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General terms and conditions of sale
1. GENERAL TERMS AND CONDITIONS OF SALE
1.1. Savifin S.r.l. (“SAVIFIN”) invites each user of this website to carefully read the SAVIFIN General Terms and Conditions of Sale set forth below (“CONDITIONS”) before completing any purchase and, when the transaction is completed, to print them out or save a digital copy thereof.
1.2. The CONDITIONS regulate the distance purchase of products and services promoted on the www.myrerum.com website (“WEBSITE”).
1.3. Products distributed by SAVIFIN (“PRODUCTS”, or “PRODUCT” in the singular) through the WEBSITE will be made available to users from time to time within the WEBSITE’s webpages.
1.4. These CONDITIONS contain the terms and procedures for purchasing PRODUCTS through the WEBSITE.
1.5. PRODUCTS are offered to the private consumer/user (“CONSUMER” or “USER”), namely to a person whose use of the PRODUCTS is for purposes unrelated to any entrepreneurial or professional activity that may be carried out, in conformity with the provisions of Italian Legislative Decree No. 206 of 6 September 2005 (“CONSUMER CODE”).
1.6. For the purposes of these CONDITIONS, the term CONSUMER by definition excludes a person who, when purchasing PRODUCTS, specifically enters – on the form reserved for entering personal/company particulars – the business name of the company and associated VAT number and/or Tax Code in addition to the mandatory data. If specific reference is not made to the category of CONSUMER, then the provisions of these CONDITIONS apply without distinction to all users who purchase PRODUCTS and services through the WEBSITE.
1.7. SAVIFIN may amend the CONDITIONS without prior notice. These changes will take effect as of the date of their publication on the WEBSITE. The CONDITIONS in force at the time when the Contract of Sale is concluded (“CONTRACT”) will be applicable to purchase orders that are transmitted to SAVIFIN before the aforementioned changes are published.
2. PURCHASE PROCEDURE – CONCLUSION OF THE CONTRACT OF SALE
2.1. The visual representation of the PRODUCTS on the WEBSITE corresponds as a general rule to the photographic image thereof and its sole purpose is to present and display them for sale, without any express or implied warranty or undertaking on SAVIFIN’s part as to the precise correspondence of the image portrayed on the WEBSITE with the actual product, particularly in reference to its dimensions and/or colour and also in view of the fact that the quality of the images, and hence the perception of colour, may depend on the programs used for their display and/or on the resolution and/or settings of the screen of the device used to connect to the WEBSITE. This applies particularly – but not exclusively – to the colours, textures and/or work processes of the fabrics. Furthermore, the visual representation of the bed – progressively configured by the Configurator/Bed Configurator based on the USER’S choices of components – is merely a provisional graphic representation without any contractual status which binds and commits SAVIFIN only in relation to the supply of all the components selected but not their form and/or size and/or colour.
2.2. SAVIFIN reserves the right, however, to alter the characteristics of the PRODUCTS at its discretion, if this does not significantly compromise their intended use. This applies, in particular to:
2.2.1. small changes in shape and/or size whose tolerances and associated measurement methods are contained in European (EN) and/or national (UNI) standards applicable in the sector;
2.2.2. the trade names and/or trademarks of the PRODUCTS supplied which, due to possible third-party rights, may not correspond to the trade names and/or trademarks of products that are present in the hotel; SAVIFIN will ensure, nevertheless, that PRODUCTS supplied to the USER will have the same functional and performance characteristics.
2.3. The publication of the PRODUCTS on the WEBSITE represents an invitation to the USER to make SAVIFIN a purchase offer (“ORDER”). Each ORDER transmitted by the USER comprises a contractual offer and constitutes actual acceptance of the CONDITIONS, which the USER should carefully read and accept in order to proceed with the transaction.
2.4. After SAVIFIN has received an ORDER from the USER, the latter automatically receives a confirmation of the ORDER (“CONFIRMATION”) containing the ORDER particulars and all the data related to the purchase or the PRODUCTS requested, the associated costs and any other charges payable by the USER, as well as the personal particulars and contact details of the USER and/or of the consignee, if different. The USER shall check that the CONFIRMATION is correct and to promptly notify SAVIFIN if there are any errors and/or changes. The USER’s transmission of the ORDER and SAVIFIN’s receipt thereof also constitutes confirmation that the USER has viewed and accepted the CONDITIONS as well as any special conditions.
2.5. SAVIFIN may or may not accept the ORDER that has been received, but if it refuses the order the USER shall not be entitled to bring claims or assert rights against SAVIFIN, on any basis whatsoever.
2.6. The CONTRACT between SAVIFIN and the USER shall be deemed concluded:
2.6.1. when SAVIFIN accepts the ORDER by sending the CONFIRMATION to the e-mail address indicated by the USER who submitted the ORDER, if the PRODUCTS are paid for by Credit Card, subject to SAVIFIN’s entitlement to rescind the contract if the payment fails to materialise and/or if there are errors and/or omissions in the WEBSITE management system;
2.6.2. when the payment registers in SAVIFIN’s current account, if the PRODUCTS are paid for by bank transfer.
2.7. SAVIFIN reserves the right in any case, at its sole discretion, not to accept the ORDER, promptly informing the USER of this by sending an email to the e-mail address indicated in the ORDER and refunding the PRICE if paid by the USER, and the USER shall not be entitled to bring claims or assert rights against SAVIFIN on any basis whatsoever. In particular, and for purposes of illustration only, SAVIFIN is entitled not to accept an ORDER from a USER who has acted irregularly, has not previously accepted the delivery of PRODUCTS it has purchased, or is suspected of unacceptable premeditated, fraudulent, or unlawful conduct, or if an order from a judicial authority requires this.
2.8. After the CONTRACT is entered into, SAVIFIN will proceed to ship the PRODUCTS, notifying the USER of the shipment by e-mail, if necessary.
2.9. SAVIFIN will electronically file each CONTRACT, which SAVIFIN or third parties whom it may assign to implement the CONTRACT will be entitled to view, where necessary.
3. PRICE OF THE PRODUCTS
3.1. The price of the PRODUCTS (“PRICE”) includes VAT and does not include any taxes, duties and charges applicable in the country where the PRODUCTS are destined, if other than Italy. These costs, which differ from country to country, are borne exclusively by the USER, who is responsible for verifying the amount with the competent customs authorities. If SAVIFIN is required to pay such taxes, duties and charges in advance on the USER’s behalf, pursuant to applicable legal obligations, the USER undertakes to refund the amount paid on its behalf in advance before the PRODUCTS are actually shipped/received.
3.2. The shipping charges (“CHARGES”) will be added to the PRICE of the PRODUCTS, and these charges will vary based on the shipping method and the country of destination. The total amount due for the PRODUCTS and for the CHARGES will be clearly indicated and notified to the USER before the CONTRACT is concluded. 3.3. SAVIFIN may vary and/or amend the PRICE and the CHARGES indicated on the WEBSITE until the CONTRACT is entered into, without the need to notify the USER in advance, and subject to SAVIFIN’s entitlement as indicated in subsection 2.7 above.
4. PAYMENT PROCEDURES
4.1. The PRICE and the CHARGES (“PAYMENT”) for the ORDER may be paid by PayPal, credit card, bank transfer and/or any alternative payment procedure that SAVIFIN decides, at its discretion, to make available to the USER from time to time through the WEBSITE, and/or directly using other payment methods.
4.2. PayPal or credit card payments will occur by redirects to official secure websites, where the procedures for transferring amounts due to SAVIFIN will be finalised. The CUSTOMER’s financial data will be managed directly by the official secure sites, and will not be shared with SAVIFIN.
4.3. The total amount due for each ORDER will be charged to the USER when the order is confirmed, based on the relevant payment method chosen.
5. SHIPMENT COSTS AND TIMES – DELIVERY OF PRODUCTS
5.1. Delivery times average 7 to 10 business days from the CONTRACT signing date and are intended only as a guide. In any case, goods ordered will be shipped within 30 days from the CONTRACT signing date, in compliance with applicable law.
5.2. Shipping times to the USER within Italy – except for destinations in the Calabria, Sicily, Sardinia and Venetian Lagoon regions and for disadvantaged areas as defined by the Italian Post Office – average around 72 hours from the CONTRACT signing date for PRODUCTS that do not require customisation, save in exceptional cases and in high season periods; for the remainder of the PRODUCTS, longer shipping times should be provided for. For destinations outside Italy, average shipping times envisaged for the PRODUCTS will be notified from time to time. These shipping times are not binding on SAVIFIN, in any case, as they are outside its control and should be taken as a projected estimate.
5.3. The shipment will take place after the CONTRACT is concluded, in accordance with subsection 2.6 above.
5.4. SAVIFIN shall not be liable to the USER, on any basis whatsoever, if there is a delay in processing the ORDER and/or in shipping/delivering PRODUCTS under the CONTRACT.
5.5. Shipment of the PRODUCTS shall be at SAVIFIN’s risk. The risk will be transferred to the USER when the PRODUCTS are delivered to the consignee’s address.
5.6. SAVIFIN will issue a delivery note for each CONTRACT finalised through the WEBSITE or – for USERS who entered their VAT number when the ORDER was being made – SAVIFIN will issue the relevant accounting document required by law in relation to the PRODUCTS purchased and the CHARGES. These documents will be sent either by using the email address that the USER specifies when the ORDER is submitted, or together with the products when shipped, whichever option SAVIFIN deems preferable. The accounting document cannot be altered after its issuance, nor will it be possible to issue this document if a USER who has not specified a VAT number in the personal data form should request it at a later stage, even if the PRODUCTS have not yet been shipped.
5.7. The USER or an appointee of the latter must always be present in order to ensure that SAVIFIN correctly delivers the PRODUCTS, particularly where a request has been made for the PRODUCTS to be assembled/installed. If the consignee is not available at the time and place of delivery specified in the ORDER or subsequently agreed, the PRODUCTS will be temporarily stored in the storage facility of the person appointed to take delivery thereof. The USER will then be contacted by SAVIFIN Customer Care and can decide whether to request a new shipment and pay the associated cost in advance, or whether to request reimbursement of the ORDER subject to the conditions and limitations indicated in subsection 6. If the second delivery is also unsuccessful, SAVIFIN will reimburse the monies associated with the ORDER, subject to the conditions and limitations indicated in subsection 6.
5.8. Once SAVIFIN has reimbursed the USER, the CONTRACT shall be deemed to be automatically and conclusively terminated, subject to SAVIFIN’s entitlement to seek compensation for further loss and damage.
5.9. The procedure referred to in the previous subsection is the current procedure in force; SAVIFIN reserves the right to alter it at its sole discretion in order to optimise the service provision to the USER, without the need for prior notice or communication to the latter.
5.10. SAVIFIN reserves the right to terminate the CONTRACT or to split, postpone or cancel all or some of the planned deliveries in the event of force majeure, unavailability of transportation means and/or unforeseeable events, if these factors lead to a delay in the deliveries or make them difficult or impossible to implement and/or significantly increase the cost which they represent to SAVIFIN. In such cases, SAVIFIN will be obliged to promptly notify the USER of the course of action it has decided to adopt, by email to the e-mail address which the latter has communicated. In such cases, the USER will be entitled to a refund of the PRICE, excluding any further claim for compensation or otherwise against SAVIFIN, on any basis whatsoever.
6. SAVIFIN’S AND USER’S ENTITLEMENT TO WITHDRAW FROM THE CONTRACT – LIMITATIONS ON THE RIGHT OF WITHDRAWAL
6.1. SAVIFIN reserves the right to withdraw from each CONTRACT, even if finalised, without the obligation to provide reasons, if it promptly notifies the USER of its intention by sending an email to the e-mail address indicated in the ORDER and refunding the PRICE if paid by the USER, and the USER shall not be entitled to bring claims or assert rights against SAVIFIN on any basis whatsoever.
6.2. Pursuant to Articles 64 et seq. of the CONSUMER CODE, the USER is entitled to withdraw from the purchase without penalty and without the requirement to provide reasons. The USER shall for this purpose notify SAVIFIN Customer Care by e-mail or – alternatively – by registered letter with proof of receipt, to be sent within 14 days from the date when the PRODUCTS are received.
6.3. In order for the right of withdrawal to be validly exercised, the USER shall ensure compliance with the following conditions and procedures:
6.3.1. the withdrawal may be exercised by contacting Customer Care at resi@myrerum.com or by sending a registered letter with proof of receipt to SAVIFIN S.r.l. c/o G.I.F. Via Desio 47/49, 20813 Bovisio Masciago (MB), Italy, following any instructions which the latter provides;
6.3.2. the withdrawal may also apply to the individual PRODUCT ordered in a single ORDER, but the USER is not entitled to exercise the right of withdrawal in respect only of a part of the purchased PRODUCT; note that: a) the base and headboard coverings are not PRODUCTS but part of the PRODUCT; b) the individual components of a kit, if purchased as such, are not PRODUCTS but part of the PRODUCT;
6.3.3. the withdrawal cannot be exercised in respect of customised PRODUCTS, such as – for purposes of illustration – PRODUCTS requested or required to be adapted from the normal standard in terms of dimensions, shape or colour; in particular, the withdrawal cannot be exercised in respect of mattresses and/or bases, bed and/or headboard coverings because they have been specially customised for the USER in special sizes/dimensions and/or using fabric types and/or colour that the USER has specifically designated;
6.3.4. SAVIFIN would remind the USER, if the latter is considering to exercise its right of withdrawal, that the performance features i.e. the comfort and rigidity of the bed tested in the hotel, are the result and effect of the combination of mattress, support base and mattress topper (if any). Therefore, the right of withdrawal cannot be exercised, in respect of purchased PRODUCTS – even if they have not been customised – if the USER, when configuring the bed using the WEBSITE Configurator/Bed Configurator:
a) deliberately purchased the mattress without the base and/or without the topper which were included in the configuration of the bed tested in the hotel, i.e. deliberately configured a different bed than the one tested in the hotel and accepted the guarantee limitation which, in this context, the WEBSITE will always request to be specifically accepted before allowing the bed to be configured and the ORDER to be transmitted;
b) deliberately purchased the mattress without the base, accepting the guarantee limitation which, in this context, the WEBSITE will always request to be specifically accepted before allowing the bed to be configured and the ORDER to be transmitted; in such cases, in fact, the USER may encounter differences and/or non-conformities in the comfort and/or rigidity of the bed purchased, compared with the bed tested at the hotel, but the USER has been fully informed of this when configuring the bed on the WEBSITE and before transmitting the ORDER;
6.3.5. all the PRODUCTS in respect of which the USER has exercised the right of withdrawal shall be returned to SAVIFIN at the USER’s expense, by a courier whom the latter selects, following the instructions of Customer Care or – only if these are not forthcoming – to the following address: RESI DCS, SAVIFIN S.r.l. c/o G.I.F. Via Desio 47/49, 20813 Bovisio Masciago (MB), Italy;
6.3.6. all PRODUCTS in respect of which the USER has exercised the right of withdrawal must be fully intact as well as the original packaging, complete in all its parts including packaging material and seals that may be affixed; complete with tags, protective casing, brochures or boxes and with any additional documentation and instruction manuals as relevant;
6.3.7. if the PRODUCTS in respect of which the right of withdrawal has been exercised reach SAVIFIN incomplete and/or damaged, SAVIFIN shall be required exclusively to notify the USER of this so that the latter can, where possible, exercise its right of recovery against the courier selected to return the PRODUCTS;
6.3.8. SAVIFIN will not be liable under any circumstances for damage, theft or loss of the PRODUCTS due for return, until such time as they have been taken delivery of. Therefore, all risk shall be borne exclusively by the USER;
6.4. Once the completeness and integrity of the returned PRODUCT has been ascertained, SAVIFIN will reimburse the USER the entire amount paid only for the PRODUCT – therefore excluding the CHARGES and any other cost borne by the USER on any basis whatsoever – included in the CONTRACT and the subject of withdrawal, no later than 30 days from when it is received, in conformity with the previous paragraph.
6.5. If a PRODUCT is returned due to an acknowledged defect, SAVIFIN will also reimburse the shipping costs included in the INVOICE, proportionately reduced, as appropriate, based on the value of any other merchandise specified in the same INVOICE.
6.6. If the USER returns PRODUCTS by tacit consent, for example (without limitation) following a refusal to take consignment of them and/or impossibility of delivering them for reasons attributable to the USER, SAVIFIN will – if the conditions are satisfied – reimburse only the PRICE paid by the USER, after deducting all CHARGES and costs that SAVIFIN may have incurred for transporting the PRODUCTS from the USER’s address to its warehouses.
6.7. If the USER infringes all or some of the provisions on withdrawal provided for by these CONDITIONS, the CONTRACT will remain valid and enforceable and SAVIFIN will make the PRODUCTS available to the USER which were inappropriately returned, for collection by the latter, or will return them directly to the USER, subject to advance payment of the associated shipping costs.
6.8. The repayment shall be by bank transfer, using the same bank details that the USER will be required to specify in the communication to be sent when exercising the right of withdrawal. If this does not happen simultaneously with the exercise of the right of withdrawal, the 30-day period will take effect from the moment SAVIFIN will receive the aforementioned communication.
7. WARRANTY – RETURNS
7.1. THE PRODUCTS are subject to a conventional warranty which the manufacturer grants. Any flaws, defects or discrepancies shall be reported directly to SAVIFIN. Subject to mandatory legal provisions applicable, SAVIFIN declares that it disclaims all liability for product defects, flaws or discrepancies. The USER’s warranty rights and entitlements under the CONSUMER CODE remain unaffected.
7.1.1. In case of defects, flaws or discrepancies arising, the USER shall – at the risk of forfeiting this entitlement if it fails to do so – report the defect to SAVIFIN Customer Care within 2 (two) months from the date when it is first discovered, transmitting a copy of the invoice or equivalent document issued by SAVIFIN upon delivery.
7.1.2. SAVIFIN will make all reasonable efforts to repair the defective PRODUCT or – at its sole discretion, at its own expense and within a reasonable time period – to replace it. If this is not possible or if it proves excessively costly or burdensome to do so, SAVIFIN will be entitled to terminate the CONTRACT and, accordingly, will be obliged to return the PRICE paid as well as the CHARGES to the USER, with exclusion of any further liability on SAVIFIN’s part, on any basis whatsoever.
7.1.3. If the USER should discover any discrepancies between what was ordered and what was received and, in particular, if any issues arise involving the physical integrity, correspondence or completeness of the PRODUCTS received, except as described in Articles 2.1, 2.2, 6.3.2, 6.3.3, 6.3.4 above, it shall promptly notify this to SAVIFIN Customer Care which will provide the information and instructions required to resolve the problem and, if possible, it will ship items that are missing or replace items that are defective or nonconforming, or ensure that they are repaid. In no circumstances will the USER be required to return PRODUCTS, at its own expense, which are acknowledged to be defective or to have been received in error.
8. COMMUNICATIONS AND COMPLAINTS
8.1. All/any communications or complaints to/against SAVIFIN shall be sent to SAVIFIN Customer Care using the email address customercare@myrerum.com, or alternatively to the postal address Savifin S.r.l. Via Volta 34 20825 Barlassina (MB), Italy.
9. PRIVACY POLICY FOR THE PROCESSING OF PERSONAL DATA – PRIVACY NOTICE PURSUANT TO ARTICLE 13 OF THE ITALIAN LEGISLATIVE DECREE NO.196 OF 30 JUNE, 2003
9.1. In compliance with the Italian Legislative Decree No. 196 of 30 June 2003 (Consolidated Data Protection Law), as amended, we wish to provide you, the USER, with mandatory information on the processing of your personal and potentially sensitive data which you have provided to us.
9.2. Purposes of the data processing for which consent is granted, if required (Article 23 of the Italian Legislative Decree 196/03).
Personal and potentially sensitive data that are voluntarily provided will be processed for the following eventual purposes:
– to transmit information which the USER has requested;
– to insert the USER’s name on this website;
– to implement administrative activities strictly associated with and instrumental to the management of dealings with customers (e.g.: obtaining information preliminary to the signing of a contract, implementing operations based on obligations deriving from contracts entered into with customers, etc.);
– to perform accounting activities (issuance of invoices, preparation of payments);
– to supply goods and services and to protect the credit positions arising therefrom;
– to provide information, to formalise requests for information about products, services, to draw up estimates or offers;
– to engage in commercial and statistical activities, until the data subject objects.
9.3. Data processing methods – Data storage. The data will be processed electronically as well as manually using procedures and tools that seek to ensure optimum data security and confidentiality, by specifically appointed staff in compliance with the provisions of Articles 31 et seq of the Italian Legislative Decree 196/03. Personal data will not be kept for longer than the period required by the purposes for which they were initially gathered and subsequently processed.
9.4. Scope of the data communication and dissemination. The USER’s processed data will not be disseminated except within the specific limits of the privacy consent statement below, but they could be disclosed to companies that are contractually associated with SAVIFIN, in conformity with and within the limits of Article 42 of the Italian Legislative Decree No. 196/2003. The data may be disclosed to third parties who belong to the following categories:
– those who provide services for the management of the IT system used by SAVIFIN, and of the telecommunications networks (including email);
– companies providing services for the acquisition, registration and processing of data arising from documents or media provided and sourced from the customers, and involving large-scale efforts related to payments, bills, notes, cheques and other securities;
– those engaged in customer support activities (e.g. call centers, help desks, etc.);
– support or consultancy offices or companies;
– persons/entities who carry out the compliance functions of supervising, auditing and certifying the activities of SAVIFIN, also in the interest of customers;
– authorities in charge of compliance with applicable legal obligations and/or with the provisions of public bodies, if requested;
Those belonging to the aforementioned categories act as Data Processor, or operate independently as separate Data Controllers. The list of Data Processors is continuously updated and available at SAVIFIN headquarters. Any other communication or disclosure will require the USER’s prior explicit consent.
9.5. Status of the data provision. The USER’s data provision is optional; however, if the data are not furnished, SAVIFIN may be unable to provide the services in question, necessary in order to fulfil any relevant contractual, accounting and tax obligations. The Data Controller emphasises, furthermore, that the following consequences will result from failing to communicate or incorrectly communicating any of the obligatory information items: 1) the Data Controller will be unable to guarantee that the data processing is in conformity with the contractual agreements for which it was performed; 2) the results of the data processing itself may not conform to applicable obligations under tax, administrative or labour law rules to which the data processing is subject.
9.6. The USER may assert data subject rights as indicated in Articles 7, 8, 9 and 10 of the Italian Legislative Decree No. 196 of 30 June 2003, by contacting the Data Controller, SAVIFIN, through the office of its legal representative, in order to exercise the rights pursuant to Article 7 of the Italian Legislative Decree 196/03 by getting in touch with our headquarters.
9.7. Extract from Article 7 on the right to access one’s personal data and other rights. 1. The data subject is entitled to obtain confirmation of the existence or otherwise of personal data which concern him, regardless of whether or not they are already registered, and the communication of such data in intelligible form. 2. The data subject has the right to be informed: a) of the source of the personal data; b) of the data processing purposes and methods; c) of the logic applied to the processing where conducted using electronic means; d) of the identification data of the Data Controller, Data Processors and of the representative designated pursuant to Article 5(2); e) of the persons/entities or categories of person/entity to whom/which the personal data may be communicated or who/which may acquire knowledge of said data in their capacity as designated representative(s) in the State’s territory, as Data Supervisors(s) or as data processing operator(s). 3. The data subject has the right to obtain: a) the updating, rectification or, if interested, the integration of the data; b) the erasure, anonymisation or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they were collected or subsequently processed; c) a certification that the operations referred to in letters a) and b) were notified, also in relation to their content, to the persons/entities to whom/which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort in comparison with the right to be protected. 4. The USER is entitled to object, in whole or in part: a) on legitimate grounds, to the processing of personal data concerning said USER, although relevant to the purposes of the data collection; b) to the processing of personal data concerning said USER, where done for purposes of sending advertising materials or direct selling, or for market surveys or commercial communications purposes.
9.8. Session cookies are used in order to streamline Internet traffic analysis and to facilitate user access to the services offered by the WEBSITE; no personal data are transmitted or acquired with their use, and no user tracking systems are used.
9.9. The Data Controller is: Savifin S.r.l., Via Volta 34 20825 Barlassina (MB), Italy, represented by its Legal Representative.
10. REFERENCE STANDARDS – PREVAILING LANGUAGE – FINAL PROVISIONS – COURT OF COMPETENT JURISDICTION
10.1. These CONDITIONS, the CONTRACT and any other type of relationship established between the USER and SAVIFIN are regulated by Italian law and subject to Italian jurisdiction.
10.2. The CONDITIONS are available in the Italian and in English versions; in the event of a discrepancy between the two versions, the Italian version shall prevail.
10.3. If one of the clauses of these CONDITIONS is or happens to become totally or partially invalid, this shall not compromise the remaining clauses. The invalid clause will be replaced automatically by a clause that legally reflects, in full, the parties’ intent when drawing up the invalid clause.
10.4. SAVIFIN’s failure to exercise or enforce any right or power to which it is entitled under these CONDITIONS shall not compromise its entitlement to exercise or enforce that right or power at a later stage.
10.5. Any dispute involving the CONDITIONS or the CONTRACT and any subsequent dealings or relationship initiated between SAVIFIN and the USER shall be referred to the exclusive jurisdiction of the Court of Monza, and any other competing forum is excluded, without prejudice to the applicability of mandatory consumer protection provisions.[/vc_column_text][/vc_column][/vc_row]