General terms and conditions of sale
GLOSSARY
Seller: Vetrarte S.r.l., with registered office at Via per Azzano S. Paolo 26/28 in Grassobbio (Bg) CAP 24050, VAT number 02676600162, Fiscal Code 02676600162, pec vetrarte@pec.it, registered with the Companies Register of Bergamo under no. 313983, as seller of the Products and, where expressly indicated on the Product Sheet, as Manufacturer.
Customer: the purchaser of the Product/s who registers on the Site and purchases the same
Contracting Parties/Parties: the Seller and the Customer
Product/s: the goods indicated as for sale on the Site, object of the Sales Contract between the Customer and the Seller. They are custom-made and personalized products.
Technical Sheet: indicates the description of the Product, its characteristics, intrinsic and/or extrinsic to the Product that are relevant for the sale. It also indicates the identity of the Manufacturer
Manufacturer: the natural or legal person who owns the business that produces, manufactures, designs, and who may be the holder of the patent, invention, process, model or other, concerning the Product
Order/s: the outcome of the online purchase procedure
General Sales Conditions: these provisions
Contract: the agreement between the Parties relating to the sale of the product, according to the General Sales Conditions
Product Cost: the consideration for the purchase of the Product, excluding Accessory Costs
Accessory Costs: those indicated in Article 7, different from the Product Cost
Total Product Price: the sum of the Product Cost and the Accessory Costs
Site: the Seller's website www.rifleo.it, www.rifleo.glass, www.rifleo.co.uk
Professional: subject who acts for purposes related to a professional or business activity pursuant to and for the effects of the Consumer Code
Consumer: pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, a natural person who acts for purposes unrelated to the entrepreneurial, commercial, professional and/or artisanal activity eventually carried out
Consumer Code: Legislative Decree no. 206 of 6 September 2005
Article 1 - Identification of the Seller
The Products and/or services purchased on the Site are offered for sale and therefore sold by the Seller. The Products, where indicated on the product description page and/or in the Product Technical Sheet, may be produced by a subject other than the Seller, i.e. by the Manufacturer.
Article 2 - Object
The General Sales Conditions define the methods and terms of the sale of the Products indicated on the Site and sold by the Seller through its own commercial brand and/or other brands, depending on whether the Product has been produced and marketed, or only marketed, by the Seller.
For the description of the Products and their technical specifications, explicit reference is made only to the information published on the Site.
The Contract includes exclusively what is indicated in the online purchase Order.
For the detailed description of the product, reference is made to the product page on the Site. Therefore, the characteristics of the Product are those described on the Site page dedicated to the individual Product.
On websites accessible via links on the Site (e.g. banners, links, other hypertext links), the Seller does not carry out, nor is authorized to carry out, any control and/or monitoring. The Seller cannot therefore be held responsible for the content of such sites nor for any errors and/or omissions and/or violations of the law by them.
The description of each Product may be accompanied on the Site by a Technical Sheet illustrating its main characteristics based on the information provided by the manufacturers of the goods. The Seller reserves the right to unilaterally modify and publish modifications to the Technical Sheets made by the Manufacturer, without the need for any prior notice.
The Seller will do its best to ensure that the images of the Products published on the Site, accompanying the Technical Sheet of a Product, represent the Products on sale as faithfully as possible. However, the colors of the Products may differ from the real ones due to the settings of the computer systems or computers used by users for their visualization. The images in the Technical Sheet may also differ in size or in relation to any accessory products.
For the purposes of the purchase contract, the description of the Product contained in the Technical Sheet shall be binding.
SPECIFIC APPROVAL pursuant to and for the effects of Articles 1341 - 1342 of the Italian Civil Code.
Article 3 - Registration of the Customer on the Site
The offer and sale of Products on the Site constitute a distance contract governed by Legislative Decree 9 April 2003, n. 70 containing the regulation of electronic commerce (so-called "e-commerce"), by Articles 45 et seq. of Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and subsequent amendments, and the civil code.
In order to conclude a purchase Order, it is necessary for the Customer to register in the appropriate area on the Site beforehand. Upon successful registration, a personal account will be created, following the conclusion of the procedure for confirming the identification and identification of the Customer according to the methods unilaterally defined by the Seller. Registration on the Site is free. The Site also indicates the procedure for obtaining the cancellation of the account created by the Customer.
At the time of registration, the Customer must indicate whether he/she is acting as a Consumer or a Professional. The contractual rules set out in the General Sales Conditions must be interpreted and applied taking into account, in the various clauses that make up the aforementioned General Sales Conditions, depending on the nature of the Customer (Consumer or Professional). The insertion of the VAT number during the registration procedure is considered an indication of the purchase being made for purposes related to the business, commercial, artisanal, or professional activity carried out.
The Customer who has completed the registration procedure will receive an email, to the e-mail address indicated in the form, confirming the creation of the account, summarizing the Customer's registration data. The Customer is required to verify the correctness of the above-mentioned data and to immediately communicate any errors or changes.
The data contained in the registration form constitute an express declaration by the Customer regarding his/her identity and with respect to every element expressly indicated by the Customer that serves to identify him/her. Incomplete information provided by the Customer in filling out the form will prevent the conclusion of the registration procedure. The Customer, therefore, guarantees that the personal information provided during the registration procedure on the Site is complete and truthful and undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation and/or sanction resulting from and/or in any way connected to the violation by the Customer of the rules for registering on the Site or for storing registration credentials.
False information may be evaluated for the purposes of Article 494 of the Criminal Code and therefore reported to the Judicial Authority.
SPECIFIC APPROVAL pursuant to and for the effects of Articles 1341 - 1342 of the Italian Civil Code.
Article 4 - Purchase Order
The purchase of Products on the Site is only allowed to individuals who have reached the legal age of majority.
The Customer is required to carefully read these General Terms and Conditions of Sale, which can be stored and reproduced, as well as all other information provided by the Seller on the Site, both prior and during the purchase process.
The applicable General Terms and Conditions of Sale are those in force at the time of transmission of the purchase order. They may be unilaterally modified at any time by the Seller; any modifications and/or new conditions will apply from the moment of their publication on the Site. Each individual Contract will be governed by the general terms and conditions of sale in force at the time of the purchase order.
Orders are considered concluded, and therefore also for the purposes of the effectiveness of the General Terms and Conditions of Sale, only upon completion of the internal procedure on the Site which, through a determined succession of activities involving completion of the elements that make up the Order by the Customer, including but not limited to, insertion of the Customer's data, selection of the chosen characteristics of the Product, payment terms and conditions, delivery costs and times, if expressly provided for by the individual Product, approval of the General Terms and Conditions of Sale, also pursuant to Articles 1341-1342 of the Civil Code, define and complete the purchase order.
Failure to complete the procedure therefore prevents the formation of the Order, which will therefore be deemed invalid and ineffective.
By placing a purchase order, the Customer declares to have read and accepted the General Terms and Conditions of Sale, available at the time of purchase, including the economic and payment conditions as set out below, and further confirms to have read and accepted the privacy policy and cookie policy.
The General Terms and Conditions of Sale will be accepted, in the form of a checkmark, during the online purchase procedure, as well as the clauses that require specific approval pursuant to Articles 1341 and following of the Civil Code.
During the execution of the Contract, the Customer may not object to or make reservations based on facts, circumstances and/or conditions that depend directly or indirectly on the lack of knowledge of what is provided for in these General Terms and Conditions of Sale.
The Customer acknowledges that there may be limits on the purchase of Products, for example in relation to Products on promotion which will be expressly indicated as "limited offer" (or synonyms), which may be subject to a daily purchase limit for each Customer.
SPECIFIC APPROVAL pursuant to Articles 1341-1342 of the Civil Code.
Article 5 - Order Confirmation
Upon completion of the procedure and therefore the submission of the Order by the Customer, the Seller will send to the email address provided by the Customer a confirmation of receipt of the Order containing the data transmitted by the Customer with the purchase order.
The Seller, if at its sole discretion it deems necessary to acquire documents from the Customer to identify them or to clarify the Order placed, will proceed to send, with the methods indicated above, an express request, which, if successfully fulfilled, the Seller will send the order confirmation.
A second email message, sent to the same address indicated in the first paragraph of this article, will indicate the Order Confirmation with the aforementioned data and will contain an "Order Code", to be referred to in all further communications between the Customer and the Seller.
The Order Confirmation will show the detailed composition of the Total Price of the Products.
The languages available to users for accessing the booking service are: Italian, English, and German. Customer service is able to communicate with customers in Italian and English.
Article 6 - Contractual Agreement
The Contract between the Seller and the Customer shall be deemed concluded upon the Customer's receipt of the Order Confirmation, and therefore once the procedure indicated in the above articles 4 and 5 has been fully completed, and once the Seller has received payment of the Total Price of the Product, to be made in the manner and terms set out in the subsequent Article 8.
Any term provided for in the Contract thus concluded shall be deemed to commence from the date of receipt of the Order Confirmation.
The Order Confirmation, if it concerns the purchase of multiple Products, may also be partial, and therefore limited to one or more Products, but not all.
The failure to confirm the Order, even partially, shall not entitle the Customer to any damages or compensation.
Article 7 - Product Cost
The Cost of each individual Product is indicated on the Site on the page dedicated to the specific Product and only concerns the consideration for the sale of the Product itself, VAT included.
The Product Cost does not include Accessory Costs relating to any customs duties and taxes, special packaging costs, transport costs, storage costs, or other costs that will be indicated in the Order and which will be borne by the Customer.
SPECIFIC APPROVAL pursuant to Articles 1341-1342 of the Civil Code.
Article 8 - Payment Methods
For the payment of purchases, the Customer can use the following methods:
Credit card circuits: VISA, MASTERCARD, VISA ELECTRON, and any others made available on the Site
PAYPAL circuit
Bank transfer
At the time of the Order, and with respect to each Product, the payment method chosen by the Seller will be indicated, at the Seller's sole discretion.
In order to ensure the security of payments made on the Site and prevent any fraud, the Seller reserves the right to request additional information from the Customer (e.g. telephone number, copy of a valid identity document front and back via email or fax). The email requesting such information will specify the deadline by which the document must be received by the Seller. This deadline will not, in any case, exceed 4 days.
The payment of the Total Price of the Product shall be deemed to have been made at the time when the Seller has actually received it.
Pursuant to art. 14 D.P.R. 445/2000 and DL 52/2004, for each purchase made on the Site, the Seller will issue an invoice for the Product, sending it by email to the order holder. For the issuance of the invoice, the information provided by the Customer at the time of registration pursuant to Article 3 shall be binding, and the Customer guarantees that it is true and accurate. No changes to the invoice will be possible after its issuance.
Paypal
The payment of Products purchased on the Site can be made using the PayPal payment solution, based on the terms and conditions of the contract agreed between the Customer and PayPal. In the case of payment by PayPal, the amount relating to the purchase made will be debited by PayPal immediately upon execution of the payment.
The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller.
Bank Transfer
In the event that the Customer chooses bank transfer as the payment method, or if this method is the only one available for the Product, the bank details for the transfer will be provided on the order confirmation page, along with the confirmation email.
Payment for Products by bank transfer must be made within 7 working days from the date of receipt of the "bank details communication" email. If this deadline expires without payment, the contract shall be deemed not concluded and shall be resolved in accordance with Article 1456 of the Civil Code.
In the case of payment by bank transfer in advance, the delivery times will run from the date of receipt of the transfer by the Seller.
The transfer description must indicate: order number, name, and surname of the order holder.
SPECIFIC APPROVAL pursuant to Articles 1341-1342 of the Civil Code.
Article 9 - Product Delivery and Integrity
Upon delivery to the carrier, the Seller shall be released from any obligations related to transportation. The delivery of the goods to the Customer shall be carried out at the place indicated in the Order Confirmation. The Customer undertakes to verify that the goods correspond to what was ordered. The Customer shall also verify that the goods are in perfect condition and suitable for the use that the product is intended for by nature and as indicated in the Technical Data Sheet.
The Customer acknowledges that the withdrawal of the product is his/her precise obligation arising from the purchase contract. In the event of non-delivery to the designated address provided in the order form due to the recipient's absence, after two successful delivery attempts, the package will be "held" at the location indicated by the carrier. In case of failure to withdraw the Product from storage within five working days from the day following the one on which the carrier left the delivery notice, any further costs imposed by the carrier for subsequent delivery attempts or for late delivery, as well as for storage, shall be borne exclusively by the Customer who will be responsible for any related costs imposed by the carrier itself, and the Customer shall have no right, claim, or dispute against the Seller.
In the event that the purchased product is not delivered or is delivered late compared to the delivery terms indicated during the purchase process and in the Confirmation email, the Customer, pursuant to art. 61 of the Consumer Code, shall invite the Seller to make the delivery within an appropriate additional period under the circumstances.
SPECIFIC APPROVAL under articles 1341-1342 of the Italian Civil Code.
Article 10 - Right of Withdrawal
The right of withdrawal under Legislative Decree no. 206/2005 is excluded pursuant to article 59 of Legislative Decree no. 206/2005, as the goods are customized and made to measure.
The Customer is informed of the customization of the product and the exclusion of the right of withdrawal.
The right of withdrawal is also excluded for purchases made by resellers and companies, and by individuals or legal entities acting for purposes related to a professional or business activity.
In all cases where the exclusions of the right of withdrawal indicated above do not apply, pursuant to articles 52 et seq. of the Consumer Code, the Consumer Customer shall have the right to withdraw from the purchase contract of the Product, without incurring any further charges other than the Accessory Costs.
The exercise of the right of withdrawal and therefore the return of the goods to the Seller must take place within 14 days from:
the date of delivery of the Product/s;
the date of delivery of the last Product in case of an order containing multiple lots shipped separately.
In case of withdrawal pursuant to the preceding period, the Customer shall be entitled to a refund of the Cost of the Product.
SPECIFIC APPROVAL under articles 1341-1342 of the Italian Civil Code.
Article 11 - Warranty for Defects
The duration of the warranty, in the event that the Customer is a Consumer under the Consumer Code, is limited to 24 months from the date of delivery, while it is 12 months if the Customer is a Professional.
The warranty is limited to any conformity defects existing at the time of delivery of the Product and which manifest within the period of effectiveness of the warranty starting from delivery. The conformity defect must be reported to the Seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered.
A conformity defect means the case in which the Product does not conform to the description provided by the Seller and/or does not possess the qualities of the Product indicated on the Site.
The legal warranty is reserved for Consumers and is applicable only if the goods are used with normal diligence and under normal conditions by the buyer. Therefore, the Seller declines any responsibility for defects if the goods are subjected to conditions of heating, humidity, exposure to atmospheric factors such as, for example, sunlight or abnormal environments. The warranty provided herein is not applicable in case of deterioration of the goods caused by causes external to the intrinsic quality of the product. Any defects and/or faults caused by accidental events or the responsibility of the Customer or by use of the Product not in conformity with its intended use and/or as indicated in the Technical Data Sheet of the Product are also excluded from the scope of the legal warranty.
The warranty does not cover the consequences due to the normal wear and tear of the product. In particular, the following are not covered by the warranty: discoloration of materials due to light or other atmospheric factors or rubbing; deterioration due to accidents such as, for example, stains, burns, scratches, cuts, etc.; deterioration caused by the use of products unsuitable for cleaning the product, not indicated or recommended by the Seller.
The Seller cannot be held responsible, to the extent permitted by law, in case the delivered product does not comply with the legislation of the country of delivery other than Italy; nor in case of non-substantial differences between the purchased goods and their illustrative images and text descriptions published on the Site and therefore also in the Technical Data Sheet of the Product.
The warranty is deemed excluded: (i) if the Consumer is aware of the defect; (ii) if the defect is ascertainable by the Consumer with ordinary diligence; (iii) if the defect of conformity derives from instructions or materials provided by the Consumer.
The Seller is not responsible for public statements if it demonstrates that: it was not aware of the manufacturer's statement and could not have known it with ordinary diligence; the statement had been adequately corrected before the conclusion of the Contract so as to be known to the Consumer; the decision to purchase the consumer good was not influenced by the statement.
If the Customer does not have the quality of Consumer, Legislative Decree no. 206/2005 and subsequent amendments will not apply, and the rules provided by the Italian Civil Code will be applicable. Notwithstanding the exclusions above, if the Customer does not have the quality of Consumer, the warranty due by the Seller has a duration of one year.
In case of duly reported and proven non-conformity, the Customer is entitled to:
the free repair or replacement of the goods, at their choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other;
in case repair or replacement is impossible or excessively burdensome, or if they have not been carried out within a reasonable time or if they have caused significant inconvenience to the Customer, to a reduction of the price or to the termination of the contract, at their choice.
The requested remedy is considered excessively burdensome if it imposes unreasonable costs on the Seller compared to the alternative remedies that can be carried out, taking into account i) the value that the good would have if there were no non-conformity; ii) the extent of the non-conformity; iii) the possibility that the alternative remedy can be carried out without significant inconvenience to the Customer.
The products sold on the Website may be covered by a Manufacturer's warranty, if different from the Seller. In this case, the Customer can only enforce this warranty against the Manufacturer. The conditions of application of the warranty referred to in this paragraph depend on the individual Manufacturer and are indicated in the so-called warranty certificate contained in the Product's package.
Any conventional warranty issued by the Manufacturer is voluntary and does not add, replace, limit, prejudice or exclude the legal warranty. In no case may the Customer enforce the conventional warranty issued by the Manufacturer against the Seller.
SPECIFIC APPROVAL pursuant to and for the effects of Articles 1341 - 1342 of the Italian Civil Code.
Article 12 - Contract Termination
Pursuant to art. 61, paragraph iv of the Consumer Code, the Customer may immediately terminate the contract without granting any additional term if:
the Seller has expressly refused to deliver the Products;
the compliance with the delivery term indicated during the purchase process and in the "Order Registration Confirmation" email must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;
the Customer informed the Seller, before the conclusion of the contract, that delivery by a certain date is essential.
The Customer must communicate the termination to the Seller using the methods specified in the following article 16 (Communications), and the Seller shall be obliged to refund the Customer, without delay, the Cost of the Product, if already paid, or may not request payment if not yet paid.
SPECIFIC APPROVAL pursuant to and for the purposes of Articles 1341 - 1342 of the Italian Civil Code.
Article 13 - Delayed Delivery
The Seller undertakes to promptly notify the Customer by e-mail of any delay in delivery, indicating at the same time the new delivery date, if available, which must be accepted by the Customer via e-mail. In case of delivery with a delay equal to or greater than 90 days, the Seller also undertakes to refund the delivery expenses to the Customer who requests it within 10 days from the request, or alternatively, to provide the Customer with a discount voucher equal to the value of the delivery expenses paid by the Customer, valid for use on the Site within 3 months.
SPECIFIC APPROVAL pursuant to and for the purposes of Articles 1341 - 1342 of the Italian Civil Code.
Article 14 - Force Majeure
For the purposes of the Contract, events of force majeure are understood to mean all those events and circumstances that (i) could not have been foreseen by the Party that has been affected by them, and (ii) have had the effect of making it impossible or unlawful for such Party to perform its obligations in whole or in part in accordance with the provisions of the Contract ("Force Majeure").
The following events constitute, by way of example and not exhaustive, causes of Force Majeure:
(i) wars, revolutions, riots, invasions, armed conflicts, acts of terrorism or sabotage, epidemics, and pandemics;
(ii) national or local strikes or occupations of sites related to national or local category protests;
(iii) earthquakes, hurricanes or floods, and in general other atmospheric events provided they are such as to make it materially impossible to perform the obligations;
(iv) measures of the administrative or judicial authority, not due to the fact or omission or other circumstance falling within the responsibility of the Party invoking Force Majeure, which prevent and/or delay, in whole or in part, the execution of the Contract;
In the event of a cause of Force Majeure, the Party affected by such event shall not be considered in breach of contract to the extent that performance of the obligation is prevented or delayed.
If a Party is prevented or delayed in the performance of any of the obligations arising from the Contract due to the occurrence of a cause of Force Majeure, it shall notify the other Party of the circumstances constituting the cause of Force Majeure and the obligations whose performance is prevented or delayed due to such event.
The affected Party shall in any case make every reasonable effort to limit, in accordance with the Rules of Good Performance, the effects of the cause of Force Majeure on the performance due under the Contract.
The events provided for in this article may be referred to both the Parties, the Carrier, and the Manufacturer.
Article 15 - Integrity of the Contract
These General Conditions of Sale constitute the entirety of the parties' obligations. No other general or specific condition communicated by the Customer may be included or deviate from the General Conditions of Sale.
Article 16 - Communications
All communications with the Seller must be made by registered mail with return receipt to the address Via per Azzano S. Paolo 26/28 in Grassobbio (Bg) CAP 24050, or to the certified email address.
The Parties expressly acknowledge that the email address indicated by the Customer in the registration form is equivalent to the choice of domicile, also for all purposes pursuant to Article 1335 of the Italian Civil Code.
APPROVAL SPECIFIC to the effects of Articles 1341-1342 of the Italian Civil Code.
Article 17 - Intellectual and Industrial Property Rights
The Seller informs that the Website, as well as all trademarks and distinctive logos used in connection with the sale of the offered products, are protected by intellectual and industrial property rights and any reproduction, communication, distribution, publication, alteration, or transformation in any form and for any purpose is prohibited. The Seller reserves the right to take legal action to protect its trademarks and distinctive signs, and the Customer does not acquire any right to them as a result of the conclusion of the Contract.
Article 18 - Applicable Law and Competent Court
These General Terms and Conditions of Sale are governed by Italian law. If the Customer is a consumer, the competent court will be the court of the Customer's domicile, without prejudice to a different written agreement subsequent to the arising of the dispute. If the Customer is a professional or company, the exclusive jurisdiction will be that of the Court of Bergamo.
SPECIFIC APPROVAL pursuant to and for the purposes of Articles 1341-1342 of the Italian Civil Code.
Seller: Vetrarte S.r.l., with registered office at Via per Azzano S. Paolo 26/28 in Grassobbio (Bg) CAP 24050, VAT number 02676600162, Fiscal Code 02676600162, pec vetrarte@pec.it, registered with the Companies Register of Bergamo under no. 313983, as seller of the Products and, where expressly indicated on the Product Sheet, as Manufacturer.
Customer: the purchaser of the Product/s who registers on the Site and purchases the same
Contracting Parties/Parties: the Seller and the Customer
Product/s: the goods indicated as for sale on the Site, object of the Sales Contract between the Customer and the Seller. They are custom-made and personalized products.
Technical Sheet: indicates the description of the Product, its characteristics, intrinsic and/or extrinsic to the Product that are relevant for the sale. It also indicates the identity of the Manufacturer
Manufacturer: the natural or legal person who owns the business that produces, manufactures, designs, and who may be the holder of the patent, invention, process, model or other, concerning the Product
Order/s: the outcome of the online purchase procedure
General Sales Conditions: these provisions
Contract: the agreement between the Parties relating to the sale of the product, according to the General Sales Conditions
Product Cost: the consideration for the purchase of the Product, excluding Accessory Costs
Accessory Costs: those indicated in Article 7, different from the Product Cost
Total Product Price: the sum of the Product Cost and the Accessory Costs
Site: the Seller's website www.rifleo.it, www.rifleo.glass, www.rifleo.co.uk
Professional: subject who acts for purposes related to a professional or business activity pursuant to and for the effects of the Consumer Code
Consumer: pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, a natural person who acts for purposes unrelated to the entrepreneurial, commercial, professional and/or artisanal activity eventually carried out
Consumer Code: Legislative Decree no. 206 of 6 September 2005
Article 1 - Identification of the Seller
The Products and/or services purchased on the Site are offered for sale and therefore sold by the Seller. The Products, where indicated on the product description page and/or in the Product Technical Sheet, may be produced by a subject other than the Seller, i.e. by the Manufacturer.
Article 2 - Object
The General Sales Conditions define the methods and terms of the sale of the Products indicated on the Site and sold by the Seller through its own commercial brand and/or other brands, depending on whether the Product has been produced and marketed, or only marketed, by the Seller.
For the description of the Products and their technical specifications, explicit reference is made only to the information published on the Site.
The Contract includes exclusively what is indicated in the online purchase Order.
For the detailed description of the product, reference is made to the product page on the Site. Therefore, the characteristics of the Product are those described on the Site page dedicated to the individual Product.
On websites accessible via links on the Site (e.g. banners, links, other hypertext links), the Seller does not carry out, nor is authorized to carry out, any control and/or monitoring. The Seller cannot therefore be held responsible for the content of such sites nor for any errors and/or omissions and/or violations of the law by them.
The description of each Product may be accompanied on the Site by a Technical Sheet illustrating its main characteristics based on the information provided by the manufacturers of the goods. The Seller reserves the right to unilaterally modify and publish modifications to the Technical Sheets made by the Manufacturer, without the need for any prior notice.
The Seller will do its best to ensure that the images of the Products published on the Site, accompanying the Technical Sheet of a Product, represent the Products on sale as faithfully as possible. However, the colors of the Products may differ from the real ones due to the settings of the computer systems or computers used by users for their visualization. The images in the Technical Sheet may also differ in size or in relation to any accessory products.
For the purposes of the purchase contract, the description of the Product contained in the Technical Sheet shall be binding.
SPECIFIC APPROVAL pursuant to and for the effects of Articles 1341 - 1342 of the Italian Civil Code.
Article 3 - Registration of the Customer on the Site
The offer and sale of Products on the Site constitute a distance contract governed by Legislative Decree 9 April 2003, n. 70 containing the regulation of electronic commerce (so-called "e-commerce"), by Articles 45 et seq. of Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and subsequent amendments, and the civil code.
In order to conclude a purchase Order, it is necessary for the Customer to register in the appropriate area on the Site beforehand. Upon successful registration, a personal account will be created, following the conclusion of the procedure for confirming the identification and identification of the Customer according to the methods unilaterally defined by the Seller. Registration on the Site is free. The Site also indicates the procedure for obtaining the cancellation of the account created by the Customer.
At the time of registration, the Customer must indicate whether he/she is acting as a Consumer or a Professional. The contractual rules set out in the General Sales Conditions must be interpreted and applied taking into account, in the various clauses that make up the aforementioned General Sales Conditions, depending on the nature of the Customer (Consumer or Professional). The insertion of the VAT number during the registration procedure is considered an indication of the purchase being made for purposes related to the business, commercial, artisanal, or professional activity carried out.
The Customer who has completed the registration procedure will receive an email, to the e-mail address indicated in the form, confirming the creation of the account, summarizing the Customer's registration data. The Customer is required to verify the correctness of the above-mentioned data and to immediately communicate any errors or changes.
The data contained in the registration form constitute an express declaration by the Customer regarding his/her identity and with respect to every element expressly indicated by the Customer that serves to identify him/her. Incomplete information provided by the Customer in filling out the form will prevent the conclusion of the registration procedure. The Customer, therefore, guarantees that the personal information provided during the registration procedure on the Site is complete and truthful and undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation and/or sanction resulting from and/or in any way connected to the violation by the Customer of the rules for registering on the Site or for storing registration credentials.
False information may be evaluated for the purposes of Article 494 of the Criminal Code and therefore reported to the Judicial Authority.
SPECIFIC APPROVAL pursuant to and for the effects of Articles 1341 - 1342 of the Italian Civil Code.
Article 4 - Purchase Order
The purchase of Products on the Site is only allowed to individuals who have reached the legal age of majority.
The Customer is required to carefully read these General Terms and Conditions of Sale, which can be stored and reproduced, as well as all other information provided by the Seller on the Site, both prior and during the purchase process.
The applicable General Terms and Conditions of Sale are those in force at the time of transmission of the purchase order. They may be unilaterally modified at any time by the Seller; any modifications and/or new conditions will apply from the moment of their publication on the Site. Each individual Contract will be governed by the general terms and conditions of sale in force at the time of the purchase order.
Orders are considered concluded, and therefore also for the purposes of the effectiveness of the General Terms and Conditions of Sale, only upon completion of the internal procedure on the Site which, through a determined succession of activities involving completion of the elements that make up the Order by the Customer, including but not limited to, insertion of the Customer's data, selection of the chosen characteristics of the Product, payment terms and conditions, delivery costs and times, if expressly provided for by the individual Product, approval of the General Terms and Conditions of Sale, also pursuant to Articles 1341-1342 of the Civil Code, define and complete the purchase order.
Failure to complete the procedure therefore prevents the formation of the Order, which will therefore be deemed invalid and ineffective.
By placing a purchase order, the Customer declares to have read and accepted the General Terms and Conditions of Sale, available at the time of purchase, including the economic and payment conditions as set out below, and further confirms to have read and accepted the privacy policy and cookie policy.
The General Terms and Conditions of Sale will be accepted, in the form of a checkmark, during the online purchase procedure, as well as the clauses that require specific approval pursuant to Articles 1341 and following of the Civil Code.
During the execution of the Contract, the Customer may not object to or make reservations based on facts, circumstances and/or conditions that depend directly or indirectly on the lack of knowledge of what is provided for in these General Terms and Conditions of Sale.
The Customer acknowledges that there may be limits on the purchase of Products, for example in relation to Products on promotion which will be expressly indicated as "limited offer" (or synonyms), which may be subject to a daily purchase limit for each Customer.
SPECIFIC APPROVAL pursuant to Articles 1341-1342 of the Civil Code.
Article 5 - Order Confirmation
Upon completion of the procedure and therefore the submission of the Order by the Customer, the Seller will send to the email address provided by the Customer a confirmation of receipt of the Order containing the data transmitted by the Customer with the purchase order.
The Seller, if at its sole discretion it deems necessary to acquire documents from the Customer to identify them or to clarify the Order placed, will proceed to send, with the methods indicated above, an express request, which, if successfully fulfilled, the Seller will send the order confirmation.
A second email message, sent to the same address indicated in the first paragraph of this article, will indicate the Order Confirmation with the aforementioned data and will contain an "Order Code", to be referred to in all further communications between the Customer and the Seller.
The Order Confirmation will show the detailed composition of the Total Price of the Products.
The languages available to users for accessing the booking service are: Italian, English, and German. Customer service is able to communicate with customers in Italian and English.
Article 6 - Contractual Agreement
The Contract between the Seller and the Customer shall be deemed concluded upon the Customer's receipt of the Order Confirmation, and therefore once the procedure indicated in the above articles 4 and 5 has been fully completed, and once the Seller has received payment of the Total Price of the Product, to be made in the manner and terms set out in the subsequent Article 8.
Any term provided for in the Contract thus concluded shall be deemed to commence from the date of receipt of the Order Confirmation.
The Order Confirmation, if it concerns the purchase of multiple Products, may also be partial, and therefore limited to one or more Products, but not all.
The failure to confirm the Order, even partially, shall not entitle the Customer to any damages or compensation.
Article 7 - Product Cost
The Cost of each individual Product is indicated on the Site on the page dedicated to the specific Product and only concerns the consideration for the sale of the Product itself, VAT included.
The Product Cost does not include Accessory Costs relating to any customs duties and taxes, special packaging costs, transport costs, storage costs, or other costs that will be indicated in the Order and which will be borne by the Customer.
SPECIFIC APPROVAL pursuant to Articles 1341-1342 of the Civil Code.
Article 8 - Payment Methods
For the payment of purchases, the Customer can use the following methods:
Credit card circuits: VISA, MASTERCARD, VISA ELECTRON, and any others made available on the Site
PAYPAL circuit
Bank transfer
At the time of the Order, and with respect to each Product, the payment method chosen by the Seller will be indicated, at the Seller's sole discretion.
In order to ensure the security of payments made on the Site and prevent any fraud, the Seller reserves the right to request additional information from the Customer (e.g. telephone number, copy of a valid identity document front and back via email or fax). The email requesting such information will specify the deadline by which the document must be received by the Seller. This deadline will not, in any case, exceed 4 days.
The payment of the Total Price of the Product shall be deemed to have been made at the time when the Seller has actually received it.
Pursuant to art. 14 D.P.R. 445/2000 and DL 52/2004, for each purchase made on the Site, the Seller will issue an invoice for the Product, sending it by email to the order holder. For the issuance of the invoice, the information provided by the Customer at the time of registration pursuant to Article 3 shall be binding, and the Customer guarantees that it is true and accurate. No changes to the invoice will be possible after its issuance.
Paypal
The payment of Products purchased on the Site can be made using the PayPal payment solution, based on the terms and conditions of the contract agreed between the Customer and PayPal. In the case of payment by PayPal, the amount relating to the purchase made will be debited by PayPal immediately upon execution of the payment.
The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller.
Bank Transfer
In the event that the Customer chooses bank transfer as the payment method, or if this method is the only one available for the Product, the bank details for the transfer will be provided on the order confirmation page, along with the confirmation email.
Payment for Products by bank transfer must be made within 7 working days from the date of receipt of the "bank details communication" email. If this deadline expires without payment, the contract shall be deemed not concluded and shall be resolved in accordance with Article 1456 of the Civil Code.
In the case of payment by bank transfer in advance, the delivery times will run from the date of receipt of the transfer by the Seller.
The transfer description must indicate: order number, name, and surname of the order holder.
SPECIFIC APPROVAL pursuant to Articles 1341-1342 of the Civil Code.
Article 9 - Product Delivery and Integrity
Upon delivery to the carrier, the Seller shall be released from any obligations related to transportation. The delivery of the goods to the Customer shall be carried out at the place indicated in the Order Confirmation. The Customer undertakes to verify that the goods correspond to what was ordered. The Customer shall also verify that the goods are in perfect condition and suitable for the use that the product is intended for by nature and as indicated in the Technical Data Sheet.
The Customer acknowledges that the withdrawal of the product is his/her precise obligation arising from the purchase contract. In the event of non-delivery to the designated address provided in the order form due to the recipient's absence, after two successful delivery attempts, the package will be "held" at the location indicated by the carrier. In case of failure to withdraw the Product from storage within five working days from the day following the one on which the carrier left the delivery notice, any further costs imposed by the carrier for subsequent delivery attempts or for late delivery, as well as for storage, shall be borne exclusively by the Customer who will be responsible for any related costs imposed by the carrier itself, and the Customer shall have no right, claim, or dispute against the Seller.
In the event that the purchased product is not delivered or is delivered late compared to the delivery terms indicated during the purchase process and in the Confirmation email, the Customer, pursuant to art. 61 of the Consumer Code, shall invite the Seller to make the delivery within an appropriate additional period under the circumstances.
SPECIFIC APPROVAL under articles 1341-1342 of the Italian Civil Code.
Article 10 - Right of Withdrawal
The right of withdrawal under Legislative Decree no. 206/2005 is excluded pursuant to article 59 of Legislative Decree no. 206/2005, as the goods are customized and made to measure.
The Customer is informed of the customization of the product and the exclusion of the right of withdrawal.
The right of withdrawal is also excluded for purchases made by resellers and companies, and by individuals or legal entities acting for purposes related to a professional or business activity.
In all cases where the exclusions of the right of withdrawal indicated above do not apply, pursuant to articles 52 et seq. of the Consumer Code, the Consumer Customer shall have the right to withdraw from the purchase contract of the Product, without incurring any further charges other than the Accessory Costs.
The exercise of the right of withdrawal and therefore the return of the goods to the Seller must take place within 14 days from:
the date of delivery of the Product/s;
the date of delivery of the last Product in case of an order containing multiple lots shipped separately.
In case of withdrawal pursuant to the preceding period, the Customer shall be entitled to a refund of the Cost of the Product.
SPECIFIC APPROVAL under articles 1341-1342 of the Italian Civil Code.
Article 11 - Warranty for Defects
The duration of the warranty, in the event that the Customer is a Consumer under the Consumer Code, is limited to 24 months from the date of delivery, while it is 12 months if the Customer is a Professional.
The warranty is limited to any conformity defects existing at the time of delivery of the Product and which manifest within the period of effectiveness of the warranty starting from delivery. The conformity defect must be reported to the Seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered.
A conformity defect means the case in which the Product does not conform to the description provided by the Seller and/or does not possess the qualities of the Product indicated on the Site.
The legal warranty is reserved for Consumers and is applicable only if the goods are used with normal diligence and under normal conditions by the buyer. Therefore, the Seller declines any responsibility for defects if the goods are subjected to conditions of heating, humidity, exposure to atmospheric factors such as, for example, sunlight or abnormal environments. The warranty provided herein is not applicable in case of deterioration of the goods caused by causes external to the intrinsic quality of the product. Any defects and/or faults caused by accidental events or the responsibility of the Customer or by use of the Product not in conformity with its intended use and/or as indicated in the Technical Data Sheet of the Product are also excluded from the scope of the legal warranty.
The warranty does not cover the consequences due to the normal wear and tear of the product. In particular, the following are not covered by the warranty: discoloration of materials due to light or other atmospheric factors or rubbing; deterioration due to accidents such as, for example, stains, burns, scratches, cuts, etc.; deterioration caused by the use of products unsuitable for cleaning the product, not indicated or recommended by the Seller.
The Seller cannot be held responsible, to the extent permitted by law, in case the delivered product does not comply with the legislation of the country of delivery other than Italy; nor in case of non-substantial differences between the purchased goods and their illustrative images and text descriptions published on the Site and therefore also in the Technical Data Sheet of the Product.
The warranty is deemed excluded: (i) if the Consumer is aware of the defect; (ii) if the defect is ascertainable by the Consumer with ordinary diligence; (iii) if the defect of conformity derives from instructions or materials provided by the Consumer.
The Seller is not responsible for public statements if it demonstrates that: it was not aware of the manufacturer's statement and could not have known it with ordinary diligence; the statement had been adequately corrected before the conclusion of the Contract so as to be known to the Consumer; the decision to purchase the consumer good was not influenced by the statement.
If the Customer does not have the quality of Consumer, Legislative Decree no. 206/2005 and subsequent amendments will not apply, and the rules provided by the Italian Civil Code will be applicable. Notwithstanding the exclusions above, if the Customer does not have the quality of Consumer, the warranty due by the Seller has a duration of one year.
In case of duly reported and proven non-conformity, the Customer is entitled to:
the free repair or replacement of the goods, at their choice, unless the requested remedy is objectively impossible or excessively burdensome compared to the other;
in case repair or replacement is impossible or excessively burdensome, or if they have not been carried out within a reasonable time or if they have caused significant inconvenience to the Customer, to a reduction of the price or to the termination of the contract, at their choice.
The requested remedy is considered excessively burdensome if it imposes unreasonable costs on the Seller compared to the alternative remedies that can be carried out, taking into account i) the value that the good would have if there were no non-conformity; ii) the extent of the non-conformity; iii) the possibility that the alternative remedy can be carried out without significant inconvenience to the Customer.
The products sold on the Website may be covered by a Manufacturer's warranty, if different from the Seller. In this case, the Customer can only enforce this warranty against the Manufacturer. The conditions of application of the warranty referred to in this paragraph depend on the individual Manufacturer and are indicated in the so-called warranty certificate contained in the Product's package.
Any conventional warranty issued by the Manufacturer is voluntary and does not add, replace, limit, prejudice or exclude the legal warranty. In no case may the Customer enforce the conventional warranty issued by the Manufacturer against the Seller.
SPECIFIC APPROVAL pursuant to and for the effects of Articles 1341 - 1342 of the Italian Civil Code.
Article 12 - Contract Termination
Pursuant to art. 61, paragraph iv of the Consumer Code, the Customer may immediately terminate the contract without granting any additional term if:
the Seller has expressly refused to deliver the Products;
the compliance with the delivery term indicated during the purchase process and in the "Order Registration Confirmation" email must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract;
the Customer informed the Seller, before the conclusion of the contract, that delivery by a certain date is essential.
The Customer must communicate the termination to the Seller using the methods specified in the following article 16 (Communications), and the Seller shall be obliged to refund the Customer, without delay, the Cost of the Product, if already paid, or may not request payment if not yet paid.
SPECIFIC APPROVAL pursuant to and for the purposes of Articles 1341 - 1342 of the Italian Civil Code.
Article 13 - Delayed Delivery
The Seller undertakes to promptly notify the Customer by e-mail of any delay in delivery, indicating at the same time the new delivery date, if available, which must be accepted by the Customer via e-mail. In case of delivery with a delay equal to or greater than 90 days, the Seller also undertakes to refund the delivery expenses to the Customer who requests it within 10 days from the request, or alternatively, to provide the Customer with a discount voucher equal to the value of the delivery expenses paid by the Customer, valid for use on the Site within 3 months.
SPECIFIC APPROVAL pursuant to and for the purposes of Articles 1341 - 1342 of the Italian Civil Code.
Article 14 - Force Majeure
For the purposes of the Contract, events of force majeure are understood to mean all those events and circumstances that (i) could not have been foreseen by the Party that has been affected by them, and (ii) have had the effect of making it impossible or unlawful for such Party to perform its obligations in whole or in part in accordance with the provisions of the Contract ("Force Majeure").
The following events constitute, by way of example and not exhaustive, causes of Force Majeure:
(i) wars, revolutions, riots, invasions, armed conflicts, acts of terrorism or sabotage, epidemics, and pandemics;
(ii) national or local strikes or occupations of sites related to national or local category protests;
(iii) earthquakes, hurricanes or floods, and in general other atmospheric events provided they are such as to make it materially impossible to perform the obligations;
(iv) measures of the administrative or judicial authority, not due to the fact or omission or other circumstance falling within the responsibility of the Party invoking Force Majeure, which prevent and/or delay, in whole or in part, the execution of the Contract;
In the event of a cause of Force Majeure, the Party affected by such event shall not be considered in breach of contract to the extent that performance of the obligation is prevented or delayed.
If a Party is prevented or delayed in the performance of any of the obligations arising from the Contract due to the occurrence of a cause of Force Majeure, it shall notify the other Party of the circumstances constituting the cause of Force Majeure and the obligations whose performance is prevented or delayed due to such event.
The affected Party shall in any case make every reasonable effort to limit, in accordance with the Rules of Good Performance, the effects of the cause of Force Majeure on the performance due under the Contract.
The events provided for in this article may be referred to both the Parties, the Carrier, and the Manufacturer.
Article 15 - Integrity of the Contract
These General Conditions of Sale constitute the entirety of the parties' obligations. No other general or specific condition communicated by the Customer may be included or deviate from the General Conditions of Sale.
Article 16 - Communications
All communications with the Seller must be made by registered mail with return receipt to the address Via per Azzano S. Paolo 26/28 in Grassobbio (Bg) CAP 24050, or to the certified email address.
The Parties expressly acknowledge that the email address indicated by the Customer in the registration form is equivalent to the choice of domicile, also for all purposes pursuant to Article 1335 of the Italian Civil Code.
APPROVAL SPECIFIC to the effects of Articles 1341-1342 of the Italian Civil Code.
Article 17 - Intellectual and Industrial Property Rights
The Seller informs that the Website, as well as all trademarks and distinctive logos used in connection with the sale of the offered products, are protected by intellectual and industrial property rights and any reproduction, communication, distribution, publication, alteration, or transformation in any form and for any purpose is prohibited. The Seller reserves the right to take legal action to protect its trademarks and distinctive signs, and the Customer does not acquire any right to them as a result of the conclusion of the Contract.
Article 18 - Applicable Law and Competent Court
These General Terms and Conditions of Sale are governed by Italian law. If the Customer is a consumer, the competent court will be the court of the Customer's domicile, without prejudice to a different written agreement subsequent to the arising of the dispute. If the Customer is a professional or company, the exclusive jurisdiction will be that of the Court of Bergamo.
SPECIFIC APPROVAL pursuant to and for the purposes of Articles 1341-1342 of the Italian Civil Code.