General Terms and Conditions of Sale
The Seller is particularly attentive to the needs and expectations of the users of this E-Commerce Site and hopes that they will always be satisfied with the purchases made through this portal.
For this reason, it provides the same, through these general conditions of sale (CGV), appropriate information in relation to all aspects governing the purchase, through telematic methods, of the products presented on the Site, in compliance with the provisions of D.Lgs. 6/9/2005, n. 206 ("Consumer Code"), as amended by Legislative Decree 21/2/2014, n. 21, implementing the European Directive 2011/83/EU, which, in turn, amended the previous European Directives 93/13/EEC and 1999/44/EC, repealing the European Directives 85/577/EEC and 97/7/EC.
These Terms and Conditions, therefore, form an integral and essential part of the Contract for the purchase of any Goods made through this Site, and the placing of an Order, by the Customer, implies acceptance thereof.
Therefore, when placing an Order for the purchase of any Goods through the Site, the Customer agrees to these Terms and Conditions, and agrees to be legally bound by the terms and conditions set forth below.
Company: means the company that owns the domain name of this Site and operates the electronic commerce platform operating on the Site, accessible through it.
Seller: means the legal entity third and independent of the Company, clearly identified on the Site and the Platform, which uses the Site and the domain name granted to it for use by the Company, and which offers the Good for sale to the public through the Platform itself.
The Seller, therefore, is solely responsible for the proper execution of the sale of the Good to the Customer, and has declared that he is the legitimate owner of the Good proposed for sale, that the same is in compliance with the current Italian and European regulations, and that he is legitimized to exercise the activity of electronic commerce.
Site: means this Website on which the Platform operates.
Platform: means the electronic commerce platform operating on and accessible through the Site, through which the Seller is technically enabled to sell the Good. Access to the Platform is free for Customers and generally for any user.
Good: means the product and/or service offered for sale by the Seller through the Platform.
Extralarge Good: refers to the Good with weight over 70 kg and/or bulky (i.e. over 419 cm (2 x height + 2 x length).
Customer: means the adult natural person or legal entity registered on the Site who, by placing the Order, proposes to the Seller to purchase the Good through the Site and to pay the price thereof by means of the Platform accessible through the Site itself. If the Customer is a consumer referred to in Article 3, co. 1 of the Consumer Code (Cod. Cons.), the same is subject to all the provisions of greater protection provided therein.
Order: means the proposed purchase of a Good forwarded by the Customer to the Seller via the Site and the Platform, which the Seller may accept by giving appropriate notice to the Customer.
Contract: shall mean the contract of sale relating to a Good, which the Customer concludes directly with the Seller as a result of the placing of the Order, its notice of acceptance by the Seller and the payment of the relevant price.
Consumer Code (COd. Cons.): means the Legislative Decree.6/9/2005, no. 206.
General Terms and Conditions of Sale (GTC): shall mean these contractual terms and conditions, published on this Site, of which the Customer may at any time inspect and print a copy, which have as their object the sale of the Good by the Seller to the Customer.
Any purchase of Goods made through this Site and the e-commerce platform is governed by this document, and is a distance sale within the meaning of Articles 51 et seq. of the Consumer Code.
Purchase voucher or coupon: means an entitlement document that can be purchased by the Customer on the Site through the Platform and downloaded and saved in electronic form and/or printed in paper form, equipped with a unique identification code, which gives the Customer, for a period of up to 90 (ninety) days from the purchase, the right to purchase goods or use services of his/her choice at the physical location or store of the Seller, for a counter value indicated in the voucher itself.
2. PROCEDURE FOR MAKING THE PURCHASE OF THE ASSET
The process of purchasing an Asset consists of the following steps:
2.1. Identification of the Customer: the Customer must register on this Site by entering his/her personal details (personal identification data, physical and telephone number and any other information that may be required) and give the Company and the Seller a valid consent to their processing and communication to the carrier (courier) and any third parties for the purposes set forth in these general conditions of sale.
Once the registration has been made, in order to proceed with the purchase, the Customer must enter his/her access credentials (username and password) freely chosen by the same during registration and fill in the Order form relating to the chosen Good.
2.2. Completion of the Order Form: the Customer shall carefully read and complete the Order Form in electronic format on this Site.
The Order Form will indicate in detail, in a clear and easily understandable manner, before its confirmation by the Customer:
(a) the essential characteristics of the Good offered for sale by the Seller through the Platform;
(b) the Seller's identification and physical contact information (in the case of a sole proprietorship, firm; in the case of a corporation, company name or business name; physical address of main office and/or secondary offices, if any; telephone and telefax numbers; e-mail address; any specific address to which complaints should be addressed; name of any contact persons);
(c) the quantity of the Good covered by the Order;
(d) the total price of the Good (including all applicable taxes and duties);
(e) the costs of delivery of the Goods (with any ancillary costs). In the case of Extralarge Goods, the details of the delivery charges may be communicated to the Customer at a later date, subject to the procedure set forth in paragraph 2.8.
(f) the manner, address and expected date of delivery of the Good, however, not more than 30 (thirty) days from the date of conclusion of the Contract;
(g) a request for the Customer's acknowledgement and acceptance of the General Conditions of Sale;
h) the request for acknowledgement and acceptance of the conditions established for the exercise of the right of withdrawal by the Customer, as well as the procedures, costs and timeframes for the return of the Good and the related refund of the Price already paid (where applicable);
(i) any request for the issuance of the commercial invoice;
(l) the total price of the Order (including taxes, fees, and shipping charges);
m) the payment method chosen by the Customer from among those expressly indicated on the Site and provided by the Platform;
(n) all information on any service or commercial warranties provided, including the legal warranty of conformity of the Good, where applicable;
(o) information regarding the existence of any right of withdrawal, including the conditions, terms and procedures for exercising such right.
Upon completion of the Order form, the Customer may, prior to placing the Order, print or save the same in electronic format.
2.3. Forwarding of the Order Form and Payment of the Price: The Customer shall forward the Order Form by point and click mode, i.e., by selection on the Site of a virtual button clearly and legibly bearing the words "order and pay," or other similar action involving the Customer's express acknowledgment that the forwarding of the Order implies an obligation on its part to make payment of the price.
Payment of the total price of the Order is a prerequisite for the Contract to be concluded and the order to be processed.
Once the order has been submitted and the payment of the Price has been made, the Customer will receive, within the strictly necessary technical time, by e-mail, a communication confirming acceptance of the Order by the Seller and payment of the price, containing a summary of the contents of the Order itself.
Together with this communication, the Customer will receive a copy of the information notice on the processing of personal data (of which the Customer always has the possibility to view on this Site, however), information on how to exercise the right of withdrawal, if any, and the tracking code necessary to monitor the delivery of the Good through the carrier.
If the Customer has requested to pick up the Goods directly from the Seller ("pick up in store" option), the tracking code will not be communicated, and the different procedure set forth in Article 4 below will apply.
2.4. Conclusion of the Contract: the contract between the Customer and the Seller shall be deemed concluded upon receipt by the Customer of the notice of acceptance of the Order by the Seller and payment of the relevant price.
2.5. Archiving of the Order: The Order form will be archived in the Platform's database for the period of time necessary for the execution of the same and in any case within the terms of the law.
2.6. Refusal to execute the Order and refund of the Price: The Seller may refrain from executing the Order forwarded by the Customer if the identification data entered by the Customer in the Order form is incomplete or incorrect. Should this occur, the Customer will be informed, within the strictly necessary technical time, by e-mail, of the reasons for the non-conclusion of the Contract, and will receive a full refund of any Price already paid in accordance with the timeframes and procedures provided for in Article 8 below.
2.7. Unavailability of the Good: If, for any reason, the Good is no longer available from the Seller, the Seller may temporarily suspend the execution of the Order by contacting the Customer, by e-mail, within 5 (five) working days following the submission of the order form. The Seller will provide the Customer with all information regarding the expected timing of restocking and delivery of the Good and may also propose to the Customer a Good with equivalent characteristics and value as a replacement for the unavailable Good.
The Customer has the right, in this case, to withdraw from the contract and cancel the Order, rejecting any alternative proposal received from the Seller. If the payment of the Price has already been made, the Customer will receive a full refund of the amounts paid in accordance with the time and manner provided for in Article 8 below.
2.8. Extralarge Good: If the subject of the order is a bulky good (Extralarge Good), the Order transmitted by the Customer will be taken as a mere reservation of the Extralarge Good by the Customer free of charge, and no charge will be made.
Following the reservation, the Customer will receive, within the necessary technical time, a communication by e-mail containing a summary of the contents of the reservation of the Extralarge Good, with the express indication that the Price will not be charged.
Within the next 5 (five) working days, the Customer will receive a second communication, again by e-mail, with confirmation of the actual availability of the Extralarge Good, details of the costs and shipping charges, the total price of the Extralarge Good (including taxes) and a hyperlink (link) to the website www.PayPal.it, i.e. the details for payment of the price by bank transfer, with details of the courier company appointed for delivery and any additional costs.
The Customer shall make payment of the Price within 2 (two) business days of receipt of such second communication, under penalty of cancellation of the reservation and Order.
3. SHIPMENT AND DELIVERY OF THE GOOD
3.1. Unless otherwise agreed in writing between Customer and Seller, Seller shall be obliged to deliver the Goods to Customer without undue delay, and in any event no later than the term of 30 (thirty) calendar days from the date of conclusion of the Contract, as provided in Article 61 of the Consumer Code.
Delivery charges for the Good, if any, are the full responsibility of the Customer, and vary depending on the weight and volume of the Good, the location of delivery, and the ancillary services selected.
Except in the case of Extralarge Goods, for which the provisions of paragraph 2.8 shall apply, during the process of finalizing the Order and prior to the placing of the Order by the Customer and the conclusion of the Contract, all shipping and delivery costs and expenses related to the Goods subject to the Order shall be communicated to the Customer in a clear and understandable manner.
If, in exceptional cases, it is not possible to calculate delivery costs in advance, the Customer will receive clear evidence of this before placing the order and concluding the Contract.
3.2. The shipment of the Goods will be made by carrier (courier) or otherwise through a third party shipping company with respect to the Company and the Seller, which will be indicated on the Site and the Platform at the time the Order is completed and prior to its submission, together with the transport conditions applied, unless otherwise indicated, which will be communicated to the Customer in the Order Confirmation.
By submitting the Order, the Customer declares that it has read and accepted them.
3.3. Together with the Order confirmation, the Customer will receive the details for the delivery of the Good and the timing, together with the tracking code that will allow monitoring the status of the shipment.
The Customer will be able to verify the transfer phase of the Asset:
1. By logging in to the Reserved "Account" area;
2. Directly on the carrier's site.
3.4. The Goods may be delivered throughout the Italian territory at the address indicated by the Customer in the Order Form. Shipments may not be addressed to P.O. boxes and poste restante.
In the event that the Customer is unavailable upon delivery of the Good, the Customer shall have 30 (thirty) days to proceed to collect the Good at its own expense from the physical location of the Seller. After this period has elapsed, the Seller may retain the Good and the Customer shall forfeit the right to a refund of the amounts paid.
The Customer, at the same time as the delivery of the Good, shall check the integrity of the same and in case of defects report them to the Seller within 24 hours of receipt of the package.
3.5. The delivery obligation shall be deemed fulfilled by the transfer of the physical availability or otherwise control of the Good to the Customer.
If the obligation to deliver the Goods is not fulfilled within the period referred to in paragraph 3.1. above, the Customer shall have the right to request that delivery be made within an additional period appropriate to the circumstances. In the event that any such additional period granted expires without the Good having been delivered, the Customer shall have the right to terminate the Contract.
3.6. The Customer shall not be burdened, however, to grant the additional period of time referred to above if:
a) the Seller has expressly refused to deliver the Good, or;
(b) compliance with the deadline agreed by the parties for the delivery of the Good should be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract, namely;
(c) the Customer has informed the Seller in writing, prior to the conclusion of the contract, that delivery by or on a specified date is to be considered essential.
3.7. The Customer has the right, if it does not receive delivery of the Goods within the agreed term or within the term referred to in paragraph 3.1. to terminate the contract, without prejudice to the right to compensation for damages. In this case, the same shall be entitled to a refund of all sums paid in performance of the contract.
4. PICK UP IN STORE
4.1 Without prejudice to the purchase procedure set forth in Article 2 above, the Customer has the option, if indicated, to pick up the Goods directly at the physical location and/or store of the Seller, at its own care and expense and without delivery costs, by making an express request in the Order Form.
4.2. In order to collect the Goods, the Customer must present its own identity document (or, if applicable, that of the person who made the purchase), together with a printout of the e-mail communication confirming the Order confirmation, no later than 30 (thirty) calendar days from the date of receipt of the Order acceptance communication.
4.3. In such case, the term for withdrawal referred to in Article 7 below, if any, shall run from the day on which the Customer actually takes delivery of the Goods, or from the day on which the Customer should have taken delivery of the Goods pursuant to the preceding paragraph.
4.4. If Customer fails to pick up the Goods at Seller's physical location and/or store within 30 (thirty) calendar days from the date of receipt of notice of acceptance of the Order, Seller shall be relieved of its obligation to deliver the Goods and/or ensure their availability.
5. SELLER'S WARRANTIES
5.1. The Seller shall be solely responsible for the performance of the contract of sale of the Good concluded with the Customer.
5.2. The Seller is the owner of the Good offered for sale, of which it guarantees the authenticity, legitimate origin and conformity with the information published on the Platform.
However, the images and colors of the Good may not fully correspond to the real ones; in fact, the images are for illustrative purposes only.
5.3. The Seller shall be responsible for the legality and conformity of the Good placed on sale with respect to the applicable Italian and European regulations.
5.4. The Vendor declares that it meets all the requirements of current regulations, both in relation to permits to conduct commerce, including electronic commerce, and in relation to distance selling.
5.5. The Seller , in the event of an ascertained lack of conformity of the Good, within the time limits provided by the current legislation, will be required to restore the conformity of the same without any additional cost to the Customer.
6. PRICE AND METHOD OF PAYMENT
6.1. The price of the Good is expressed in Euros and may be subject to change and update over time.
The sale price is as stated on the Order Form and includes all applicable taxes and fees.
The total price of the Order also includes delivery charges and any charges for ancillary services chosen by the Customer, appropriately distinguished and itemized.
6.2. In case of material error in the indication of the price, which is manifestly insignificant in relation to the value of the Good, the Seller shall have the right to rectify the same before delivery of the Good. If the Customer communicates that he does not agree to pay the corrected price, the contract of sale shall be deemed terminated and the price, if already paid, shall be returned to the Customer.
6.3. To make payment of the total price of the Order, the Customer may select one of the following systems chosen by the Seller when completing the Order: bank transfer (IBAN code indicated in the order form) and/or PayPal.
6.4 If payment by PayPal is chosen, the Customer will be redirected to the telematic payment platform on the site www.paypal.it and from there he/she must proceed to enter the data necessary to complete the transaction.
Such information will never be stored, even in temporary form, on the Platform and will be used solely to finalize the purchase transaction or to report to law enforcement agencies any fraud committed on the Platform.
6.5. In relation to the payment system chosen by the Customer, no liability shall be attributed to either the Company or Seller in the event of inefficiencies or temporary non-functioning of the payment platforms referred to in paragraph 6.4. above.
7. RIGHT OF WITHDRAWAL AND CONDITIONS OF RETURN-PURCHASE VOUCHERS
7.1. If the Customer is a consumer, the same has the right to withdraw from the Contract within the term of 14 (fourteen) calendar days from the day of receipt of the Good and to obtain reimbursement of the expense incurred, without incurring any cost or penalty, and without the need to specify the reason for withdrawal.
7.2. In the case of multiple Goods, by which is to be understood those ordered by the Customer by means of a single order but delivered separately, the term referred to in paragraph 7.1. shall run from the day on which the Customer (or a third party other than the carrier or courier appointed by the Customer, if any), receives delivery of the last Good.
7.3. The right of withdrawal is excluded in the following cases:
- audio-visual products, sealed computer software once opened after delivery (including those attached to hardware);
- Custom-made or clearly customized products;
- products that are likely to deteriorate or expire quickly;
- health care items, medical devices and electromedical equipment, dietary supplements or slimming products and/or parapharmaceutical and similar products;
- sealed products that are not suitable for return for hygienic or health protection-related reasons once opened after delivery (such as, but not limited to, cosmetic products, perfumes, beauty creams, herbal items, etc.).
- in general, in all other cases provided for in Article 59 of the Consumer Code, or which are completely outside the scope of the same pursuant to Article 47 of the Consumer Code.
Any limitations to the right of withdrawal may be highlighted on the Order form as it is being completed by the Customer.
7.4. For the purpose of proper handling of the return related to the exercise of the right of withdrawal, the Customer shall, within the time limit indicated in paragraph 7.1:
1) Authenticate to the Platform with your login credentials(username and password);
2) access, from their private area, the order management page and select the one related to the Good that is the subject of the withdrawal request;
3) Click on the item: "Request Withdrawal" related to the Good that is the subject of the withdrawal request;
4) Complete the electronic withdrawal form in its entirety and send it by means of the Platform to the Seller ;
5) select the service of "redelivery of the Good" (if the Customer does not wish to provide directly with its own courier, carrier or freight forwarder) and accept the charge to its own account of the cost of shipping necessary to redeliver the Good (the Customer in this case will not have to pay anything to the courier and the cost of shipping, which will be quantified in advance, will be deducted from the amount to be refunded). In the event that the price of the Good subject to the request for withdrawal is less than the cost of the shipment necessary to redeliver the same, the service of "redelivery of the Good" will not be available and the Customer will have to provide its own courier.
6) view and accept these return conditions related to the exercise of the right of withdrawal;
7) arrange for the return of the Good to the courier taking care that the same is returned in undamaged condition, complete with all accessories (including certificates of authenticity and warranty, user manuals, cables etc. ...) and in its original packaging and packaging, free of damage, including labels and security seals unaltered, where applicable; the products must not have been used, worn, washed or damaged.
If the Customer has chosen to make use of the "return of the Goods" service, he/she will receive by e-mail the return instructions together with the waybill, which must be printed and attached to the shipment.
8) Indicate the mode of reimbursement from the following:
(a) re-credit to the PayPal account used for payment;
b) bank transfer (in which case it will be necessary to indicate the IBAN code and the account holder, which must necessarily correspond to the person who made the payment).
7.5. As an alternative to the standard procedure set forth in paragraph 7.4, the Customer who holds the status of consumer may also exercise its right of withdrawal in the following ways:
a) by sending to the Seller and, for information, to the Company, by means of separate registered letters with advice of receipt, within the deadline referred to in paragraph 7.1. of the withdrawal form, duly completed, downloadable from this Site and in accordance with the provisions of Annex I, part B, of the Consumer Code, as referred to in Article 54, same Code.
b) by sending to the Seller and, for information, to the Company, by means of separate registered letters with acknowledgement of receipt, within the period specified in paragraph 7.1. of an explicit written statement containing the declaration to withdraw from the Contract.
7.6. The Seller will notify the Customer within 5 (five) working days of receipt of the Goods subject to withdrawal, by e-mail, of the acceptance of the return of the Goods or the presence of any anomalies with respect to these general conditions of sale.
7.7. The Seller, where the right of withdrawal has been exercised in accordance with these terms and conditions and within the terms set forth, will provide a refund in the terms and manner set forth in paragraph 8.
7.8. In the event that the terms and conditions for withdrawal are not met, the Customer shall not be entitled to any refund.
7.9 Where the Customer has purchased a coupon or voucher, the Customer shall be entitled to exercise the right of withdrawal within 14 (fourteen) calendar days from the day of receipt of the order confirmation email.
7.10. Unless the Seller has offered to collect the goods himself, the Customer shall return the Goods without undue delay, and in any event within 14 (fourteen) calendar days from the date on which he has notified the Seller and, if applicable, the Company, of his decision to withdraw from the contract. This deadline shall be deemed to be met if the Customer returns the Goods before the expiration of the 14-day period.
The cost of returning the Good is always borne by the Customer.
7.11. In accordance with the provisions of Article 58 of Legislative Decree 6/9/2005, No. 206 (Consumer Code), without prejudice to the provisions on consumer credit contracts, if the Customer exercises his right of withdrawal, any ancillary contracts shall be terminated by right, at no cost to the Customer, with the exception of those provided for in Article 56, co. 2, and 57 of the Consumer Code.
8. METHODS OF REIMBURSEMENT
8.1. The Seller will refund all payments received from the Customer (including any delivery charges) in the shortest time possible and in any event no later than 14 (fourteen) calendar days from the date on which The Seller became aware of the exercise of the right of withdrawal by the Customer, using the same means of payment used by the Customer for the initial transaction.
If the Customer has expressly chosen a different and more expensive type of delivery from the least expensive type offered by the Seller and/or in the Platform as the standard mode of delivery, no reimbursement will be due for the additional costs due to the different type of delivery.
8.2. In case of non-execution of the order by the Seller, the latter will refund all payments received from the Customer in the shortest time possible, and in any case no later than 14 (fourteen) calendar days from the date on which the Seller has manifested to the Customer the non-availability of the Good or has received the refusal by the Customer to the supply of a Good with equivalent characteristics and value in replacement of the non-available Good.
8.3. Pursuant to Article 56, Paragraph 3, of the Consumer Code, the Seller may refrain from making the refund referred to in this Article until it has received the return of the Goods, or until the Customer has demonstrated to it that it has returned the Goods to the Seller, whichever situation occurs first.
9. ROLE OF SOCIETY
9.1. The Customer expressly acknowledges that the Company has no role in the sales contract and at no stage of the contract is the Company a Seller.
9.2. The Customer expressly acknowledges that the Company has no role in the verification of the legitimacy of the origin of the Good and the compliance of the Good with the current Italian and European regulations, as well as the actual compliance of the same with the information reported in the relevant descriptive sheet, the compilation of which is the sole responsibility of the Seller.
9.3. The Seller is the sole entity authorized to manage the activities related to logistics, validation of payments and validation of the return procedures referred to in Article 8 above, replacement of the Good and refund for unavailability of the Good.
9.4 Any objection or complaint, or grievance regarding any defect or discrepancy in the Goods shall be addressed directly to Seller.
10. APPLICABLE LAW AND JURISDICTION
10.1. The Contract and these General Conditions of Sale are entirely governed by Italian law. For all disputes relating to the interpretation, termination and execution of the Contract and these General Conditions of Sale in which at least one Consumer is a party, the mandatory territorial jurisdiction belongs to the Judge of the place of residence or domicile of the consumer, if located in the territory of the State.
11. MODIFICATION OF GENERAL CONDITIONS
11.1. These General Terms and Conditions are subject to change over time and in accordance with any changes in legislation.
11.2. The new conditions will be effective from the date of publication on this Site.
12. EFFECTIVENESS OF THESE CONDITIONS
12.1. The Company and the Seller do not guarantee that the contents of the Site are appropriate or lawful in other countries.
12.2. The possible invalidity, nullity or ineffectiveness of one or more of these General Terms and Conditions of Sale where accepted, shall not determine the invalidity, ineffectiveness or nullity of the remaining clauses which shall remain valid and effective.