B2B GENERAL TERMS AND CONDITIONS OF SALE - Electronic Products – IdroMOP S.r.l.
2026 Edition
ARTICLE 1. DEFINITIONS
For the purposes of this Agreement:
– Supplier: IdroMOP S.r.l.
– Customer: the professional entity purchasing the Products.
– Products: electronic devices, control units, electrical panels, accessories and wiring.
– Digital Services: remote-control services governed by a separate agreement.
ARTICLE 2. SUBJECT MATTER OF THE AGREEMENT
The Supplier undertakes to sell and deliver to the Customer the electronic products specified in the orders. This Agreement exclusively governs the sale of IdroMOP S.r.l. products. Any related digital services (apps, remote portal) constitute a separate agreement with the end customer.
ARTICLE 3. SCOPE OF APPLICATION
These General Terms and Conditions shall apply to all Customer orders. Any general terms and conditions of the Customer shall not be binding upon the Supplier unless expressly accepted in writing. Submission of an order by the Customer constitutes full acceptance of these General Terms and Conditions.
ARTICLE 4. RELATED DIGITAL SERVICES
The remote-control and monitoring digital services provided through the “ID4 Irrigation” Portal and the “MyID4” Application (hereinafter jointly referred to as the “Digital Services”) do not form an integral part of the sale of Products governed by these Conditions. Such services are governed by separate terms and conditions and constitute a direct contractual relationship between the Supplier and the end user. The Customer shall not acquire any right of use, sublicense or exploitation of the digital service, except as strictly necessary for the technical integration of the Product. The Customer undertakes to: inform the end user of the existence of separate contractual terms; refrain from modifying, supplementing or misrepresenting the characteristics of the digital service; refrain from assuming obligations or warranties on behalf of the Supplier with respect to the Digital Services. The Customer shall indemnify and hold harmless the Supplier from any liability arising from statements, promises or uses of the digital service not compliant with the Supplier’s official terms. Where the operation of the Product is technically dependent on the availability of the Digital Service, the Supplier guarantees the availability of the service for the period specified in the Product technical specifications. In the event of interruption of the Digital Service affecting the operation of the Product, the warranty set forth in Article 13 shall apply.
ARTICLE 5. CONCLUSION OF THE AGREEMENT
The Agreement shall be concluded exclusively upon the Supplier sending the Customer a written order confirmation. Any offers or quotations issued by the Supplier shall not constitute a binding contractual proposal until written order confirmation has been issued. Any amendments or additions to orders must be agreed in writing between the Parties. Any partial execution of the order shall not constitute acceptance of conditions other than those contained in these General Terms and Conditions.
ARTICLE 6. PRICES AND PAYMENT TERMS
The prices of IdroMOP S.r.l. Products shall be those indicated in the confirmed order and shall be deemed exclusive of VAT unless otherwise specified. Payment shall be made according to the terms agreed in the order and, in the absence of a specific agreement, within 30 days from the invoice date. In the event of delay, default interest pursuant to Italian Legislative Decree No. 231/2002 shall automatically apply at the rate provided for under Article 5 of said decree, without the need for formal notice of default. The Supplier also reserves the right to suspend ongoing supplies and/or reject new orders in the event of payment delays exceeding 15 days. The Customer shall not suspend or delay payment nor set off any amounts without the Supplier’s prior written authorization.
ARTICLE 7. RETENTION OF TITLE
Ownership of the Products shall remain vested in the Supplier until full payment of the price and any other receivable due from the Customer in relation to the supply. Pursuant to Article 1524 of the Italian Civil Code, this retention of title clause shall be enforceable against the Customer’s creditors only if evidenced by a written instrument bearing a certified date prior to attachment or insolvency proceedings. Until transfer of ownership, the Customer undertakes to keep the Products with the diligence of a prudent business operator, maintain them identifiable as property of the Supplier, and refrain from pledging them or transferring ownership prior to full payment. In the event of non-payment or insolvency proceedings involving the Customer, the Supplier shall be entitled to reclaim and recover the Products, without prejudice to compensation for any damages suffered. The risk of loss or deterioration of the Products shall pass to the Customer as set forth in Article 8. 8.
ARTICLE 8. DELIVERY AND TRANSFER OF RISK
Unless otherwise agreed in writing, delivery of the Products shall be EXW (Ex Works) pursuant to ICC Incoterms® 2020 at the Supplier’s premises in Sovizzo (VI), Viale del Lavoro 9, or at such other place indicated in the order confirmation.
Application of the EXW term entails that:
a) the Supplier shall place the Products at the Customer’s disposal at its premises or another agreed location;
b) the risk of loss or deterioration shall transfer to the Customer upon placing the Products at its disposal;
c) the Customer shall bear all costs and responsibilities relating to loading, transportation, insurance, export formalities and customs clearance.
Delivery dates indicated in the order or order confirmation are purely indicative and shall not be deemed essential pursuant to Article 1457 of the Italian Civil Code. The Supplier undertakes to comply with a tolerance margin of fourteen (14) days from the indicated date, except in cases of force majeure or events not attributable to the Supplier. If the tolerance period of 14 days is exceeded due to reasons attributable to the Supplier, the Customer may terminate the Agreement by written notice after a further 15 days have elapsed without delivery, without prejudice to compensation for damages. The Supplier shall not be liable for damage, loss or deterioration occurring after the transfer of risk pursuant to this Article.
ARTICLE 9. INSTALLATION AND COMMISSIONING
Unless otherwise agreed in writing, the Supplier shall not perform installation, assembly or commissioning activities relating to the Products. Installation, integration and configuration of the Products within machinery or systems shall be under the Customer’s sole responsibility. The Customer shall be responsible for ensuring compliance of the completed machinery or system with applicable regulations, including, by way of example, machinery legislation, occupational safety regulations and any other applicable technical provisions. The Supplier assumes no liability for the overall operation of the machinery or system into which the Products are integrated. Any technical indications provided by the Supplier are purely informative and shall not replace the Customer’s own assessments and verifications. Any technical assistance or support activities provided by the Supplier at the Customer’s request are merely consultative in nature and shall not imply any assumption of liability for the design, integration or compliance of the machinery or system. The presence of the Supplier’s personnel at the Customer’s site shall not imply any liability regarding site or system safety. This Article shall not exempt the Supplier from obligations relating to compliance of the supplied Products with applicable regulations at the time of placing on the market, as provided under Article 10. 10.
ARTICLE 10. REGULATORY COMPLIANCE AND CE MARKING
The Supplier declares that the supplied IdroMOP S.r.l. electronic Products comply with applicable EU regulations and bear CE marking where required. By way of example, the Products comply, where applicable, with the following provisions:
– Directive 2014/30/EU (EMC – Electromagnetic Compatibility);
– Directive 2014/53/EU (RED – Radio Equipment), where applicable;
– Directive 2011/65/EU and subsequent amendments (RoHS).
The Supplier guarantees that the Products comply with European regulations in force at the date of placing on the market, including, where applicable:
– Regulation (EU) 2023/1230 (Machinery Regulation);
– Regulation (EU) 2024/2847 (Cyber Resilience Act);
– Regulation (EU) 2024/3110 (Construction Products Regulation).
For sales to non-EU countries, the Supplier shall not assume responsibility for compliance with local technical regulations unless specifically agreed in writing. CE declarations of conformity and mandatory technical manuals are available electronically on the Supplier’s website at www.idromop.com and form an integral part of the supply. Upon request, the Supplier may provide a copy in PDF or printed format. The Products constitute electronic components intended for integration into machinery or systems and are not intended for standalone use as complete machinery. The Customer, as manufacturer or integrator of the final system, shall be responsible for verifying compliance of the overall machinery or system and for any CE marking obligations relating to the finished product. The Products do not constitute safety components and are not intended to perform certified safety functions.
ARTICLE 11. CUSTOMER OBLIGATIONS
The Customer undertakes to properly inform the end user that any Digital Services associated with the Products are governed by separate terms and conditions and constitute a direct contractual relationship between the Supplier and the end user. The Customer undertakes not to activate nor permit activation of the Digital Services without direct acceptance of the relevant terms by the end user. The Customer shall not: modify or alter the Supplier’s technical documentation; present the Products or Digital Services as certified safety systems unless expressly qualified as such; promise service levels or performance different from those officially communicated by the Supplier. The Customer shall indemnify and hold harmless the Supplier from any liability, claim or damage arising from unauthorized statements or promises, improper integration of the Products into machinery, use not compliant with technical specifications, or improper qualification of the Products or Digital Services as safety devices.
ARTICLE 12. USE OF PRODUCTS AND OPERATIONAL LIABILITY
The Customer shall be responsible for verifying safety conditions and suitability of the system or machinery prior to activation of the Products. The Customer undertakes to transfer to the end customer all obligations relating to safe and compliant use of the Product, indemnifying and holding harmless the Supplier from any liability arising from improper, non-compliant or dangerous use. The Supplier assumes no liability for damages arising from activation of machinery or systems under unsafe, unsuitable or non-compliant conditions.
ARTICLE 13. WARRANTY
The Products are manufactured and delivered on the basis of the production codes expressly indicated in the order. The Products are warranted against manufacturing defects for a period of twelve (12) months from the delivery date pursuant to Article 8. For the H7 control unit range, an additional twelve (12) month warranty extension may be requested in accordance with the applicable price list. Notice of defects: the Customer shall forfeit its warranty rights unless defects are notified within eight (8) days from their discovery. Where the defect requires technical assessments for its complete identification, such term shall commence from the moment the Customer has acquired full knowledge of the defect. Notice shall not be required where the Supplier has acknowledged the existence of the defect or has fraudulently concealed it. Customer obligations: the Customer shall carry out an incoming inspection of the Products and/or components received, verifying quantities, compliance with the order, integrity and completeness of the technical documentation. Any apparent defects or discrepancies must be notified in writing within eight (8) days from delivery, failing which the warranty rights shall lapse. Scope of warranty: the warranty exclusively covers the free repair or replacement of defective parts, at the Supplier’s discretion. Repairs shall be carried out at the Supplier’s premises. Transportation costs and risks shall be borne by the Customer. Exclusions: the warranty does not cover damages arising from: (i) improper use or use not compliant with the instructions; (ii) incorrect installations; (iii) tampering or interventions by unauthorized personnel; (iv) normal wear and tear; (v) force majeure events; (vi) overvoltage or unforeseeable external events. In any event, the right to compensation pursuant to Article 1494 of the Italian Civil Code shall remain unaffected where the Supplier fails to prove that it was unaware of the defects without fault.
ARTICLE 14. RETURN AND REPAIR PROCEDURE (RMA)
Any return of Products for technical inspection, repair or service shall be carried out exclusively in accordance with the Return Material Authorization (RMA) procedure established by the Supplier. Returns may be requested by the Customer named on the original sales invoice where the machinery in which the Product is installed is still covered by the manufacturer’s warranty. Where the machinery is no longer under warranty, return or repair requests may be submitted by the end user or by third parties authorized by the end user, including distributors, installers or service centers. The Supplier reserves the right to request information regarding the origin of the Product and the machinery in which it is installed before accepting the return. Each return shipment must be accompanied by the Supplier’s repair request form, duly completed in all its parts. Products returned without the required form or shipped freight collect may be refused and returned to the sender. All returned Products must be shipped carriage paid to the Supplier’s laboratory, with transportation costs and risks borne by the sender. The Supplier shall carry out a technical inspection to determine the existence of any defect and whether the intervention falls within warranty coverage. If the Product is found to be outside warranty coverage, the Supplier may issue a repair quotation to the Customer or end user whenever the estimated repair cost exceeds EUR 100.00. If the quotation is not accepted, the Customer or end user may request the return of the unrepaired Product or authorize its disposal. A technical inspection fee of EUR 32.00 may be charged for each evaluation, unless otherwise agreed. Average repair times are approximately fourteen (14) working days from receipt of the Product at the Supplier’s laboratory, unless otherwise communicated. For products repaired out of warranty, the following conditions shall also apply: the Supplier shall carry out the repair on the basis of the anomalies identified at the time of the technical inspection. The intervention shall be limited to the activities expressly indicated in the repair report and shall not constitute a warranty on the product as a whole. The Customer shall verify the correct operation of the product immediately after redelivery and, in any case, before its installation or recommissioning at the end user’s premises. Any claims relating to the intervention carried out must be submitted in writing within eight (8) days from discovery of the defect. In any case, no claims shall be accepted after thirty (30) days from the date of redelivery of the repaired product. Upon expiry of such term, the intervention shall be deemed definitively accepted and no claim relating to the repair carried out may be accepted. Where a Product is determined to be technically irreparable, the Supplier shall inform the Customer or end user and request instructions regarding return or disposal. If the Customer or end user fails to pay for repaired Products within thirty (30) days from the invoice date or fails to collect Products repaired under warranty within thirty (30) days from notification of availability, the Supplier may issue a written reminder granting an additional fifteen (15) day period. Upon expiration of such additional period without action by the Customer or end user, the Supplier may dispose of the Product without further liability and may charge any costs incurred for handling and disposal.
ARTICLE 15. LIMITATION OF LIABILITY
Except in cases of wilful misconduct or gross negligence and subject to mandatory legal limits, the Supplier shall be liable for damages arising from Product defects only within the limits and according to the terms set forth herein. The Supplier shall not be liable for indirect, consequential or non-material damages including, by way of example, loss of profits, production losses, plant downtime, business interruption or data loss, unless such damages arise from the Supplier’s wilful misconduct or gross negligence. The Supplier shall not be liable for damages arising from integration of the Products into machinery or systems, non-compliant use or activation under unsafe operating conditions. In any event, save for wilful misconduct or gross negligence, the Supplier’s aggregate liability shall not exceed the amount actually paid by the Customer for the Product subject to the claim. Mandatory rights under applicable law shall remain unaffected.
ARTICLE 16. INTELLECTUAL PROPERTY
All intellectual property rights relating to IdroMOP S.r.l. Products, including, by way of example but not limited to, firmware, embedded software, electrical diagrams, projects, technical drawings, know-how, trademarks and technical documentation, shall remain the exclusive property of the Supplier or its licensors. Sale of the Products shall not entail any transfer of intellectual property rights to the Customer. The Customer is granted solely the right to use the Products for their intended purposes within the limits set forth in this Agreement. Any reproduction, modification, decompilation, reverse engineering, firmware extraction or unauthorized use of the Products or technical documentation is prohibited unless expressly permitted under applicable law. The Customer undertakes not to remove or alter trademarks, labels or identification markings affixed to the Products.
ARTICLE 17. FORCE MAJEURE
The Supplier shall not be liable for delays or failure to perform its contractual obligations where such delays or failures are due to force majeure events or, in any case, causes that could not reasonably be foreseen or controlled. Force majeure events shall include, by way of example and without limitation: natural disasters, fires, strikes, interruptions of power supply or communication networks, shortages or unavailability of raw materials or electronic components, supplier delays, trade blocks or restrictions, acts of war, acts of public authorities, pandemics, cyber-attacks or events affecting operational continuity. In the event of force majeure, the affected Party shall notify the other Party in writing within seven (7) days from the occurrence of the event, specifying the reasons for the impediment and its expected duration. In the absence of timely notice, the Party may not invoke force majeure. In the presence of such events, delivery or performance deadlines shall be extended for a period equivalent to the duration of the impeding event. Where the force majeure event continues for more than ninety (90) consecutive days, either Party may withdraw from the Agreement by written notice, without entitlement to any compensation, without prejudice to payment for supplies already performed.
ARTICLE 18. VALIDITY OF CLAUSES
Should one or more provisions of these General Terms and Conditions be deemed invalid, ineffective or unenforceable, such invalidity shall not affect the validity and enforceability of the remaining provisions, which shall continue to remain fully effective. The Parties undertake to replace any invalid provisions with valid clauses reflecting as closely as possible the original intent of the Parties.
ARTICLE 19. APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions and the sales agreements concluded between the Supplier and the Customer shall be governed exclusively by Italian law. Application of the United Nations Convention on Contracts for the International Sale of Goods (CISG), signed in Vienna in 1980, is expressly excluded. Any dispute arising from or connected with this Agreement shall fall under the exclusive jurisdiction of the Court of Vicenza. For sales to Customers established in non-EU countries, the jurisdiction of the Court of Vicenza shall apply unless otherwise expressly agreed in writing between the Parties upon conclusion of the individual contract. For disputes arising from agreements concluded with Customers established in Member States of the European Union, Regulation (EU) No. 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters shall apply.
ARTICLE 20. PERSONAL DATA PROCESSING
Processing of the Customer’s personal data and those of its representatives shall take place in compliance with Regulation (EU) 2016/679 (GDPR). The privacy notice relating to personal data processing is available on the Supplier’s website at www.idromop.com and is provided to the Customer upon conclusion of the first contract.
TERMS AND CONDITIONS OF THE ID4 IRRIGATION REMOTE CONTROL DIGITAL SERVICE
2026 Edition
ARTICLE 1. INFORMATION ABOUT THE SUPPLIER
The Service is provided by: IdroMOP S.r.l., Viale Del Lavoro, 9, 36049 Sovizzo (VI), Italy; VAT No. 03951780240; email: info@idromop.com; certified email (PEC): idromop@legalmail.com; telephone: +39 0444 1240784. (hereinafter the “Supplier”)
ARTICLE 2. DEFINITIONS
For the purposes of this Agreement:
– Service: the digital service for monitoring, telemetry, management and remote control of compatible machinery, provided through a web portal and/or application.
– User: the natural person using the Service.
– Consumer: a natural person acting for purposes outside their trade, business, craft or professional activity, if any.
– Portal/Application: the Portal named ID4 Irrigation, accessible at www.id4irrigation.com, and the Application named MyID4, downloadable free of charge from the Android and iOS app stores, through which the Service is provided.
– Machinery: the device or system compatible with the Service.
– Fee: the consideration due for the use of the Service.
– Logs: automatic electronic records of operations carried out through the Service.
ARTICLE 3. SUBJECT MATTER OF THE AGREEMENT
This Agreement governs the provision to the Consumer of the digital remote-control Service for compatible machinery. The Service may include, by way of example: monitoring of operational parameters; real-time data display; sending notifications and alerts; activation or deactivation of machinery functions; remote diagnostics. The Service constitutes a digital service pursuant to Italian Legislative Decree No. 173/2021.
ARTICLE 4. NATURE OF THE SERVICE AND SAFETY WARNINGS
The Service is an operational support tool and does not replace:
– physical or legally required safety devices;
– certified safety systems;
– inspections, controls or safeguards required by the regulations applicable to the machinery.
The Consumer is responsible for verifying safety conditions before activating remote commands.
ARTICLE 5. TECHNICAL REQUIREMENTS
In order to use the Service, the following are required:
– a stable internet connection;
– a compatible device: Apple or Android smartphone or tablet with a 4G/5G internet connection. Apple devices require iOS 14.2 or later versions; other devices require Android version 9.0 or later versions;
– technically suitable and properly installed machinery.
The Supplier shall not be liable for malfunctions resulting from:
– deficiencies in the User’s infrastructure;
– incorrect configuration of the machinery;
– improper use.
ARTICLE 6. REGISTRATION AND FREE PERIOD
Registration of an account on the ID4 system through the id4irrigation portal or the MyID4 application and the first pairing of the device grant access to a free Service period equal to 1 month for ID4 services related to H6 devices and 1 year for ID4 services related to H7 devices. During the free period, no payment obligation shall arise.
ARTICLE 7. CONCLUSION OF THE PAID CONTRACT
The paid contract is concluded upon paid renewal, when the Consumer:
a) confirms their intention to continue using theService;
b) accepts these Terms;
c) successfully completes payment of the Fee.
Before the conclusion of the contract, the Supplier shall provide the Consumer, in a clear and comprehensible manner, with the following precontractual information pursuant to Article 49 of the Italian Consumer Code:
– the main characteristics of the Service;
– the identity of the Supplier and its full contact details;
– the total price of the Service inclusive of VAT, with separate indication of any additional costs;
– the methods of payment, delivery and performance;
– the duration of the contract and the conditions for termination;
– the existence and conditions of the right of withdrawal;
– the functionality of the digital Service, including technical protection measures;
– the compatibility and interoperability of the Service with hardware and software;
– the existence of the legal guarantee of conformity;
– the possibility of using alternative dispute resolution mechanisms.
In the event of payment by card or immediate electronic payment instruments, the contract shall be deemed concluded upon confirmation of the successful outcome of the transaction. In the event of payment by bank transfer, the contract shall be deemed concluded upon actual crediting of the sums to the Supplier’s bank account. Activation of the Service shall occur automatically upon conclusion of the contract.
Confirmation of the contract shall be made available on a durable medium through:
– downloadable invoice in PDF format;
– availability of the accepted Terms in the reserved area of the web Portal.
ARTICLE 8. PRICES AND PAYMENTS
Prices are indicated in Euro and inclusive of VAT. The total price of the Service, inclusive of all taxes and any additional costs, shall be communicated to the Consumer clearly and prominently before conclusion of the contract. Payment shall be made using the methods indicated on the Portal. Failure to make payment shall result in suspension of the Service, subject to prior notice to the Consumer of at least 15 days.
ARTICLE 9. DURATION OF THE SERVICE
The Service is provided for the duration indicated at the time of subscription and specified in the order summary before payment and stated on the invoice.
The available durations are:
– 3 months
– 6 months
– 12 months
– 60 months
The duration shall commence on the activation date of the Service, coinciding with the conclusion of the contract pursuant to Article 7. Upon expiry of the selected period, the Service shall automatically terminate without the need for notice and without tacit renewal. The Consumer may renew the Service through the specific payment procedure available on the Portal. Each renewal constitutes a new and separate contract.
ARTICLE 10. RIGHT OF WITHDRAWAL
The Consumer has the right to withdraw from the contract within 14 days from its conclusion, without giving any reason, pursuant to Article 52 of the Italian Consumer Code.
Pursuant to Article 59, letter o) of the Italian Consumer Code, the right of withdrawal shall be excluded where:
– performance of the Service has begun;
– the Consumer has expressly requested immediate activation;
– the Consumer has acknowledged awareness of the loss of the right of withdrawal.
Such declarations are provided through separate specific checkboxes during the payment process. In the absence of the above declarations, the Consumer shall retain the right of withdrawal within the limits provided by law. The Consumer may exercise the right of withdrawal by completing and sending the standard withdrawal form attached to these Terms, also available in the reserved area of the Portal, or by means of any other explicit statement of their decision to withdraw from the contract, to be sent to: info@idromop.com or idromop@legalmail.com.
ARTICLE 11. CONFORMITY OF THE DIGITAL SERVICE
The Supplier guarantees conformity of the Service pursuant to Italian Legislative Decree No. 173/2021 and Articles 135-octies et seq. of the Italian Consumer Code.
The Service shall be deemed compliant with the contract if it:
a) corresponds to the description, quantity, quality and possesses the functionality, compatibility, interoperability and other characteristics provided for in the contract;
b) is fit for the purposes for which digital services of the same type would normally be used;
c) is supplied with the accessories and instructions that the Consumer may reasonably expect to receive;
d) possesses the quality and performance characteristics, including functionality, compatibility, accessibility, continuity and security, which are normal for digital services of the same type.
In the event of lack of conformity, the Consumer shall be entitled to:
– restoration of conformity free of charge and within a reasonable time;
– a proportionate reduction in price;
– termination of the contract, unless the defect is minor.
The Supplier shall provide updates necessary to maintain conformity of the Service for the entire duration of the contract.
ARTICLE 12. SERVICE LEVEL AND INTERRUPTIONS
The Service may be interrupted due to:
– scheduled maintenance (communicated with at least 48 hours’ notice);
– force majeure events;
– cyber incidents or cyber-attacks.
The Supplier undertakes to ensure continuity of the Service and to limit interruptions to what is strictly necessary.
ARTICLE 13. SERVER OVERLOAD EVENTS
Considering the digital nature of the Service, the Consumer acknowledges that, in the event of traffic peaks or congestion of system resources, access to and performance of the Service may be temporarily degraded. The Supplier undertakes to implement reasonable technical and organisational measures to ensure proper operation of the Service. Such circumstances shall not in themselves constitute a contractual breach, unless the degradation in performance significantly compromises the functionality of the Service.
ARTICLE 14. CREDENTIALS, SECURITY AND LOGS
The Consumer is responsible for safeguarding their credentials for access to the Portal and/or the App. The Consumer is also responsible for all operations carried out through their account, unless fraudulent use not attributable to the Consumer is proven.
The Consumer is prohibited from:
– disclosing their credentials to unauthorised persons;
– allowing access to the Service to unauthorised third parties;
– using automated systems or tools capable of compromising the security of the Service;
– attempting unauthorised access to the Supplier’s systems.
Logs shall constitute evidence of operations carried out, unless proven otherwise.
ARTICLE 15. ACCESS FOR TECHNICAL ASSISTANCE PURPOSES
Within the scope of the provision of the Service, the Consumer acknowledges that the Supplier may allow the dealer, installer or technical partner associated with the Machinery to access technical and operational data relating to the Service, exclusively for technical assistance, maintenance and operational support purposes. Such access shall be subject to the Consumer’s express authorisation, granted through the Portal or by written communication to the Supplier, and shall be limited solely to the data necessary for carrying out the above-mentioned activities. The Consumer may modify or revoke such authorisation at any time through the Portal or by written communication to the Supplier.
ARTICLE 16. USER OBLIGATIONS
The Consumer undertakes to:
– use the Service in compliance with the law;
– not use the Service for dangerous or unintended purposes;
– verify operating conditions before issuing remote commands.
ARTICLE 17. SUSPENSION OR TERMINATION
The Supplier may suspend the Service in the event of:
– unlawful use;
– risk to persons or property;
– non-payment (subject to prior notice to the Consumer of at least 15 days);
– serious breach of these Terms.
The Supplier may terminate the contract for just cause, subject to written notice to the Consumer with at least 30 days’ prior notice, except in cases of serious violations involving safety risks.
ARTICLE 18. LIMITATION OF LIABILITY
The Supplier shall be liable for direct damages caused to the Consumer due to breach or improper performance of the Service, within the limits provided by law. The Supplier shall not be liable for indirect, consequential or non-material damages (including loss of profit, loss of production, machine downtime, loss of business opportunities or interruption of business activities), unless such damages result from wilful misconduct or gross negligence on the part of the Supplier. The mandatory rights of the Consumer provided under applicable law, including the rules governing lack of conformity of digital services pursuant to Italian Legislative Decree No. 173/2021, shall remain unaffected. 173/2021.
The Supplier shall not be liable for damages resulting from:
– use of the Service not compliant with the technical specifications provided;
– activation of the Service under unsafe operating conditions;
– integration of the Service or devices into noncompliant machinery or systems;
– failure by the Consumer or third parties to comply with applicable regulations.
The Consumer acknowledges that operation of the Service may depend on electronic communication networks and SIM cards supplied by third-party operators independent from the Supplier. The Supplier shall not be liable for malfunctions, interruptions or degradation of the Service resulting from telecommunications network failures, signal unavailability, suspension or limitation of service by the network operator, unless such events are attributable to wilful misconduct or negligence on the part of the Supplier. The Supplier shall nonetheless remain obliged to adopt reasonable technical and operational measures to ensure continuity of the Service within the limits of its capabilities.
ARTICLE 19. INTELLECTUAL PROPERTY
The software, Platform, Portal, Application, as well as any related content, code, graphical interface, database and know-how, are the exclusive property of the Supplier or its licensors. This Agreement does not entail any transfer of intellectual property rights. The Consumer is granted a personal, non-exclusive, non-transferable licence limited to the duration of the contract. Any reproduction, modification, decompilation, reverse engineering or unauthorised use of the Platform is prohibited, except where expressly permitted by law.
ARTICLE 20. PROCESSING OF PERSONAL DATA
The processing of the Consumer’s personal data and those of their representatives shall take place in compliance with Regulation (EU) 2016/679 (GDPR). The privacy notice relating to data processing is available on the website www.idromop.com and is provided to the Consumer upon conclusion of the first contract.
ARTICLE 21. AMENDMENTS TO THE TERMS
The Supplier may amend these Terms for regulatory, technical or improvement-related reasons. Any amendments shall be communicated to the Consumer with at least 30 days’ prior notice by email or notification within the reserved area of the Portal. The Consumer shall have the right to withdraw from the contract without penalty within the notice period if they do not accept the amendments.
ARTICLE 22. COMPLAINTS
Any complaints may be sent to:
Email : info@idromop.com
Certified Email (PEC): idromop@legalmail.com
The Supplier undertakes to respond to complaints within 30 days from receipt.
ARTICLE 23. APPLICABLE LAW AND JURISDICTION
This Agreement shall be governed by Italian law. Where the Consumer has their habitual residence in a Member State of the European Union other than Italy, any mandatory provisions provided by the law of the Consumer’s country of residence shall remain unaffected. Any dispute arising from or connected with this Agreement shall fall under the jurisdiction of the court of the Consumer’s place of residence or domicile, pursuant to Article 33, paragraph 2, letter u) of the Italian Consumer Code. The Consumer may make use of alternative dispute resolution (ADR) mechanisms provided by applicable law. The updated list of dispute resolution bodies is available on the website of the European Commission dedicated to consumer protection. The Supplier does not adhere to any alternative dispute resolution body.
ARTICLE 24. FINAL PROVISIONS
Should one or more provisions of this Agreement be deemed invalid or ineffective, the remaining provisions shall remain fully valid and effective. Any tolerance by the Supplier of conduct by the Consumer in breach of these conditions shall not constitute a waiver of the rights arising from the contract nor an amendment to the relevant provisions. This Agreement is drafted in the Italian language. Any translations into other languages are provided solely as a courtesy. In the event of discrepancies in interpretation, the Italian-language version shall prevail, without prejudice to compliance with any mandatory provisions applicable in the Consumer’s country of residence. These Terms constitute the entire agreement between the parties in relation to the Service and supersede any prior understanding, whether written or oral, having the same subject matter. These Terms shall apply to contracts concluded starting from 1 January 2026. For ongoing contracts, the new conditions shall apply from the first renewal following such date.