GENERAL CONDITIONS OF SALE OF PRODUCTS
The products in the virtual catalogues on the web page www.store.newholland.com (hereinafter"Products") are offered for sale by:
Antalis Promotion S.p.A.
(hereinafter "Antalis")
registered office at Via Aosta 1, 24040 Ciserano Zingonia (BG), Italy
tax-payer code and VAT reg. n. 02246890160
enterprise registry n. 45860 - Chamber of Commerce reg. n. 274255
e-mail address: newhollandstore@antarea.it
Antalis is authorised by New Holland Kobelco Construction Machinery S.p.A. (hereinafter "New Holland Construction"), which has proprietary and user licence interests in the trademark 
(the "Trademark") - to operate an e-commerce system covering exclusively the sale of articles linked to the Trademark.
For the purposes of sale of the aforesaid articles, Antalis shall have no power to represent New Holland Construction in relation to purchasers ("Customers"). Therefore, Antalis shall have sole responsibility in relation to the Customers, with specific exclusion of all liability on any grounds on the part of New Holland Construction.
The sales contract may be concluded in Italian, English, French, German, Spanish, Portuguese.
1. APPLICATION OF THE GENERAL CONDITIONS OF SALE
These General Conditions of Sale (hereinafter "General Conditions") shall apply to all sales contracts concluded by means of the procedure activated on the Site, provided the purchaser is a consumer, i.e. provided the Products are purchased for purposes unrelated to the business activities of the purchaser (hereinafter "Customer").
The procedures and conditions of purchase of the Products shall be governed by these General Conditions of Sale, which shall be accepted by the Customer and form an integral part of the substance of all proposals and orders for purchase of the Products (hereinafter integrally the "Contract").
These General Conditions are drawn up in compliance with the Italian Law 206/2005 (hereinafter "Consumer Code").
No other contract conditions shall apply, even if not specifically rejected by Antalis.
Before purchasing, Customers are requested to read these General Conditions of Sale; they are also authorised to save or duplicate them, or print and/or download copies.
For any further information, the Customer is kindly requested to contact Antalis at the email address newhollandstore@antarea.it
2. DESCRIPTION AND CHARACTERISTICS OF THE SERVICE FOR SALE OF THE PRODUCTS
The service for the sale of the Products in operation on the Site includes registration, access to the selection functions, choice of Products, on-line submission of the purchase order and possible on-line acceptance of the purchase order, pursuant to Articles 50 to 61 of the Consumer Code.
2.1 - Registration
In order to activate the service, the purchaser must register in accordance with the registration procedure, accepting the General Conditions outlined above, which govern the contract for supply of the Products, and giving his consent to the use of his personal data. The Customer shall conserve the password with the greatest care, undertaking not to allow the service to be used without his authorisation by third parties, for whose behaviour on the web he accepts all responsibility. In the event that the password is mislaid, stolen or lost, the Customer shall activate the new password issue procedure provided on the Site.
2.2. - Access
Access to the service is only granted to registered customers who have entered their username and password in the relevant section.
2.3. - Purchase Order
All purchase orders received by Antalis must clearly state the Product code and description, the quantity, and the consignee's name and address.The order procedure on the Site allows any errors made during input of the data to be detected and corrected before the purchase order is sent.
The purchase order sent by the Customer is a contract proposal binding on the Customer under Art. 1326 of the Italian Civil Code, and therefore cannot be modified or cancelled.
To confirm receipt of the order,Antalis shall send the Customer an email summarising the items ordered to the e-mail address stated in the registration. This e-mail is for information purposes only pursuant to article 13 of Italian Law 70/2003 and shall not constitute acceptance by the order on the part of Antalis.
2.4. - Acceptance of the purchase order and finalisation of the sales contract
Antalis reserves the absolute right to accept or reject the purchase order sent by the Customer. The order shall be confirmed by a subsequent e-mail. Subject to the terms of the next point, Antalis undertakes to fulfil the Customer's order within no more than 30 days from the day after the day on which the Customer sent the order.Naturally, fulfilment of the order shall be subject to actual availability of the Products. In the event that the Product is not available and/or the order is rejected, Antalis shall inform the Customer without delay and reimburse him if the payment has already been made. In these circumstances the Customer shall not be entitled to any compensation or damages.
2.5. - Sales contract filing procedure
The sales contract shall be placed on file on the Site, in the relevant section (Conditions of Sale), and the Customer shall be able to access it at any moment by following the display procedure provided on the Site.
3. PRODUCT CHARACTERISTICS
The Products are illustrated in the on-line Catalogue in a manner which corresponds as closely as possible to their actual characteristics, although Antalis does not guarantee the complete accuracy of the images and colours as they appear on the Customer's video screen.
The information about the Products in the on-line Catalogue, such as technical and other characteristics, size, compatibility or colours, are not binding and are subject to modification at any moment; in the event that the Customer is misled by any of the aforesaid information, he shall be able to exercise his right to withdraw from the contract under Art. 8 below.
The Products illustrated in the on-line Catalogue shall be available for purchase while stocks last, while Antalis reserves the right to cease to make Products available, and/or to modify their characteristics, at any moment.
Antalis also reserves the right to update the on-line Catalogue at any moment, without any notice, with the deletion and/or addition of Products.
4. PRICES OF PRODUCTS
The prices of the Products shall be those stated in the Price List published on the site on the day when the order is sent by the Customer, before sending of the order.
The prices of the Products published on the site are in Euro and include standard packaging and, for EU States, the Principality of Monaco and the Isle of Man, VAT at a rate depending on the type of Product.
The prices of the Products published on the Site shall never include:
a) delivery costs (i.e. shipment costs), which shall depend on the weight and the place of delivery
b) costs of any customisation of the Products (where possible)
c) costs of any special packaging (where possible).
All the aforesaid costs (delivery, customisation and special packaging), not included in the prices of the Products published on the Site, shall be stated separately in the order summary e-mail referred to in Art. 2.3 and confirmed in the order acceptance e-mail from Antalis referred to in Art. 2.4.
Moreover, for deliveries to be made to other states, Campione d'Italia, Livigno, the Channel Islands and the Canary Islands, the prices of the Products published on the web site www.store.newholland.com shall never include:
a) any sales taxes and/or duties
b) any customs duties and/or charges
c) any other tax and/or charge applicable to delivery of the Products ordered.
The Customer shall be responsible for payment of all applicable customs duties and charges in the country of delivery of the Products ordered. All charges or costs, of any kind, relating to the customs clearance of the Products delivered, shall be met in full by the consignee.
For any information concerning the payment of customs duties and charges and customs clearance procedures in other states and Campione d'Italia, Livigno, the Channel Islands and the Canary Islands, the Customer is advised to contact the competent customs offices (www.agenziadogane.it/index.html).
Subject to all the above, Antalis reserves the right to modify the Price List and any discounts published on the Site at any moment.
5. PAYMENT
Antalis shall issue the invoice on the date of shipment of the Products.
The price of the Products ordered shall be paid before delivery and payment may only be made using credit cards in the Visa , Mastercard and American Express (on-line) circuits.
5.1. - Payment by means of credit card
Payment by credit card belonging to the Visa, Mastercard and American Express circuits shall be made on-line in full, at the time of submission of the purchase order. The Customer shall therefore be requested to provide the details of his credit card in the purchase order, and the request for charging of the corresponding amount shall not be submitted until the order has been completed.
The Customer's credit card details sent during transmission of the purchase order are not accessible to Antalis, New Holland Construction or third parties, and are received on the secure servers (protected against unauthorised access) of Banca Sella, which handles credit card payments on behalf of Antalis.
When Antalis receives confirmation that the payment has been made, it prepares and ships the purchase order in accordance with Art. 6.
6. DELIVERY
Pursuant to Art. 54 of the Consumer code, the Products available in the Antalis depot shall normally be delivered:
(a) in Italy, within 15 (fifteen) working days after receipt of payment by Antalis;
(b) EU states other than Italy and in the other states, within 20 (twenty) working days after receipt of payment by Antalis.
Delivery shall be made from Monday to Friday, in working hours, by a specialist courier, with packaging provided by Antalis, to the consignee's address as stated by the Customer. The delivery terms stated by Antalis refer to products available in its depots and are not binding on Antalis, which may subsequently confirm or modify them depending on its requirements.
The Products shall be delivered, suitably packaged, by a carrier chosen by Antalis, to the consignee's address as stated by the Customer when the purchase order is sent.
On receipt of the Products, the consignee shall immediately check that the Products correspond in number and other respects to the Products ordered. In the event of discrepancy between the Products delivered and the Products ordered, the Customer shall be permitted to exercise the right to withdrawal described in Art. 8.
Freight costs, stated in the order summary e-mail described in Art. 2.4. and the invoice, shall be calculated on the basis of the weight of the goods, or on the basis of the weight/volume ratio, and the place of delivery of the Products, as stated in the tables below.
For deliveries in Italy, San Marino and Vatican City:
TABLE OF CHARGES FOR ITALY
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From 0 to 1 Kg
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€ 6.00
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From 1.01 to 10 Kg
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€ 9.60
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From 10.01 to 30 Kg
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€ 12.00
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From 30.01 to 50 Kg
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€ 27.60
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From 50.01 to 100 Kg
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€ 48.00
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every extra 10 kg
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€ 9.60
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Costs of customs operations for San Marino, Vatican City, Campione d'Italia and Livigno Euro 12.40
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Weight: volume ratio 1 to 300 (1 m3 = 300 kg)
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For deliveries to the other European states - EU and non-EU - and for intercontinental deliveries:
TABLE OF CHARGES FOR SHIPMENTS ABROAD
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ZONES
WEIGHT
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ZONE 1
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ZONE 2
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ZONE 3
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ZONE 4
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ZONE 10 +
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ZONE 5
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ZONES 6 - 7 - 8
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EUROPE
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EAST EUROPE
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REST OF WORLD
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from 0 to 30 KG
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0 - 2 KG
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19.20 €
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19.20 €
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19.20 €
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50.40 €
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44.40 €
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34,00 €
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50,00 €
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2.01 - 5 KG
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34.80 €
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34.80 €
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34.80 €
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60.00 €
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60.00 €
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55,00 €
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79,00 €
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5.01 - 30 KG
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43.20 €
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48.00 €
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50.40 €
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66.00 €
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66.00 €
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BY QUOTATION
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from 30.01 to 100 KG
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87,60 €
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96.00 €
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96.00 €
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100.80€
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100.80€
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BY QUOTATION
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every extra 50 kg
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50,40 €
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50.40 €
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50.40 €
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50.40 €
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50.40 €
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BY QUOTATION
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Costs of customs operations for non-EU states and zones not included in the Intrastat system Euro 10.33
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Weight: volume ratio 1 to 200 (1 m3 = 200 kg)
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Subdivision by Country of Destination
(*) Countries belonging to the European Union or zones included in the Intrastat system
Zone 1: Austria*, France*, Germany*, Liechtenstein, Monaco*, Switzerland;
Zone 2: Belgium*, Channel Islands, Luxembourg*, Holland*, United Kingdom*;
Zone 3: Denmark*, Finland*, Greece*, Ireland*, Balearics*, Canary Islands, Norway, Portugal*, Spain*, Sweden*, Turkey;
Zone 4: Albania, Andorra, Armenia, Azerbaijan, Byelorussia, Bosnia, Bulgaria*, Croatia, Georgia, Gibraltar, Iceland, Kazakhstan, Kyrgyzstan, Macedonia, Moldavia, Montenegro, Rumania*, Russia, Serbia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan;
Zone 10+ (new European States): Cyprus*, Estonia*, Latvia*, Lithuania*, Malta*, Poland*, Czech Republic*, Slovakia*, Slovenia*, Hungary*;
Zone 5: Canada, United States;
Zone 6: Argentina, Australia, Bolivia, Brazil, South Korea, Costa Rica, United Arab Emirates, Philippines, Japan, Greenland, Hong Kong, Kuwait, Mexico, New Zealand, Singapore, South Africa, Taiwan, Thailand, Venezuela;
Zone 7: Saudi Arabia, Belize, Chile, China, Colombia, North Korea, Cuba, Dominica, Ecuador, Egypt, El Salvador, Guatemala, French Guyana, Guyana, Honduras, India, Indonesia, Israel, Kenya, Macao, Malaysia, Morocco, Nigeria, Oman, Panama, Paraguay, Peru, Qatar, Dominican Republic, Syria, Suriname, Uruguay;
Zone 8: Afghanistan, Algeria, Angola, Anguilla, Antigua & Barbuda, Dutch Antilles, Aruba, Bahamas, Bahrain, Bangladesh, Barbados, Benin, Bermuda, Bhutan, Botswana, Brunei, Burkina Faso, Burundi, Cambodia, Cameroon, Chad, Congo, Congo (Democratic Republic), Ivory Coast, Djibouti, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Jamaica, Jordan, Grenada, Guadalupe, Guam, Guinea, Guinea Bissau, Equatorial Guinea, Haiti, Iran, Iraq, Reunion, Marshall Island, Niue Islands, Norfolk Island, Cape Verde, Cayman Islands, Comoros, Cook Islands, Fiji, Maldives, Northern Marianne Islands, Palau Islands, Solomon Islands, Virgin Islands, Kiribati, Laos, Lesotho, Lebanon, Liberia, Libya, Madagascar, Malawi, Mali, Mayotte, Micronesia, Mongolia, Montserrat, Mozambique, Myanmar, Namibia, Nauru, Nepal, Nevis, Nicaragua, Niger, New Caledonia, Pakistan, Papua New Guinea, Porto Rico, Central African Republic, Rwanda, American Samoa, Western Samoa, Sao Tome, Senegal, Seychelles, Sierra Leone, Somalia, Sri Lanka, St. Kitts, St. Lucia, St. Vincent, Sudan, Swaziland, Tahiti, Tanzania, Togo, Tonga, Trinidad & Tobago, Tunisia, Turks & Caicos, Tuvalu, Uganda, Vanuatu, Vietnam, North Yemen, South Yemen, Zambia, Zimbabwe.
7. RIGHT OF WITHDRAWAL
The Customer has the right to withdraw from the Contract, to be exercised within 10 working days after receipt of the goods purchased, in accordance with art. 5 of Italian Law n. 185/99. The Customer must send Antalis a fax or telegram (to be confirmed by registered letter within the next 48 hours) to the following address:
The notification of withdrawal must be sent to the following address:
registered office at Via Aosta 1, 24040 Ciserano Zingonia (BG), Italy.
In the notification of withdrawal, the Customer must always state the purchase order number and Product identification code.
The Customer must return the Products purchased, intact and complete (including the original packaging) to Antalis, at the address stated above, at its own expense and risk, within no more than 10 (ten) working days after receipt of the Products purchased. For sole purposes of the expiration of the aforesaid term of 10 (ten) working days, the Product shall be considered returned at the moment of consignment to the carrier or the post office of dispatch.
Withdrawal shall apply to all the Product purchased and therefore cannot be exercised with regard to only one part of the Product (e.g. accessories, wiring, manuals, etc.). Moreover, if the Product consists of several Products (kits or sets of Products), the withdrawal shall apply to the entire kit or set of Products and cannot be exercised with regard to only some of the Products which make up the kit or set of Products. The above shall not apply to customised Products, or Products delivered abroad.
The withdrawal right shall not apply to sealed audiovisual or software Products if the Customer has broken the seal.
In all the aforesaid cases, the withdrawal right shall not be considered to have been exercised legitimately by the Customer, and Antalis shall therefore return the Product to the Customer at the latter's risk and expense.
In the event that the returned Products are damaged in transit during return to Antalis, Antalis shall notify the Customer of the damage incurred in transit by the end of the second working day after receipt of the Products, to allow the Customer to notify the carrier and exercise its rights in relation to the latter, and in the meantime return the Products damaged in transit to the Customer, at the latter's risk and expense.
If the Customer exercises his right to withdraw in conformity with the requirements of Italian Law n. 185/99, Antalis shall be obliged to refund the sums paid by the Customer. The refund shall be made free of charge, in the shortest possible time, and in all cases within thirty days from the date when Antalis was informed that the Customer had exercised its right to withdraw.
8. WARRANTY
8.1. - Legal Warranty
Pursuant to Articles 128 to 135 of the Consumer Code, Antalis guarantees that the Products purchased on-line are free from defects and conform to the sales contract.
The Warranty on the Products is supplied by the producer in line with the relevant legislation.
The Customer must report any defects or conformities in the Products without delay, and within the legal terms, by registered letter with return receipt addressed to Antalis Via Aosta 1, 24040 Ciserano-Zingonia (BG), Italy. Otherwise, the Products shall be considered to have been accepted on delivery.
The aforesaid warranty provided by Antalis shall cease to apply in the event that:
the defect in the Product derives from negligence, improper use or accidents;the defect in the Product derives from normal wear and tear, rust or weather; the Customer was aware of the defect in the Product at the time of the conclusion of the sales contract, or could not have been unaware of it if due diligence had been exercised;the Product has been dismantled, tampered with, modified and/or repaired.
8.2.- Manufacturer's Warranty
In addition to the legal warranty contained in Art. 9.1 above, some Products may be covered by a commercial warranty granted by the producer (manufacturer's warranty), supplied in the Product's packaging, for the duration and in accordance with the terms and conditions specified on the relative warranty certificate.
9. PRODUCT LIABILITY
In its capacity as vendor, Antalis is liable for damage caused by the Products pursuant to Articles 114 to 127 of the Consumer Code, subject to the right of Antalis as vendor to relieve itself of liability by stating the producer's name.
10. AFTER-SALES SERVICE
In the event that the Customer finds discrepancies from his order (delivery of wrong articles, defective products, missing products, etc.), is dissatisfied with the service supplied, or requires information about the Products, he may contact the Customer Service at the following e-mail address: newhollandstore@antarea.it
In all such contacts, the Customer must supply the order number and Product identification code.
11. DATA PROTECTION Pursuant to art. 13 of Italian Law n. 193 of 2003 (Data Protection Code), Antalis hereby states that the data supplied by the Customer when registering on this Web Site shall be used for the provision of the services offered on the site itself, the sale of the Products and the activation of an information service. In the event of failure to provide the data, it will not be possible to provide the services listed above.
Antalis undertakes to acquire the personal data in compliance with the relevant data protection regulations and to pass them for use, also in conformity with the relevant regulations, to New Holland Construction which, again in compliance with the data protection regulations, shall make them available to Antalis, who thus becomes the data trustee, for the performance of the activities specified above.
The data controller is New Holland Construction, in the persons of the staff appointed by the Board of Directors.
The data trustee is Antalis, in the person of its pro-tempore legal representative, domiciled for the purposes of his appointment at Antalis Promotion S.p.A., Via Aosta 1, 24040 Ciserano-Zingonia (BG), Italy.
With regard to the use of his personal data, at any time the Customer may directly exercise his rights under art. 7 of Italian Law n. 193 of 2003 (herein the "Data Protection Code"), here referred to in full.
12. RIGHT OF ACCESS TO PERSONAL DATA AND OTHER RIGHTS
The Customer is entitled to obtain confirmation as to whether or not personal data relating to him are held, even if they have not yet been recorded, and the communication of the same in an intelligible form.
The Customer is entitled to obtain the following information;
a) the origin of the personal data;
b) the purposes for which they are used and the methods employed;
c) the logic applied if the data are used by electronic means;
d) the identity of the data controller, the data trustees and the designated representative under article 5, point 2 of the Italian Data Protection code;
e) the recipients or categories of recipients to whom the personal data may be disclosed or who may acquire the same as designated national representative, trustees or authorised users.
The Customer is entitled to obtain:
a) the updating, rectification or, if this is in his interest, the supplementation of the data;
b) the deletion, conversion into anonymous form or freezing of all data used in breach of the law, including those the conservation of which is not necessary for the purposes for which the data were collected or subsequently used;
c) the certification that the operations referred to in points a) and b) have been reported, also with regard to their contents, to those to whom the data have been communicated or distributed, unless this proves impossible or involves a disproportionate effort.
The Customer is entitled to oppose, totally or partially:
a) on legitimate grounds, the use of data relating to him, even if such use is relevant to the purpose for which they were collected;
b) the use of personal data relating to him for the dispatch of advertising material or direct marketing, or for market research or commercial communications.
13. GENERAL CONDITIONS
13.1. - Any tolerance, even repeated tolerance, of breaches or default under this contract shall not establish precedents or constitute grounds for the non-validity of the violated clauses or the other clauses of these General Conditions.
13.2. - In the event that any clause of these General Conditions is or becomes null and void or non-valid, it shall be interpreted in such a way that it maintains some validity, even if reduced in scope from its original purpose, and in all cases in a manner which enables it to retain some effect. In all cases, if a clause of these General Conditions is null and void or non-valid, this shall not lead to the non-validity of these General Conditions or the other clauses as a whole.
14. APPLICABLE LAW AND LEGAL JURISDICTION
14.1. - Applicable Law
These General Conditions and the sales contracts finalised using the procedure activated on the Site shall be governed by Italian Law, subject to any other rights assigned to the Customer by the imperative law in his country of residence.
The application of the 1980 Convention in Vienna with regard to international sales is specifically excluded.
14.2. - Legal Jurisdiction
Exclusive jurisdiction over any disputes relating to these General Conditions and/or sales contracts concluded by means of the procedure activated on the Site is assigned to:
in the case of Customers with residence or domicile in Italy, the law court in the place of residence or domicile of the Customer, subject to the Customer's right to bring proceedings against Antalis before the Bergamo law court
in the case of Customers with residence or domicile in a European Union State (other than Italy), the law court in the place of residence or domicile of the Customer, subject to the Customer's right to bring proceedings against Antalis before the Bergamo law court
in the case of Customers with residence or domicile in another state, the Bergamo law court, subject to application of any imperative rights assigned to the Customer with regard to legal jurisdiction.