Supply conditions

General Terms and Conditions

Preamble

The General Terms and Conditions govern the use of the Site by User and the business relationship between the Company and Users.

The General Terms and Conditions are therefore addressed to the following categories of Users:

  • i “Visitors”, i.e. natural and legal persons who use a device and browse, via the Internet, the public pages of the Site (i.e. those that do not require any registration with the Site);

  • i “Purchasers”, i.e. the Professionals who purchase Hammer Products;

The General Terms and Conditions are divided into Sections, according to the subject matter that each of them regulates, as follows:

  • Section A contains the Terms of Use, i.e. the terms and conditions governing the use of the Site;

  • Section B contains the Conditions of Sale of Products, i.e. the Clauses governing the purchase of the Hammer Products;

  • Section C contains the Final Provisions, i.e. a set of final provisions supplementing all the other Sections;

  • Section D contains the Glossary i.e. the section explaining the meaning of definitions with capitalised initials, which we recommend you consult for a better understanding of this document.

This version of the General Terms and Conditions is in force from the date of publication indicated on the Site or on the other channels from which this text is accessible. Previous versions of legal documents, including previous versions of the General Terms and Conditions, are available on the Site.

Section A: Term of Use

1.          ABOUT THE SITE

1.1       The Site is designed to give visibility to the Company (as better identified in the Glossary under the heading 'Company'), to the products it offers, and to enable the electronic purchase and sale of Hammer Products.

1.2       The Site, the domain 'hammer.biz/en/' and its sub-domains are the exclusive property of the Company.

1.3       This Section, also referred to as the Terms of Use, contains the basic terms and conditions on the use of the Site.

1.4       The Company reserves the right to no longer make the Site available, in whole and/or in part, and/or to modify, delete and replace what the Site offers and contains.

1.5       The Site is intended for Professionals. If the User does not provide truthful information, the Clauses on false information provided to the Company, set out below, shall apply. It is understood that the Company assumes no obligation to verify the User's age.

2.          USER OBLIGATIONS

2.1       For the purpose of using the Site, the Users accept all of the following:

(a)        to use the Site only on condition that the User falls within the definition of 'Professional' as explained in the Glossary and that you are not a minor;

(b)        to register a profile on the Site, which shall be based on the User's real company name and VAT number;

(c)         to register on the Site only on condition that the User has not previously been suspended from the Site;

(d)        that the creation of a profile based on false information is a violation of our Terms of Use, including profiles registered on behalf of Third Parties or persons under the age of the above;

(e)        provide the Company with accurate information and keep it up-to-date;

(f)          in general, not to create false identities on the Site, or to misrepresent one's identity, or to use Third Party profiles in an unauthorised manner;

(g)        comply with all Applicable Laws;

(h)        not to develop, support or use software, devices, scripts, robots or any other means or process (including crawlers, browser plug-ins and add-ons, or any other technology) to perform scraping operations on the Site or otherwise copy profiles and other Data from the Site;

(i)          not disable any security features or bypass or circumvent any access control or limitation of use of the Site (e.g. maximum number of keyword searches or profile views);

(j)          not copy, use, disclose or distribute any information obtained from the Site in violation of the law, either directly or through Third Parties, without the consent of the respective owners;

(k)         not disclose information that the User does not have the right to disclose (e.g. confidential information of other persons);

(l)          not infringe the Company's Intellectual Property Rights, and in particular, without limitation, not use the word 'Hammer' or our logos in any company name, email or URL;

(m)       not infringe the Intellectual Property Rights of other parties, Users or Third Parties, including copyrights, patents, trademarks, trade secrets or other proprietary rights;

(n)        not reverse engineer, decompile, disassemble, decipher or otherwise attempt to decode the source code of the Site or any related technology that is not open source;

(o)        not insinuate or claim to be affiliated with or referred by the Company without the Company’s express consent;

(p)        not rent, lease, lend, market or otherwise monetise the Hammer Products without the prior consent of the Company;

(q)        not to represent or communicate information about the Company and what the Company sells through the Site in a manner different from what the Company represents through the Site;

(r)          in the case of confidential and advance access to certain functions under development, covered by a confidentiality agreement with the Company, do not disclose such confidential information in any way;

(s)         not use bot programs or other automated methods to access the Site and make purchases;

(t)          not monitor the availability, performance or functionality of the Site for any competitive purposes;

(u)        not 'framing', 'mirroring' or otherwise simulating the appearance or function of the Site;

(v)         not interfere with the operation of the Site or use an unreasonable load on it (e.g. spam, Denial of Service (DoS) attacks, viruses, game algorithms);

(w)        violate rules or any additional terms published by the Company on the Site, it being understood that all such rules form an integral and substantial part of the Terms of Use.

3.          ACCEPTANCE OF TERMS OF USE AND MODIFICATIONS

3.1       By using the Site, the User implicitly accepts the Terms of Use, thereby entering into a legally binding Agreement with the Company.

3.2       If the User registers on the Site, the User may, in addition to the Terms of Use, be required, depending on the state of development of the Site, to accept other or all Sections of the General Terms and Conditions, by point-and-click procedure. In the following, each Section will specify the cases in which explicit acceptance by the User is required.

3.3       If the User does not agree with any of these provisions, the User is invited to cease using the Site.

4.          CONDITIONS OF USE

4.1       The User acknowledges and accepts:

(a)        that the Site is intended to facilitate the promotion and sale of Hammer Products;

(b)        that the Company will process the User Data in accordance with the provisions of the Privacy Policy;

(c)         that the Company may send notices and messages to the contact details provided to User (e.g. email address, mobile phone number, postal address) in accordance with the Privacy Policy;

(d)        that the Company undertakes to allow the use of and access to the Site compatibly with the needs connected to any scheduled or extraordinary maintenance work that cannot be postponed;

(e)        the costs of connection to the Internet network, and those possibly related to the Connection Modes, are at the User’s expense.

4.2       When a Visitor registers a User profile, that Visitor becomes an account holder

4.3       By creating an account of any kind, the User undertakes to:

(a)        use a complex password and keep it secret;

(b)        not transfer any part of its account and the benefits derived from User’s account and associated purchases;

(c)         comply with the law and all the provisions of the Terms of Use or other notices and terms relating to the use of accounts that may be available on the Site, if any.

4.4       The User is responsible for any action taken through User’s account unless the User closes it or reports any abuse to the Company and/or the authorities.

5.         VISITOR REQUESTS

5.1       Users, including Visitors, may address requests to the Company by means of the tools indicated on the "Contacts" page on the Site and/or other channels made available by the Company.

5.2       The Company is under no legal obligation to respond to the mere Visitor's requests.

5.3       The Company shall process the Data transmitted by the Visitor when contacting the Company for the sole purpose of executing the requests governed by the Terms of Use, and therefore on a contractual basis, in accordance with the provisions of the Privacy Policy.

6.          COMPANY'S RIGHTS

6.1      The Company has the right to:

(a)        modify, update, suspend, limit or interrupt the operation of the Site at any time, or change and/or replace its domain name;

(b)        analyse the traffic on the Site (e.g. detect the most visited pages, the number of visitors per hour or per day, the geographical origin, the average connection time, the browsers used, the origin of the visitor - from search engines or from other Sites -, phrases and words searched for, etc.) in order to understand how it is used and manage, optimise and improve it, or even just for statistical purposes;

(c)        solve operational problems (e.g. page loading anomalies); 

(d)        perform monitoring activities to repel and/or prevent cyber attacks and fraud.

6.2      The Company reserves the right to restrict the User's use of the Site. The Company reserves the right to restrict, suspend or terminate the User's account in the event of violations of the Agreement or the law.

7.          WARRANTY EXCLUSIONS AND NO ASSISTANCE

7.1      The Site is provided "AS IS" and "AS AVAILABLE", so the Company makes no warranties, express or implied (including the implied warranties of non-infringement, merchantability and fitness for a particular purpose), and may be temporarily inaccessible or otherwise contain defects, or be delayed.

7.2       In particular, the Company shall not be liable and makes no warranties in respect of the following:

(a)       the suitability of the Site with respect to the User's needs;

(b)      the availability of the Site and the absence of errors on the Site;

(c)       the quality of the Site;

(d)       the correction of any technical errors on the Site.

8.          LIMITATION OF LIABILITY

8.1       The Company and its affiliates shall not be liable for loss of profits or business opportunities, reputation (e.g., offensive or defamatory statements), or any indirect, incidental, consequential, special or punitive damages arising out of the use of the Site from the enjoyment of the Hammer Products.

8.2       The Company shall make every reasonable effort to ensure that the User has continuous and uninterrupted access to the Site and the Contents but shall not, under any circumstances, be held liable if one or more Contents made available to the User (even free of charge) are temporarily or permanently inaccessible.

8.3       The Company shall not be liable for any errors, inaccuracies, omissions and, more generally, for any damages caused, directly or indirectly, by decisions taken or initiatives undertaken by the Visitor or Third Parties based on (and/or as a result of) the Contents of the Site.

8.4       The Company does not guarantee the provision of technical assistance in relation to the Site.

8.5       In the event that the Company modifies, updates, suspends, limits or interrupts the operation of the Site, no liability to the User shall arise. The limitation of liability also applies to all liability claims (e.g., warranty, tort, negligence, contract, and law) even if the Company or its affiliates have been advised of the possibility of such damages, and even if these actions fail for their essential purpose.

8.6       In the case of paid purchases, it will be the Company's concern to examine, on a case-by-case basis, refund policies that respect the rights of Purchasers.

Section B: Conditions of Sale of Products ("CSP")

9.          EFFECTIVENESS OF CVP

9.1       The CSPs are binding on the Parties and supersede and replace any other general Clauses or other forms of the Purchaser.

9.2       The CSPs shall apply to all Order Confirmations between Hammer and the Purchaser during the validity period of the Hammer Price List.

9.3       In the event that the CSPs conflict with the provisions in the Order Confirmation, such provisions shall prevail over the CSPs.

10.         OBJECT OF CVP

10.1       Hammer undertakes to sell to the Purchaser, who agrees to purchase the Products on the terms and conditions all set out in the Order Confirmation and the CSP.

10.2       Section B specifically governs the sales and purchases between Hammer and Purchaser made through the Site. In the event of a conflict between the provisions contained in the Terms of Use and those contained in this Section, the latter shall prevail over the former on the basis of the precedence of special rules over general rules.

11.          CATALOGUE AND HAMMER PRICE LIST

11.1      The Purchaser expressly declares that it has read the Catalogue and Hammer Price List, and that it accepts the contents thereof.

11.2       The Purchaser acknowledges that the Hammer Price List may consist of one or more documents depending on the type of Products.

11.3       Hammer reserves the right to change at any time and without notice both the Catalogue and the characteristics of the individual goods described therein in order to adapt them to regulatory, technical or commercial requirements, and the Hammer Price List.

12.          PACKAGING, TRANSPORT AND DELIVERY

12.1       Hammer undertakes to pack the Products with material suitable for transport.

12.2       The Parties agree that delivery of the Product shall take place EXW seat of Hammer (Incoterms 2020).

12.3       Hammer reserves the right to deliver the Products by means of partial deliveries.

13.          PRICE                       

13.1       The Purchaser undertakes to pay the Price to Hammer in the manner set out in the Order Confirmation.

13.2       The Purchaser acknowledges that the company offers two payment methods: (i) bank transfer in advance or (ii) PayPal.

13.3       If the Purchaser prefers to pay by PayPal, the Purchaser shall log directly into the PayPal platform and enter Purchaser’s payment information there. The Purchaser acknowledges that payment is not made directly through the Site and therefore, in the current configuration of the shopping cart system, the payment method information is not added/stored.

13.4       The Company reserves the right to change the functionality of the payment system in the future by notifying the Purchaser.

14.          GUARANTEES

14.1       Hammer guarantees that the Products are: 

(a)        suitable for their intended purpose;

(b)        manufactured carefully, diligently and to the highest industry standards;

(c)        comply with all requirements prescribed by Applicable Law.

14.2       The warranty period for eviction (dispossession by third parties) and for defects of the Products is twelve (12) months from the date of delivery of the Products.

14.3       The Purchaser shall be obliged to notify Hammer of defects in the Products within 8 calendar days of their discovery under penalty of forfeiture. Defective parts shall be returned to Hammer, together with the proof of purchase (invoice and bill of sale). Hammer, following the report received, reserves the right to effect its own evaluation on the basis of the samples provided and, where necessary, of an inspection.

14.4       No agent, distributor or other intermediary of Hammer is authorised to offer warranties in addition to those contained in the CSP.

15.          LIMITATIONS OF LIABILITY

15.1       Purchaser acknowledges that Hammer shall in no event be liable for defects or damages caused by (i) negligent use of the Products, (ii) installation of the Products by persons not active in the windows and doors industry, (iii) failure to maintain the Products, (iv) repairs, replacement of individual parts or maintenance performed by persons not authorised by Hammer, (v) use or maintenance of the Products not in accordance with the technical documentation and (vi) use of spare parts or consumables not supplied by Hammer.

15.2       The Purchaser expressly acknowledges that Hammer shall in no event be liable for damages, compensation or indemnity in the following cases:

(a)        loss of production or profit or costs or consequential damage caused by defects or malfunctioning of the Product;

(b)        use of the Product for purposes other than those for which the Product is intended.

15.3       Limited to surface finishes, the guarantee shall not apply in the case of superficial defects, in particular in the case of finishes or surfaces that have changed their original condition as a result of (i) use of abrasive or aggressive cleaning brushes and/or products, (ii) damage caused by scratches or abrasions, (iii) in case of alterations, improper installations, vandalism and in any case of improper use, (iv) damage by fire or other accidental events, (v) failure to maintain as per Hammer's instructions, (vi) application in saline environments, (vii) exposure to solvents, chemical agents or chemically aggressive environments.

15.4       To the maximum extent permitted by law, Hammer's liability shall in any event be limited in respect of each Order Confirmation to the Price.

16.          RETENTION OF TITLE

16.1      Pursuant to and for the purposes of Article 1523 of the Civil Code:

(a)        the sale of the Hammer Products shall be deemed to be made subject to Hammer's retention of title in the Hammer Products until full payment of the Price;

(b)        the risks on the Hammer Products and the liability for loss, damage or other losses of the Hammer Products shall be borne by the Purchaser from the moment the goods are made available to the Purchaser at the Company's premises.

16.2      The Purchaser shall not, until the transfer of ownership of the Hammer Products, sell or otherwise dispose of the Hammer Products without Hammer's consent.

16.3       The Purchaser agrees to keep the Hammer Products in perfect condition. The ordinary and extraordinary maintenance of the Hammer Products shall be the responsibility of the Purchaser.

16.4       Hammer shall have the right, at any time and at its own expense, to inspect the Hammer Products to verify their condition. Such inspections shall not affect the Purchaser's right to normal use of the Hammer Products.

16.5       In the event of termination of the CSP due to non-performance by the Purchaser, Hammer shall be entitled to retain, by way of indemnity, the payment instalments already received, without prejudice to any greater damages.

17.          MAJOR FORCE

17.1       If an event of Force Majeure occurs, the Party that is prevented from performing its obligations shall notify the other Party thereof within five (5) calendar days providing all relevant details and shall use its best efforts to remedy the situation immediately.

17.2       No Party shall be liable for any failure to perform its obligations under the CSP to the extent that performance has been hindered or delayed or prevented by an event of Force Majeure communicated in accordance with this Clause and the time of performance of the hindered obligation(s) shall be postponed accordingly.

18.       TERMINATION

18.1     In the event of default by one of the Parties with respect to its obligations under the CSP, the other Party may terminate the CSP pursuant to and for the purposes of Article 1454 of the Civil Code if the defaulting Party has not remedied the default within fifteen (15) calendar days of receipt of the letter of formal notice specifying the nature of the default.

19.       ASSIGNMENT OF THE CONTRACT

19.1    The Purchaser shall not transfer or assign, in whole or in part, any of its rights and/or obligations under the CSPs without the prior written consent of Hammer.

19.2     The Purchaser hereby consents to the assignment by Hammer of all or part of the Agreement governed by the CSPs or of the rights and/or obligations under the CSPs. To this end, the Purchaser shall, as soon as requested by Hammer, promptly take all steps that may be necessary for the assignment of the Agreement governed by the CSPs.

20.       PURCHASING PROCESS

20.1     As a general rule, the process of purchasing Products is deemed completed upon completion of the following steps by the Purchaser:

(a)        selection of Products;

(b)        confirmation of the Purchaser's acknowledgement of the Privacy Policy and acceptance of the General Terms and Conditions through the point-and-click procedure;

(c)         payment by the methods made available by the Company on the date on which the purchase is made (by way of example but not limited to, payment to the IBAN communicated by the Company, use of credit or debit cards, Paypal, Satispay, bank transfer, etc.).

20.2     By completing the above purchase process, the Purchaser:

(a)       accepts all the provisions of the General Terms and Conditions and, in particular, the CSPs

(b)        the Purchaser undertakes to verify the correctness of all the Data entered before and after sending the Order Confirmation, undertaking to promptly rectify any incorrect information communicated to the Company. Therefore, the Company shall not be responsible for the non-supply of Products or for the supply of Products different from those desired by the User where such error is the result of inaccurate communications by the User, nor shall the Company be obliged to reimburse the User in the event that the prerequisites for exercising the right of withdrawal, as governed hereunder, lack.

20.3     If the Purchaser purchases any of the Products, the Purchaser agrees to pay to the Company the applicable fees and taxes (e.g. VAT). In addition, the Purchaser agrees purchases may be subject to a foreign exchange fee or price differences based on location (e.g. exchange rate)

20.4     A copy of the invoice will be provided by e-mail or other means chosen by the Company, at its discretion.

Section C: Final Provisions

1.          FINAL OBLIGATIONS OF THE USER

1.1       The User undertakes not to infringe:

(a)        the General Terms and Conditions;

(b)        the Applicable Laws and Privacy Laws of Italy and/or the country in which it is located and/or the country in which it resides, or otherwise applicable to the activities it performs;

(c)         the rights of the Company and/or Third Parties.

2.          REMEDIES IN FAVOUR OF THE COMPANY

2.1       The Company may, at its sole discretion and without any obligation to pay compensation:

(a)        cancel the User's registration on the Site in the event of violation of the provisions of the preceding Clause;

(b)        deny the User any further registration/use of the Site;

(c)         take any action against the User for its own protection, including actions for damages.

3.          INDEMNITY

3.1       The User shall be liable, indemnifying and holding the Company harmless, for all actions, including reasonable legal fees, brought by Third Parties and aimed at obtaining compensation for damages regarding breaches of obligations under Clause 21 above.

4.          INTELLECTUAL PROPERTY RIGHTS

4.1       The Company is the exclusive owner of all Intellectual Property Rights in the Site, as well as in Hammer-related trademarks and logos.

4.2       The provision of the Site by the Company shall not be construed as an assignment or license by the Company in favour of the User of any Intellectual Property Rights in the Site, the Hammer brand or the Content on the Site, or as the subject matter of any other right of use by the User and/or Third Parties.

5.          HOW TO CONTACT US

5.1       For any general questions, the User can contact the Company online by writing to the e-mail address: hammer@hammer.biz

5.2       For legal notices or service of documents, the USer can write to the Company at these addresses: hammer@mypec.eu (PEC), hammer@hammer.biz

5.3       For specific requests, the User may make use of the specific forms available on the Site, depending on the type of request (e.g. applications for job positions, etc.), it being understood that such requests are in the nature of pre-contractual measures.

6.          MISCELLANEOUS

6.1       The Company reserves the right to modify at any time any legal document present on the Site (including, by way of example, the General Terms and Conditions, the Privacy Policy, the Cookie Policy, etc.), as well as the Site and/or the Products and/or the Contents, in order to offer new products, or to comply with new legal or regulatory provisions. Therefore, the Company invites Users to periodically consult the aforementioned legal documents and the Site, also in order to check for any updates or amendments. The amendments to the General Terms and Conditions shall not have retroactive value and shall enter into force no earlier than seven days after the date of publication.

6.2       The General Terms and Conditions (together with the Order Confirmation in case of purchase of products) constitute the integral manifestation of all understandings and agreements between the Parties with respect to its subject matter and constitute the sole source of rights and obligations between them, superseding and annulling any previous verbal, written and/or concluded agreements by way of facts.

6.3       The headings of the individual Clauses have been placed for the sole purpose of facilitating the reading of the General Terms and Conditions and, therefore, shall not be taken into account for the interpretation thereof.

6.4       The Purchaser declares that he did not rely on any pre-contractual representations when agreeing to enter into the General Terms and Conditions.

6.5       The General Terms and Conditions regulate the relationship between the Company and the User and do not give rise to any rights in favour of, or obligations against, Third Parties.

6.6       Any tolerance by the Company of conduct on the part of the User in violation of the provisions contained in the General Terms and Conditions does not constitute a waiver of the rights arising from the violated provisions, nor of the right to demand the exact fulfilment of all terms and conditions stipulated therein.

6.7       The Company does not address the Site and anything that can be purchased through it to natural persons who do not have the legal capacity to accept these General Terms and Conditions as set out in their national legislation, nor to Consumers.

6.8       The rights and remedies included herein are not exclusive, but are in addition to other rights and remedies available under Applicable Law.

6.9       If any provision of the General Terms and Conditions is found by a court or other competent authority to be invalid or unenforceable, such provision shall be deemed to be deleted from the General Terms and Conditions and the remaining provisions of the General Terms and Conditions shall remain and continue to remain in full force and effect.

6.10     Any limitation or exclusion of liability provided for in favour of the Company in the General Terms and Conditions shall apply to the fullest extent permitted by law.

6.11     In the event of any conflict between the provisions contained in these Final Provisions and those contained in the other Sections, the latter shall prevail unless expressly stated otherwise.

6.12     The provisions contained in the Final Provisions apply to all legal documents available on the Site, unless a particular legal document expressly excludes the application of the Final Provisions.

7.          APPLICABLE LAW AND JURISDICTION

7.1       The Parties expressly agree that the General Terms and Conditions are governed exclusively by Italian law without regard to the conflict of laws rules of this jurisdiction and excluding the applicability of the Convention on Contracts for the International Sale of Goods of 1980.

7.2       The Parties expressly agree that any dispute relating to the validity, execution or termination of the General Terms and Conditions shall be subject to Italian jurisdiction and, in particular, to the exclusive jurisdiction of the Court of Asti.

Section D: Glossary

Agreement - means the legally binding agreement that the User enters into with the Company as a result of accepting the General Terms and Conditions;

Applicable Law - means the law governing the General Terms and Conditions, as set out in the Final Provisions;

Catalogue - means the document that lists the Products sold by Hammer and describes their technical characteristics;

Clause - means any clause of the General Terms and Conditions;

Company or Hammer - means Hammer S.r.l., with registered office in Montegrosso d'Asti (AT), Via della Guardia no. 19, VAT no. 00094860053, registered in the Register of Companies of Asti, REA no. AT-46448;

Connection Modes - interfaces (web, software or other) running on certain configurations of certain operating systems by means of which the User can use Hammer by connecting remotely via the Internet;

Consumer - means the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out; pursuant to Article 3 of Legislative Decree 206/2005;

Content - by way of example only, any finite stream of Data or information (file or software package), containing textual, photographic, video, audio, scripts, graphics, programming code, writings (including the manner in which the same are presented and formatted), and features present on the Site;

Cookie Policy - means the  information on the use of cookies;

CSP - means the General Terms and Conditions governing the purchasing and selling relationship of the Products between Hammer and the Purchaser;

Data - means the information relating to the User that is necessary to use the Site and what is present on it, as well as all the information transmitted by the device with which the User navigates and uses the Site (subject to storage, including temporary storage);

Force Majeure - means any event that (i) hinders, delays or prevents a Party from performing any of its obligations, (ii) is beyond that Party's reasonable control, (iii) is unforeseeable, (iv) occurs without fault or negligence on the part of the affected Party, (v) even using reasonable diligence, the affected Party cannot prevent;

General Terms and Conditions means these general terms and conditions, divided into "Sections", i.e. into groups of Clauses grouped by subject, as illustrated in the preamble of this text;

Glossary - means Section D of the General Terms and Conditions;

Hammer Price List - means the document listing the Prices applied by Hammer for the sale of the Products or the pages of the Site indicating the Prices for the purpose of purchase through the Site;

Hammer Products - or also, for the sake of brevity, 'Products' means the goods in the Catalogue that are sold as described in the Order Confirmation.

Intellectual Property Rights - means the patents, utility models, designs, copyrights, trademarks or service marks, rights in the topography of semiconductor products, database rights, rights in confidential information, including know-how and trade and industrial secrets moral rights or other similar rights in any country and, whether registered or unregistered, any applications for registration of any of the foregoing rights and all rights relating to the filing of applications for registration of any of the foregoing rights that are owned by, licensed to or otherwise lawfully used by the Company;

Order Confirmation - means the purchase confirmation form containing the Data of the Purchaser, as well as inter alia, the type, quantity and Price of the Products sold by Hammer to the Purchaser and governed by the CSP;

Party - means Hammer or the Purchaser, depending on the context, and 'Parts' means Hammer and the Purchaser jointly;

Personal Data - means any information relating to an identified or identifiable natural person ('data subject'); an identifiable person is one who can be identified, directly or indirectly, by reference in particular to an identifier such as a name, an identification number, location data, an online identifier or to one or more features of his/her physical, physiological, genetic, mental, economic, cultural or social identity;

Price - means the consideration for the sale of the Products indicated in the Order Confirmation;

Privacy - means Legislation EU Regulation 2016/679 ("GDPR"), Legislative Decree 196/2003 as amended and/or supplemented ("Privacy Code"), as well as the measures adopted by the Supervisory Authority in execution of the tasks established by the GDPR and the Privacy Code and further applicable legislation, of whatever rank, including the opinions and guidelines drawn up by the Committee;

Privacy Policy - means the Company's Privacy Policy processing of Users' personal Data;

Professional - means natural or legal person acting in the exercise of his entrepreneurial, commercial, craft or professional activity, or an intermediary thereof within the meaning of Article 3 of Legislative Decree 206/2005;

Purchaser - means the person identified in the Order Confirmation as the Purchaser of the Products;

Section - means any section of the General Terms and Conditions;

Site - means the website hammer.biz/en/ and subdomains;

Third Party - means any entity other than the Company and the Users;

Users - means natural or legal persons that are users of the Site, divided into categories as defined in the preamble to the General Terms and Conditions.