential term of contract, but rather an estimated date; therefore, any delay in delivery will not entitle the customer to request termination of the contract or seek damages. More information can be found in the dedicated area of the website.
Should the buyer fail to collect or authorize the delivery of the goods, the buyer will be required to pay any additional transport and/or storage costs that Weerg may incur as a result of the non-delivery.
- EXCUSED NON-PERFORMANCE.
Failure to pay - in whole or in part - will be regarded as a serious breach. It will therefore legitimize Weerg's suspension of services.
In case of failure to pay within the agreed terms, interest will accrue at the rate and in the manner set out in Legislative Decree 231/02.
Weerg is henceforth authorized by the buyer to subcontract the production of the goods to third parties or companies of the group.
- SOLVE ET REPETE.
The buyer cannot raise objections to Weerg's execution of the agreed services if the buyer has not fully fulfilled their obligations, in particular those relating to payment of the price, interest and accessory charges.
Under no circumstances will either Weerg or any third parties related to Weerg, e.g. suppliers, officers, directors, employees and agents, be liable for any special, incidental, indirect or consequential damage of any kind resulting from loss of use, data or profit arising from of or in connection with the use of the site or the product made through the order generated with and under the conditions described above, e.g. through the website or one of the offline methods or from the non-supply by Weerg of the ordered products or services.
Under no circumstances will Weerg be held liable for any damage or consequences arising out of or in connection with a misuse or unauthorized use of the site, its contents, services and products due to the buyer’s inexperience or non-compliant use by the buyer, or for any defects not directly related to the production phase. If a user lives in a country that does not allow any of the exclusions or limitations of liability set out above or any disclaimer of the guarantees set out in the previous section, such exclusions or limitations will not apply to such user, but only where such exclusions or restrictions are not permitted. In that case, these exclusions or restrictions must be limited to the maximum extent permitted by applicable law.
The guarantee regime on products made by Weerg differs according to whether the buyer is a "consumer" or a "professional" under Directive 1999/44/EC.
The Legal Guarantee - which Weerg is required to provide as the implementer of your project - guarantees the asset against any lack of conformity with the contract.
Pursuant to law, in the event of applicability of the Legal Guarantee, you will be entitled to have the goods restored to conformity free of charge by repair or replacement, or, if this were not possible, to have the price reduced or the contract rescinded.
Weerg is therefore liable for any lacks of conformity becoming apparent within two years as from delivery of the goods and directly caused by the production of the product; therefore, Weerg will not be liable for any lacks of conformity resulting from the project and subsequent use of the product. You must, however, report the lack of conformity within one month from discovery.
The protection by legal guarantee is reserved exclusively for consumers, who act for purposes unrelated to any business, commercial, craft or professional activity, and only applies to contracts between consumer and seller. In all other cases where goods are supplied and made for companies, associations or professionals with VAT number, the Italian Civil Code shall apply (art.1490 et seq.).
Weerg cannot in any way be held responsible for any errors in the design, choice of material and product specifications not directly related to the production.
- EXCLUSIVE JURISDICTION
These General Conditions of Sale shall be governed by and construed in accordance with the laws of Italy (with the exception of the conflict of law provisions), and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The Court of Venice shall have exclusive jurisdiction. You may, therefore, bring a claim to enforce your consumer protection rights in connection with these General Conditions of Sale in the EU country in which you live or are domiciled. If you are a consumer and have your habitual residence in the EU, you may additionally enjoy the protection afforded to you by mandatory provisions of the law of your Country of residence.
If you breach the General Conditions of use and of supply and we take no action, we will still be entitled to take action in any other situation where you breach these General Conditions of use and supply.
We activate accounts and produce consumer goods for adults only. If you are under 18 you may use Weerg services only with the involvement of a parent or guardian.
- OUR CONTACT DETAILS
Via Campocroce, 14
30037 - Scorzè (VE) Italy
Via Zandonai, 10
30174 - Mestre (VE) Italy
VAT number IT04202870277
REA number VE-374658
Corporate Capital Euro 10,000.00
Phone: 041.5383540 - firstname.lastname@example.org- or live chatting from www.weerg.com