Terms of Use

Foreword

The Seller is particularly attentive to the needs and expectations of the users of this Electronic Commerce Site and hopes that the same are always satisfied with the purchases made through this portal. For this reason, it provides the same, through these General Terms and Conditions of Sale (GTC), with 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 Legislative Decree September 6, 2005, no. 206 (Consumer Code), as amended, most recently, by Legislative Decree. March 7, 2023, No. 26, implementing Directive (EU) 2019/2161 of the European Parliament and of the Council of November 27, 2019, amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council for better enforcement and modernization of Union rules on consumer protection.

These GCS, therefore, form an integral and essential part of the Contract for the purchase of any Good 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 a Good through the Site, the Customer agrees to adhere to these GTC, and agrees to be legally bound by the terms and conditions set forth below.

  1. Definitions

Society: 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 third and independent legal entity with respect to 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; Website: 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 in general for any user; Good: means the product and/or service offered for sale by the seller through the platformWell Extralarge: means the Good weighing more than 70 kg and/or bulky (i.e. more than 419 cm (2 x height + 2 x length). ); Client: shall mean the natural person of age or legal entity registered on the Site who, by placing the order, proposes to the seller to purchase the good through the Site and 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 through the Site and the platform, which the seller may accept by giving appropriate notice to the customer; Contract: means the contract of sale relating to a good, which the customer concludes directly with the seller as a result of placing the order, its notice of acceptance by the seller and payment of the relevant price; Consumer Code (Cons. Code).: means Legislative Decree.6/9/2005, No. 206 as last amended by Legislative Decree March 7, 2023, No. 26; 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 countervalue indicated in the voucher itself.

  1. Procedure for making the asset purchase

The process of purchasing a Good 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 to any third parties for the purposes referred to in these general conditions of sale. Once the registration has been made, in order to proceed with the purchase, the Customer will have to enter his/her own 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. Filling out the Order Form: the Customer shall carefully read and fill out 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:

  1. the essential characteristics of the Good placed for sale by the Seller through the Platform;
  2. 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 the principal office and/or secondary offices, if any; telephone and telefax numbers; e-mail address; any specific address to which complaints should be addressed; names of any contact persons);
  3. The quantity of the Good that is the subject of the Order;
  4. The total price of the Good (including all applicable taxes and fees);
  5. the costs of delivery of the Goods (with any ancillary costs). In the case of Extralarge Goods, the details of delivery charges may be communicated to the Customer at a later date, subject to the procedure set forth in Section 2.8.
  6. 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;
  7. A request for the Customer's acknowledgement and acceptance of the General Conditions of Sale;
  8. 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);
  9. The possible request for the issuance of the commercial invoice;
  10. The total price of the Order (including taxes, fees, and shipping charges);
  11. the payment method chosen by the Customer from those expressly indicated on the Site and provided by the Platform;
  12. all information about any service or commercial warranties provided, including the legal warranty of conformity of the Good, where applicable;
  13. information regarding the existence of any right of withdrawal, including the conditions, terms and procedures for exercising that right.

Upon completion of the Order form, the Customer may, before 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 will forward the Order form by way of. point and click, or by selection on the Site of a virtual button bearing clearly and legibly the words "order and pay", or other similar action involving the Customer's explicit acknowledgement that the placing 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 considered concluded and the order to be processed. Once the Order has been placed and the Price has been paid, 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. Together with such communication, the Customer will receive a copy of the information on the processing of personal data (of which the Customer always has, however, the opportunity to view on this Site), 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 Good directly from the Seller ("pick up in store" option), the tracking code will not be communicated, and the different procedure provided for 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 placed by the Customer if the identifying information entered by the Customer in the Order form is incomplete or incorrect. If this happens, 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 according to the timeframes and procedures provided for in Article 8 below. 2.7. Unavailability of the Goods: If, for any reason, the Goods are 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 shall receive a full refund of the sums 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 over as a simple reservation of the Extralarge Good by the Customer free of charge, and no price will be charged. Following the reservation, the Customer will receive, within the necessary technical time, a communication by e-mail containing a summary of the content of the reservation of the Extralarge Good, with the express indication that the Price will not be charged. Within the next 5 (five) business days, the Customer will receive a second communication, also by e-mail, with the confirmation of the actual availability of the Extralarge Good, the 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 the details of the courier appointed for delivery and any ancillary 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 the Order.

  1. Shipping and delivery of the good

3.1. Unless otherwise agreed in writing between the Customer and the Seller, the latter is obliged to deliver the Goods to the 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 for in Article 61 of the Consumer Code. The costs of delivery of the Goods, if any, shall be borne in full by the Customer, and vary depending on the weight and volume of the Goods, the location of delivery and the accessory services chosen. 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 its forwarding by the Customer and the conclusion of the Contract, all shipping and delivery costs and expenses related to the Goods covered by the Order shall be communicated to the Customer in a clear and understandable manner. If, in exceptional cases, it is not possible to calculate the delivery costs in advance, the Customer shall receive evidence of this in a clear manner prior to placing the order and concluding the Contract. 3.2. The shipment of the Goods will be made by a 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 of filling the Order 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 code tracking which will allow monitoring the status of the shipment. The Customer will be able to check the stage of transfer of the Good: 1. By connecting to the Reserved Area "Account"; 2. Directly on the site of the carrier. 3.4. The Good may be delivered throughout the Italian territory at the address indicated by the Customer in the Order form. Shipments may not be addressed to post office boxes and poste restante. In the event that the Customer is unavailable upon delivery of the Good, the Customer will have 30 (thirty) days to proceed to collect the Good at its own expense at 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 of 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 material availability or otherwise control of the Good to the Customer. If the obligation to deliver the Good 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. If such additional period of time, if any, 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:

  1. the Seller has expressly refused to deliver the Good, viz;
  2. 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;
  3. 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.

  1. 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 purely indicative. 5.3. The Seller is responsible for the legitimacy and compliance of the Good placed on sale with respect to the current Italian and European regulations. 5.4. The Seller declares to be in possession of all the requirements provided for by the regulations in force, both in relation to the authorizations to carry out commerce, also in electronic form, and in relation to distance sales. 5.5. The Seller , in the event of an ascertained lack of conformity of the Good, within the time limits provided for by current regulations, will be required to restore the conformity of the same without any additional cost to the Customer.

  1. Price and payment method

6.1. The price of the Good is expressed in Euros and may be subject to change and update over time. The sales price is as stated in the Order form and includes all applicable taxes and duties. The total price of the Order also includes delivery charges and any charges for ancillary services chosen by the Customer, appropriately separated and detailed. 6.2. In the event of a 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 correct 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, when filling the Order, one of the following systems chosen by the Seller: bank transfer (IBAN code indicated in the order form) and/or PayPal. 6.4. If payment by PayPal is selected, the Customer will be redirected to the telematic payment platform on the site www.paypal.it and from there must proceed to enter the data necessary to complete the transaction. This information will never be stored, even in a temporary form, on the Platform and will only be used to finalize the purchase transaction or to report any fraud committed on the Platform to law enforcement. 6.5. In relation to the payment system chosen by the Customer, no responsibility can 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.

  1. Right of withdrawal and conditions of return

7.1. The Customer has the right to withdraw from the Contract within the term of 15 (fifteen) 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. The Good must be returned in its original unopened or damaged packaging. 7.2. In the case of multiple Goods, by such having 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. Any limitations to the right of withdrawal may be highlighted in the Order form being completed by the Customer. 7.4. For the purposes of proper management of the return connected with the exercise of the right of withdrawal, the Customer shall, within the period indicated in paragraph 7.1:

  1. by sending to the Seller and, for information, to the Company, by means of separate registered letters with acknowledgement 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.
  2. by sending to the Seller and, for information, to the Company, by means of separate registered letters with acknowledgement of receipt, within the period indicated 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, 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 compliance with these conditions and within the established terms, will provide a refund in the terms and in the manner indicated in paragraph 8. 7.8. In the event that the terms and conditions for withdrawal are not complied with, the Customer shall not be entitled to any refund. 7.9. If he/she has purchased a coupon or voucher, the Customer has the right to exercise the right of withdrawal within 15 (fifteen) calendar days starting 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 15 (fifteen) 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 15-day period. The cost of returning the Goods shall always be 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.

  1. Methods of reimbursement

8.1. The Seller will refund all payments received from the Customer (including any delivery charges) in the shortest possible time and in any event no later than 14 (fourteen) calendar days from the date on which The Seller became aware of the Customer's exercise of the right of withdrawal, 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, reimbursement of the additional costs due to the different type of delivery shall not be due. 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 possible time, 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 Customer's refusal to supply a Good with equivalent characteristics and value in replacement of the non-available Good. 8.3. Pursuant to Article 56, co. 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 Good, or until the Customer has demonstrated to it that it has returned the Good to the Seller, whichever situation occurs first.

  1. Role of society

9.1. The Customer expressly acknowledges that the Company has no role in the contract of sale and at no stage of the same is configured as 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 conformity of the Good with the current Italian and European regulations, as well as the actual conformity 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 only entity authorized to manage the activities related to logistics, validation of payments and validation of the return procedures referred to in art. 8 above, replacement of the Good and reimbursement for unavailability of the Good. 9.4. Any dispute or complaint, or grievance regarding defects or non-conformity of the Goods must be addressed directly to Seller.

  1. Applicable law and jurisdiction

10.1. The Contract and these General Terms and 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.

  1. Modification of general conditions

11.1. These Terms and Conditions are subject to change over time and in accordance with any changes in legislation. 11.2. The new conditions shall be effective from the date of publication on this Site.

  1. 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.

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