General terms of purchase

These General Terms of Purchase (hereinafter also only “General Terms”) govern the contractual purchasing relationships between Intesi Group and its Customers (hereinafter also only “Parties”).

Due to specific services requested by the Customer, the above General Terms are supplemented by the following Special Terms:

It should be noted from the outset that the offer of products and/or services on Intesi Group’s website is addressed only to individuals of full legal age, with full capacity to act.

  1. Definitions

For the purposes of this Agreement:

The subject matter of the Agreement is the purchase of the product/service, against payment of the consideration shown in the appropriate section on the Intesi Group website, in accordance with the terms set out in the following articles and with the technical-operational methods, times, schedules and service levels set out in the documentation referred to in Art. 4.

The Customer acknowledges and accepts that the products/services will be governed by these General Terms of Purchase and, specifically, by the Special Terms and all documents referred to therein.

The Purchase Agreement is considered concluded upon the sending of a confirmation email by Intesi Group to the Customer and the simultaneous payment by the Customer of the amounts due, thereby declaring that they have reviewed the Purchase Agreement. Therefore, if the payment is not valid or is revoked or cancelled by the Customer, or is not executed, confirmed or credited for the benefit of Intesi Group, the latter shall have the right to suspend with immediate effect the execution of the Purchase Agreement even if it has been finalized until the payment has been regularized by the Customer.

The Customer warrants that he/she legitimately disposes of all information stated in the purchase and also ensures that the same does not infringe in any way, directly or indirectly, the rights of third parties. Therefore, the Customer undertakes not to enter data that he/she cannot freely dispose of.

The Customer also declares that he/she has read, prior to the distance purchase, all the information on the Intesi Group website, by way of example only: the main characteristics of the products/services, the price and payment methods.

The Purchase Agreement consists of the following documents, collectively and jointly containing the regulation of the relationship between Intesi Group and the Customer:

In case of any discrepancy between the provisions of the different documents that make up the Agreement, the documents in the order indicated shall prevail.

In order to use certain products/services, the Customer is required to create a user name and password (hereinafter also referred to as “login credentials”).

It is the Customer’s responsibility to exercise the utmost care in the safekeeping and management of their login credentials. Therefore, the Customer assumes on himself the risks that may arise, to himself or to third parties, from the improper use of said credentials, including as a result of theft or loss.

The Customer also agrees not to disclose his/her login credentials to third parties knowing that third parties’ knowledge of these credentials may allow them to unduly use the products/services. In particular, upon the occurrence of the loss or theft of their credentials, the Customer must immediately inform Intesi Group who will, upon the Customer’s request, block the codes.

The fees owed by the Customer to Intesi Group are shown in Intesi Group’s Store.

Payment of the fees due for the products/services, as indicated on the website, shall be made by the Customer at the same time of purchase and, in any case, in advance of their activation.

Shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before payment is made.

All sales prices of products/services shown on the website are exclusive of VAT and any other statutory charges.

The Customer expressly acknowledges and agrees that the invoice may be transmitted and/or made available to him/her in electronic format.

It is expressly forbidden for the Customer to:

The Customer agrees to:

The Customer is aware of:

Subject to the mandatory limits of the law and without prejudice to any specific remedies provided by other provisions of this Agreement, the contractual and extra-contractual liability of Intesi Group for the consequences, including those arising from claims of third parties, suffered by the Customer and relating to the performance of obligations under the Agreement, may not in the aggregate exceed the consideration paid by the Customer for the individual product/service ordered affected by the damaging event except for those damages arising directly from actions, omissions or conduct committed with malice or gross negligence or in violation of public policy.

Furthermore, any liability of Intesi Group for indirect and consequential damages, as well as, by way of explanation and not limitation, for loss of profit, revenue, business, orders or data customers, for moral or commercial damages, as well as for any legal action brought against the Customer by third parties, is expressly excluded.

Unless otherwise agreed in writing, any differences in the products/services from the specifications set forth in the Agreement that remain within the tolerance margins customary in the industry and/or normally accepted in the relationship between the Parties shall not be the subject of claims or result in price reductions.

Intesi Group reserves the right to make any changes to the products/services that, without altering the essential characteristics and overall quality, it deems appropriate to make at any time.

Intesi Group guarantees that the products/services conform to the technical specifications set forth in the documentation provided; Intesi Group does not, however, guarantee that these technical specifications meet the Customer’s requirements or that the quality of the products/services meet the Customer’s expectations. The warranty provided by Intesi Group on the products/services is conditioned, where applicable, on the proper functioning and adequacy of the Customer’s system software in addition to the Customer’s proper use of the products/services.

The products are designed, according to their characteristics and technical specifications, exclusively for the purposes stated in the relevant Contract.

Any other and different use by the Customer is not guaranteed by Intesi Group.

 The Customer acknowledges that the choice of products/services for the desired purposes is solely his/her responsibility.

In the event of receipt of products that do not conform to orders or are defective, the Customer has the right to restoration of conformity of the product without charge by repair or replacement of the product or an appropriate reduction in the price or termination of the Agreement. The Customer may exercise this right if the defect becomes apparent within two years of delivery of the goods and reports the defect to Intesi Group within two months of discovery.

The warranty start date coincides with the date of receipt of the product.

Customer shall not be entitled to repair, replacement, price reduction or termination of the Agreement with respect to any product or any component identified as defective if, except as otherwise provided and in accordance with applicable law:

The Customer acknowledges that a minor conformity defect for which it has not been possible or is excessively burdensome to exhaust the remedies of repair or replacement does not entitle the Customer to terminate this Purchase Agreement as provided in Art. 130 par. 10 of Leg. Decree 206/2005 (so-called “Consumer Code”),

The warranties and limitations of liability with respect to individual products/services as governed in the relevant terms remain applicable.

  1. Customer Withdrawal

The Customer qualifies as a “consumer” under Article 3 of Legislative Decree 206/2005 may exercise the right of withdrawal in the form and manner provided by art. 52 et seq. of the Consumer Code within the period of 14 (fourteen) days from the date of completion of the Agreement if it is for services and 14 (fourteen) days from the date of delivery for products, without penalty and without giving reasons.

the Customer must expressly manifest the will to withdraw by sending the notice of withdrawal exclusively by registered mail with return receipt to the addresses indicated at the link https://www.intesigroup.com/it/azienda/ or certified electronic mail (PEC) to the address intesigroup@ig-trustmail.com

In the case of a purchase from an Intesi Group Reseller (and in the case of a distance and off-premises sales contract), the request for withdrawal should be addressed to the Distributor in accordance with the procedures established by Legislative Decree 205/2006, as amended and supplemented

It is understood in any case that, the right of withdrawal may not be exercised by the Customer after the full provision of the Service, if the provision itself has begun with the express agreement of the Customer and it has agreed to lose the right of withdrawal following the full performance of the Service. In this regard, the Customer acknowledges that the activation of the Access Credentials is equivalent to “complete provision of the service” pursuant to art. 59, par. 1, lett. a) of Legislative Decree 206/2005, as amended and supplemented.

The Customer also acknowledges and accepts that the digital signature device consisting of the smart card or token alone is a fully customized product. Therefore, its sale falls under the provision of Article 59.1, letter c) of Legislative Decree 206/2005 and the regulations on withdrawal in this article will not apply.

In view of the above, the Customer may request the deactivation of said device but shall not be entitled to obtain a refund, in whole or in part, of the consideration paid by means of the same means of payment used by the Customer for payment, or by means agreed upon with the Customer for which the Customer shall not incur any cost as a consequence of the refund.

  1. Changes to the Agreement

Intesi Group reserves the right to update, supplement and amend all or part of the terms of these General Terms of Purchase and each of the documents referred to therein, including the Privacy Policy, the services/products available and their respective features, as well as, the fees.

Customer agrees to periodically review these General Terms of Purchase, it being understood that Intesi Group shall use reasonable efforts to bring to Customer’s attention, through the Intesi Group Store that can be reached at the following link store.intesigroup.com  , any changes to these General Terms of Purchase.

Changes to the General Terms of Purchase and/or related services/products will be effective from the time of publication on the Intesi Group store and will apply only to sales concluded thereafter.

  1. Communication

All notices, communications, registered mail and, in general, all correspondence forwarded by postal service by the Customer to Intesi Group, should be sent to the following address: Intesi Group S.p.A., Via Torino, 48, 20123 Milan MI

Otherwise it may be sent by the Customer to the certified e-mail address intesigroup@ig-trustmail.com or by e-mail to the respective addresses specified in the Agreement.

Any communications sent to different addresses will not be enforceable against Intesi Group.

  1. Assistance and support

In the event that the Customer purchases the product/service directly from Intesi Group, the relevant service and support will be provided by Intesi Group by filling out the appropriate form available at the following link: https://intesigroup.atlassian.net/servicedesk/customer/portal/32 .

The Customer acknowledges and agrees that in all stages of support, whether remote or direct, the employee assigned by Intesi Group to provide support service may become aware of the Customer’s personal data.

In the event that the Customer purchases the product/service from Distributors or Intermediaries, service and support will be provided directly by the Distributor or Intermediary, in accordance with the agreements with Intesi Group.

  1. Confidentiality and Regulation of Intellectual Property

Intesi Group undertakes and commits its personnel, to maintain, both during the contractual period and thereafter, absolute confidentiality regarding information pertaining to the Customer.

The foregoing does not refer to information that Intesi Group can prove to have been in its possession prior to its transmission by the Customer, or that has become public knowledge due to facts beyond Intesi Group’s control.

The same obligation of confidentiality is also incumbent on the Customer towards Intesi Group, committing the same, in particular, to maintain absolute confidentiality with regard to the documentation sent to him by the latter and therefore, not to disclose, copy or transfer said documentation to third parties.

This prohibition shall be considered binding on the Customer and its successors in title, even after the termination of the contractual relationship with Intesi Group, and shall also be binding in the event of a change in the Customer’s corporate name and ownership structure.

In case of violation, Intesi Group may take action to obtain compensation for damages, without prejudice to criminal liability, in accordance with the provisions in force.

The Parties further agree to make any third party with whom they have dealings aware of this confidentiality obligation.

This Agreement does not grant the Customer any rights other and/or additional to those expressly provided herein.

In particular, this Agreement does not constitute a transfer, assignment, lease, or any other conveyance of rights to the software, except as expressly provided herein, and/or to the services and/or products developed and provided by Intesi Group, which remains the sole owner of the same.

Any third-party software components of which Intesi Group is a licensee are licensed to the Customer under this Agreement and their use is permitted only through the product.

The Customer agrees not to use as product or service trademarks Intesi Group trademarks, or trademarks that can be confused with them

  1. Applicable law – Jurisdiction

This contract is regulated by the Italian law. For matters not expressly provided for, reference is made to the provisions of the Civil Code and other applicable regulations on the subject, including provisions relating to consumer protection.

Any dispute arising between the parties with respect to this Agreement, including those relating to its validity, interpretation, execution and termination, shall be exclusively referred to the Court of Milan, to the exclusion of any other competent court.

In the event that the Customer is a consumer, pursuant to Article 66 bis of the Consumer Code, civil disputes relating to the Agreement concluded by the consumer shall be referred to the mandatory territorial jurisdiction of the court of the place of residence or domicile of the Customer.

We would also like to inform you that, pursuant to and for the purposes of EU Regulation No. 524/2013, for the resolution of disputes relating to online contracts and services offered online, there is the possibility of resorting to the Online Dispute Resolution (ODR) procedure, provided by the European Commission and accessible at the following link: https://webgate.ec.europa.eu/odr/.

  1. General instructions

The Agreement contains all the agreements between the Parties in relation to its subject matter and substitutes and cancels any previous agreement or understanding, whether verbal or written; any amendments to the Agreement shall be stipulated in writing and signed by the legal representatives of the Parties. If any provision contained in the preceding articles is not applicable to the Customer in view of its status as a Consumer Customer, the remaining parts of the Agreement shall nevertheless remain effective and valid.

December 2024