Terms and conditions. Work Secure

This document is a legal agreement between you, as a User, and the natural or legal person who manages WORK SECURE and governs your usage of WORK SECURE and, in any case, the use of the services provided. “Legal Agreement” means that the terms of this agreement, once accepted by the User, are binding on the User. For simplicity, “User”, “you” ,”your”, “he”, “his” and similar terms, understood both in the singular and in the plural form, refer to you, the User. “WORK SECURE”, “we”, “our” and similar terms refer to WORK SECURE. “WORK SECURE” refers to this website. “Agreement” refers to this document. The Contract is in English. Other definitions can be found in the “Definitions” section at the end of this Agreement.

Acceptance of the Agreement

In order to use WORK SECURE, you must read carefully and accept this Agreement by clicking on the acceptance button. If you do not accept this Agreement you will not be able to use our Service.

About WORK SECURE

WORK SECURE S.r.l. sells safety clothing and accessories that can be purchased through its website. All the articles that are offered are classified according to European standards relating to the certification of personal protective equipment. The offer is aimed at subjects who use it for business, commercial, handicraft or professional purposes, as well as to subjects who, as consumers, use it for purposes that are potentially unrelated to any business, commercial, handicraft or professional activity. Unless expressly specified, the content of these terms and conditions apply indiscriminately to both.

Registration

In order to use the service or part of it, users must sign up by providing, truthfully and completely, all the data requested in the relevant registration form and fully accept the privacy policy and these general conditions. The user is obliged to safeguard his access credentials and maintain the confidentiality of such credentials.

Deleting and closing user accounts

Registered users can deactivate their accounts, request that their account is permanently deleted or stop using the service at any time, through the interface of WORK SECURE or by contacting the owner directly. The owner, in case of violation of these terms, reserves the right to suspend or terminate the user’s account at any time and without notice.

The owner reserves the right to suspend or terminate the user’s account at any time and without notice if he believes that:

• the user has violated the agreement; and/or

• the access or use of the service could cause damage to the owner, to other users or to third parties; and or

• the use of WORK SECURE by the user may result in a violation of the law or applicable regulations; and/or

• in case of investigations conducted as a result of legal actions or for the involvement of public authorities; and/or

• the user account is considered by the owner, at its sole discretion and for any reason, inappropriate or offensive, in violation of the agreement or not in line with the owner policy.

Content provided by the user

Users are responsible for their own content and that of third parties who share material on WORK SECURE, through uploading, publishing or in any other way. Users indemnify the owner from any liability in relation to the illegal distribution of third-party contents or the use of WORK SECURE in ways that are against the law.

The owner does not carry out any type of moderation of the content published by the user or by third parties, but may decide to interrupt or suspend the presence of such content in case one or more of the following circumstances occur:

• there are complaints from other users;

• he receives a notification of violation of intellectual property rights;

• he believes it must do so in anticipation of, or as a result of, legal action;

• such action is required by public authorities; or;

• he believes that this content, if kept accessible through WORK SECURE, could put users, third parties, the availability of the service and/or the Owner at risk.

Rights on user-generated content

The only rights that are granted to the owner in relation to user-generated content are those necessary for the functioning and maintenance of WORK SECURE.

By sending, publishing or viewing content on or through WORK SECURE, the user grants the Owner the permission – without territorial limits, non-exclusive, free, and with the right of sublicensing – to use, copy, reproduce, process, adapt, edit, publish, transmit, view and distribute such content in any media or distribution method currently available or developed thereafter.

Content provided by third parties

The owner does not make any prior moderation on the contents or hyperlinks provided by third parties and published on WORK SECURE. The owner is not responsible for such contents and their accessibility.

Services provided by third parties

Users can use third-party services or contents included in WORK SECURE, but they must first have read third-party Terms and Conditions and have accepted them. Under no circumstances, the owner can be held liable in relation to the proper functioning or availability, or both, of the services provided by third parties.

Prohibited use

The service must be used in accordance with these terms and conditions.

The users agree not to:

reverse engineer, decompile, disassemble, modify or create derivative works based on WORK SECURE or any part of it;

• bypass the information technology systems used by WORK SECURE or its licensors to protect the content accessible through them;

• copy, store, modify, edit, create derivative works or alter in any way any of the content provided by WORK SECURE;

• use any bot, spider, search and/or site retrieval application, or any other automated device, process or means to access, retrieve, scrap or index any portion of WORK SECURE or its contents;

• rent, license or sublicense WORK SECURE;

• defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights (such as the right to privacy and publicity) of others;

• divulge or publish illegal, obscene, illegitimate, defamatory or inappropriate content;

• illegally appropriate the account in use by another user;

• sign up or use the service in order to approach other users to promote, sell or advertise in any way products or services of any kind through WORK SECURE;

• use WORK in any other improper way that violates these terms and conditions

Terms of sale

Purchase process

Each order made by the user constitutes an offer to purchase the products. Orders are subject to availability and discretionary acceptance by the owner.

The user must select the products and check out, after having carefully checked and possibly modified the information contained in the order summary. The order is finalized by confirming it and it is subject to payment of its price, taxes, shipping costs, and payment fees, as indicated in the order summary form.

The order processing receipt does not constitute order acceptance. The conclusion of the contract takes place when the order confirmation is sent by the owner to the email address provided by the user. The owner reserves the right not to confirm an order by communicating to the user within 20 days of purchase – to the email address associated with his purchase – the possible unavailability of one or more of the purchased items.

Payment methods

WORK SECURE uses third-party tools for processing payments and does not process or store any payment data – such as credit card sensitive information – provided by the user.

Any costs for managing user payments that are not accepted will be charged to the user.

Product availability

Prices, descriptions or availability of the products displayed are subject to change without notice. All pictures shown are for illustration purpose only and may not constitute an exact representation of the products.

The Owner will do his best to describe the features of the products with the greatest degree of detail possible on WORK SECURE, in every tab corresponding to the product viewed by the user. However, the images and colors of the products offered for sale on WORK SECURE may differ from the actual products because of multiple factors including, but not limited to, the user’s computer monitor, photographic filters, etc. Therefore, the user acknowledges and accepts that any minor differences do not constitute a lack of conformity of the products.

Execution of the order

The Order is executed in the terms specified in the summary page and in the order confirmation email, and it is subject to the availability of the ordered product.

The Owner cannot be held responsible for damages suffered by the User due to delays in delivery that are not dependent on circumstances foreseeable by the parties at the time the order confirmation is sent.

Delivery

Deliveries are made during normal working hours to the address indicated by the user and in the manner specified in the order summary. The items ordered are usually shipped within 24 hours of receipt of payment.

Delivery times vary depending on the destination, based on the following table, whose values are purely indicative:

• Italy (excluding islands): 2 working days

• Italy (islands): 3 working days

• European Union: 5 working days

Upon delivery, the user must verify the contents specifying any anomalies in the delivery form or, if need be, sign “unexamined” and collect the package.

In case of non-collection within the deadline set by the carrier, the products will be returned to the owner, who will refund the price of the products but not the shipping cost. The owner cannot be held responsible for errors in the delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the user or for delays in delivery attributable to the carrier.

The owner delivers to the following countries: European Union countries.

Right of withdrawal

In case of purchase of products or services on WORK SECURE, the user has the right to withdraw from the contract without giving any reason within 7 days. The withdrawal period expires after 7 days from the day on which the user or a third party – other than the carrier and designated by the User – acquires physical possession of the goods. To exercise the right of withdrawal, the user is obliged to inform the owner of his decision to withdraw by means of an explicit declaration sent to the contacts indicated.

For this purpose, he can use the model for exercising the right of withdrawal reported in the “definitions” section of this document. The User is also free to express his choice to withdraw from the contract in any other equivalent way.

Effects of the withdrawal

If the User withdraws from this contract, he will be reimbursed for all the payments he has made to the owner, excluding delivery costs and in any case not later than 7 days from the day on which the owner is informed of the user’s decision to withdraw from this contract. These refunds will be made using the same payment method used by the user for the initial transaction unless the user has expressly agreed otherwise. The reimbursement may be suspended until receipt of the goods or until the demonstration by the user of having sent back the goods, if earlier.

The user is requested to return the goods and hand them over to the owner without undue delay and in any case within 7 days from the day on which the withdrawal from this contract was communicated. The deadline is met if the user sends back the goods before the 7-day period expires. The costs of returning the goods will be borne by the user. The user is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics, and functioning of the goods.

Limitations on the right of withdrawal

Returned products that are damaged or used in a different way than what is strictly necessary to establish their nature, characteristics, and functioning will be refunded after deduction of the decrease in value resulting from damage or use. Reimbursement is excluded when the decrease in value is total.

The user must insert a copy of the received delivery document inside the packaging box.

The right of withdrawal does not apply:

• to customized or clearly personalized goods;

• to goods that are liable to deteriorate rapidly;

• to sealed goods that have been open after delivery and are not suitable to be returned for hygienic or health-protection reasons.

If one of the aforementioned exceptions is applicable to the goods purchased by the user, he will not be able to exercise his right of withdrawal.

Applicability of the withdrawal clauses

The clauses concerning the exercise of the right of withdrawal, as well as the related consequences and exceptions, apply exclusively to the user who qualifies as a consumer, that is to the User who acts for purposes that are unrelated to his business and professional activity.

However, the user who does not qualify as a consumer has the right to exercise a right of contractual withdrawal unilaterally granted by the owner under the same conditions described above.

Warranty

The user who makes purchases as a consumer has the right to the legal warranty of conformity of all products and services purchased within 12 months, provided that notice is given within 7 days of the discovery of the defect.

To exercise the right of warranty, the user is required to contact the owner at the contact information contained in this document, giving an accurate description of the defect found.

If the lack of conformity of the product is verified, the user has the right to obtain, at his choice, the repair or replacement of the defective product.

Moreover, the user has the right to request to the owner an appropriate price reduction or the termination of the contract in the following cases:

• if repair and replacement are impossible or excessively expensive;

• if the owner has not repaired or replaced the goods within a reasonable time period, in any case not less than 21 days;

• if a previous replacement or repair has caused significant inconvenience to the user.

In any case, the user is obliged to return the defective products.

Indemnification and limitations of liability

The User agrees to hold the owner (as well as any companies affiliated or controlled by the owner and its representatives, administrators, agents, licensees, partners, and employees), harmless from any obligation or liability, and to indemnify any legal costs incurred to defend himself in court, which may arise due to damages caused from other users or third parties, in relation to contents uploaded online, a violation of law or of these terms of service.

Limitations of liability

WORK SECURE and all the features accessible through WORK SECURE are made available to the users under the terms and conditions of the agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of the suitability of the services offered for the user’s specific goals.

WORK SECURE and the features accessible through WORK SECURE are used by the users at their own risk and under their own responsibility.

In particular, the owner, within the limits of the legislation in force, is liable for damages of a contractual and extra-contractual nature to the users or third parties only by way of willful misconduct or gross negligence when these constitute an immediate and direct consequence, due to fraud or gross negligence, of the activity of WORK SECURE. Therefore, the owner shall not be liable for:

• any losses that are not a direct consequence of the breach of the agreement by the owner;

• any loss of business opportunities and any other loss, even indirect, that may be incurred by the user (such as but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);

• damages or losses resulting from interruptions or malfunctions of WORK SECURE due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the owner’s control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and/or other means of transmission, unavailability of websites, strikes, natural disasters, viruses, and cyber-attacks, interruptions in the delivery of products, third-party services or applications; and

• incorrect or unsuitable use of WORK SECURE by users or third parties.

In particular, the user acknowledges and accepts that, although the items sold by the owner are certified, labeled, and regulated in accordance with the European and national legislation in force, it is the user’s sole responsibility to evaluate which clothes, devices, accessories or other products are suitable, appropriate or mandatory in his specific case.

Service interruption

To guarantee the users the best possible use of the service, the owner reserves the right to interrupt the service for maintenance or system updates, informing the users through constant updates published on WORK SECURE.

Service reselling

Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of WORK SECURE and of its services without the owner’s express prior written permission, granted either directly or through a proper reselling program.

Gli Utenti non sono autorizzati a riprodurre, duplicare, copiare, vendere, rivendere o sfruttare qualunque porzione di WORK SECURE e dei suoi Servizi senza il previo permesso scritto da parte del Titolare, garantito direttamente o tramite uno specifico programma di rivendita.

Intellectual property rights

All the application marks, figurative or nominative, and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos that appear on WORK SECURE are and remain the exclusive property of the owner or its licensees and are protected by the laws in force on trademarks and by the related international treaties.

All trademarks and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos concerning third parties and the contents published by such third parties on WORK SECURE are and remain the exclusive property or in the availability of said third parties and their licensors and are protected by trademark laws in force on and by the related international treaties. The owner does not have the ownership of these intellectual property rights and can use them only within the limits and in compliance with the contracts concluded with said third parties and for the purposes outlined therein.

Changes to these terms

The owner reserves the right to make changes to these Terms at any time, giving notice to the user by publishing them in WORK SECURE.

The user who continues to use WORK SECURE after the publication of the changes accepts the new terms without reserve.

Assignment of the contract

The owner reserves the right to transfer, assign, dispose of by novation or subcontract all or some of the rights or obligations arising from these terms, provided that the user rights provided herein are not affected.

The User may not assign or transfer his rights or obligations under these terms in any way without the written authorization of the owner.

These Terms have been written and revised in Italian and translated into English. Unless he is a consumer, the user acknowledges and accepts that any version of these terms in any language other than the Italian language is to be considered a mere translation and that, therefore, in the event of discrepancies or contradictions, the text in Italian will certainly prevail over other versions.

Applicable law and jurisdiction

The present terms and all disputes regarding the execution, interpretation, and validity of this contract are subject to the law, the jurisdiction of the State, and the exclusive jurisdiction of the court of the place where the owner is located. The exclusive jurisdiction of the consumer is an exception if the law provides for it.

Online dispute resolution for consumers

The consumer who lives in Europe must be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve—in a non-judicial way—any dispute relating to and/or deriving from online contracts for the sale of goods and services. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract that you have stipulated with the owner. This platform is available at the following link.

The owner is available to answer any question sent by email to the email address specified in this document.