Terms of Use

Preamble

The Seller pays particular attention to the needs and expectations of users of this e-commerce Website and hopes they are always satisfied with purchases made through this portal. For this reason, through these General Terms and Conditions of Sale (GTC), the Seller provides appropriate information concerning all aspects governing the purchase—by telematic means—of the products presented on the Website, in compliance with Legislative Decree of 6/9/2005, No. 206 (“Consumer Code”), as amended by Legislative Decree of 21/2/2014, No. 21, implementing EU Directive 2011/83/EU, which in turn amended EU Directives 93/13/EEC and 1999/44/EC and repealed EU Directives 85/577/EEC and 97/7/EC. These GTC therefore form an integral and essential part of the Purchase Agreement for any Goods purchased through this Website, and the submission of an Order by the Customer implies acceptance thereof. Accordingly, when placing an order to purchase a Good through the Website, the Customer agrees to these GTC and declares that they consent to be legally bound by the terms and conditions set out below.

1. Definitions

Company: the company that owns the domain name of this Website and operates the e-commerce platform running on the Website, accessible through it. Seller: the third-party legal entity, independent from the Company, clearly identified on the Website and within the Platform, that uses the Website and the domain name granted for use by the Company, and that offers the Good for sale to the public through the Platform. The Seller is therefore solely responsible for the proper performance of the sale of the Good to the Customer and has declared that it is the lawful owner of the Good offered for sale, that the Good complies with current Italian and European regulations, and that it is authorized to conduct e-commerce activities. Website: this website on which the Platform operates. Platform: the e-commerce platform operating on the Website and accessible through it, through which the Seller is technically enabled to sell the Good. Access to the Platform is free for Customers and for any user in general. Good: the product and/or service offered for sale by the Seller through the Platform. Extra-large Good: a Good weighing more than 70 kg and/or bulky (i.e., exceeding 419 cm in girth: 2 × height + 2 × length). Customer: an adult natural person or a legal entity registered on the Website who, by submitting the Order, proposes to the Seller to purchase the Good through the Website and to pay the price via the Platform accessible through the Website itself. If the Customer is a consumer under Art. 3(1) of the Consumer Code, they are subject to all enhanced protections provided therein. Order: the proposal to purchase a Good submitted by the Customer to the Seller through the Website and the Platform, which the Seller may accept by giving specific notice to the Customer. Agreement: the contract of sale relating to a Good, which the Customer concludes directly with the Seller as a result of submitting the Order, receiving the Seller’s notice of acceptance, and paying the corresponding price. Consumer Code: Legislative Decree of 6/9/2005, No. 206. General Terms and Conditions of Sale (GTC): these contractual terms, published on this Website, which the Customer may consult at any time and print, governing the sale of the Good by the Seller to the Customer. Each purchase of Goods made through this Website and its e-commerce platform is governed by this document and constitutes a distance sale within the meaning of Arts. 51 et seq. of the Consumer Code. Purchase Voucher or coupon: a bearer instrument that may be purchased by the Customer on the Website through the Platform and downloaded and saved electronically and/or printed on paper, provided with a unique identification code, which entitles the Customer, for up to 90 (ninety) days from purchase, to buy goods or use services of their choice at the Seller’s physical premises or shop, for the consideration indicated on the voucher itself.

2. Procedure for purchasing the Good

The procedure for purchasing a Good consists of the following steps: 2.1. Customer identification: the Customer must register on this Website by entering their details (personal identification data, physical address and telephone number, and any other information that may be requested) and give the Company and the Seller valid consent to process such data and to communicate them to the carrier (courier) and to any third parties for the purposes set out in these General Terms and Conditions of Sale. Once registration has been completed, to proceed with the purchase the Customer must enter the access credentials (username and password) freely chosen during registration and complete the Order form relating to the selected Good. 2.2. Completing the Order form: the Customer must carefully read and complete the electronic Order form available on this Website. The Order form will clearly and comprehensibly indicate, before the Customer confirms it:
  1. the essential characteristics of the Good offered for sale by the Seller through the Platform;
  2. the Seller’s identification data and physical contact details (for a sole proprietorship, the trade name; for a company, the corporate name; the main office address and/or any secondary locations; telephone and fax numbers; email address; any specific contact for complaints; and the names of any points of contact);
  3. the quantity of the Good covered by the Order;
  4. the total price of the Good (including all applicable taxes and duties);
  5. the delivery charges for the Good (including any ancillary costs). In the case of Extra-large Goods, the detailed delivery charges may be communicated to the Customer at a later time, in accordance with the procedure set out in paragraph 2.8;
  6. the delivery method, address, and expected delivery date for the Good, in any case no later than 30 (thirty) days from the date the Agreement is concluded;
  7. a request for the Customer to read and accept the General Terms and Conditions of Sale;
  8. a request for the Customer to read and accept the conditions governing the right of withdrawal, as well as the methods, costs, and timelines for returning the Good and refunding the Price already paid (where applicable);
  9. any request to issue a commercial invoice;
  10. the total price of the Order (including taxes, duties, and shipping costs);
  11. the payment method chosen by the Customer from those expressly indicated on the Website and provided by the Platform;
  12. all information on any after-sales services or commercial warranties provided, including the legal guarantee 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 such right.
Upon completing the Order form, the Customer may, before submitting the Order, print it or save it electronically. 2.3. Submitting the Order form and paying the price: the Customer will submit the Order form using a point-and-click procedure, i.e., by selecting on the Website a virtual button clearly and legibly bearing the words “order and pay,” or another similar action implying the Customer’s explicit acknowledgment that submitting the Order entails an obligation to pay the price. Payment of the total Order price is an essential condition for the Agreement to be deemed concluded and for the order to be processed. Once the order has been submitted and the Price paid, the Customer will receive, within the strictly necessary technical time, by email, a notice confirming the Seller’s acceptance of the Order and payment of the price, containing a summary of the Order. Together with this notice, the Customer will receive a copy of the privacy notice (which the Customer may in any case consult at any time on this Website), information on how to exercise the right of withdrawal, if applicable, and the tracking code needed to monitor delivery of the Good via the carrier. If the Customer has requested to collect the Good directly from the Seller (“pick up in store” option), the tracking code will not be provided, and the different procedure set out in Art. 4 below will apply. 2.4. Conclusion of the Agreement: the contract between the Customer and the Seller is deemed concluded upon the Customer’s receipt of the Seller’s acceptance of the Order and payment of the corresponding price. 2.5. Storage of the Order: the Order form will be stored in the Platform’s database for the time necessary to execute it and, in any case, within statutory limits. 2.6. Refusal to execute the Order and refund of the Price: the Seller may refrain from executing the Order submitted by the Customer if the identification data entered by the Customer in the Order form are incomplete or incorrect. In such cases, the Customer will be informed, within the strictly necessary technical time, by email, of the reasons for the failure to conclude the Agreement and will receive a full refund of any Price already paid, in accordance with the timelines and methods set out in Art. 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 execution of the Order, contacting the Customer by email within 5 (five) business days following submission of the Order form. The Seller will provide the Customer with all information concerning the expected restocking and delivery times for the Good and may also offer a Good of equivalent characteristics and value to replace the unavailable Good. In such cases, the Customer has the right to withdraw from the Agreement and cancel the Order by rejecting the alternative proposal received from the Seller. If the Price has already been paid, the Customer will receive a full refund of the amounts paid in accordance with the timelines and methods set out in Art. 8 below. 2.8. Extra-large Good: if the order concerns a bulky item (Extra-large Good), the Order submitted by the Customer will be processed as a simple, no-cost reservation of the Extra-large Good by the Customer, and no price will be charged. Following the reservation, the Customer will receive, within the necessary technical time, an email containing a summary of the reservation of the Extra-large Good, expressly indicating that no Price has been charged. Within the next 5 (five) business days, the Customer will receive a second email confirming the actual availability of the Extra-large Good, the details of shipping and delivery costs, the total price of the Extra-large Good (including taxes), and a hyperlink (link) to the www.PayPal.it website, or the details for payment of the price by bank transfer, together with information on the courier appointed for delivery and any ancillary costs. The Customer must pay the Price within 2 (two) business days from receipt of this second notice, failing which the reservation and the Order will be cancelled.

3. Shipping and delivery of the Good

3.1. Unless otherwise agreed in writing between the Customer and the Seller, the Seller is obliged to deliver the Goods to the Customer without undue delay, and in any case no later than 30 (thirty) calendar days from the date the Agreement is concluded, as provided by Art. 61 of the Consumer Code. Any delivery charges for the Good are borne entirely by the Customer and vary depending on the weight and volume of the Good, the delivery location, and any ancillary services selected. Without prejudice to the case of Extra-large Goods, for which paragraph 2.8 applies, during the order-completion process and before the Customer submits the Order and the Agreement is concluded, the Customer will be informed, clearly and comprehensibly, of all shipping and delivery costs relating to the Good covered by the Order. If, in exceptional cases, it is not possible to calculate delivery charges in advance, the Customer will be clearly informed thereof before submitting the Order and concluding the Agreement. 3.2. The Good will be shipped by a carrier (courier) or, in any case, through a shipping company third-party to the Company and the Seller, which will be indicated on the Website and in the Platform when completing the Order and before its submission, together with the applicable transport conditions, unless different indications are communicated to the Customer in the Order Confirmation. By submitting the Order, the Customer declares that they have read and accepted such conditions. 3.3. Together with the Order Confirmation, the Customer will receive the delivery details and timelines for the Good, along with the tracking code that will allow the shipment status to be monitored. The Customer may check the shipment status of the Good:
  1. By logging into the “Account” reserved area;
  2. Directly on the carrier’s website.
3.4. The Good may be delivered throughout Italy to the address indicated by the Customer in the Order form. Shipments cannot be addressed to P.O. boxes or poste restante. If the Customer is unreachable for delivery of the Good, the Customer will have 30 (thirty) days to collect the Good at their own expense from the Seller’s physical premises. After this period, the Seller may retain the Good and the Customer will forfeit the right to a refund of the amounts paid. Upon delivery of the Good, the Customer must check its integrity and, in the event of defects, notify the Seller within 24 hours of receiving the parcel. 3.5. The delivery obligation is deemed fulfilled upon the transfer to the Customer of the material availability of or, in any case, control over the Good. If the obligation to deliver the Good is not fulfilled within the term referred to in paragraph 3.1, the Customer will be entitled to request that delivery be made within an additional period appropriate to the circumstances. Should such additional period expire without the Good having been delivered, the Customer will be entitled to terminate the Agreement. 3.6. The Customer is not required to grant the additional period referred to above if:
  1. the Seller has expressly refused to deliver the Good; or
  2. compliance with the delivery term agreed by the parties must be considered essential, taking into account all the circumstances surrounding conclusion of the contract; or
  3. before conclusion of the contract, the Customer informed the Seller in writing that delivery on or by a specific date is to be considered essential.
3.7. If the Customer does not receive the Good within the agreed term or within the term referred to in paragraph 3.1, the Customer has the right to terminate the contract, without prejudice to the right to compensation for damages. In such case, the Customer is entitled to a refund of all amounts paid in performance of the contract.

5. Seller’s warranties

5.1. The Seller is solely responsible for the performance of the sales contract for the Good concluded with the Customer. 5.2. The Seller owns the Good offered for sale and warrants its authenticity, lawful provenance, and conformity with the information published on the Platform. The images and colors of the Good may not fully correspond to reality; images are purely illustrative. 5.3. The Seller is responsible for the lawfulness and compliance of the Good offered for sale with current Italian and European regulations. 5.4. The Seller declares that it meets all requirements under current regulations, both with regard to authorizations for conducting commerce, including electronic commerce, and in relation to distance selling. 5.5. In the event of an established lack of conformity of the Good, within the time limits provided by current legislation, the Seller will restore conformity at no additional cost to the Customer.

6. Price and payment methods

6.1. The price of the Good is expressed in Euro and may vary and be updated over time. The sale price is the one indicated in the Order form and includes all applicable taxes and duties. The total Order price also includes delivery charges and any costs for ancillary services chosen by the Customer, duly itemized and detailed. 6.2. In the event of a material error in the price indication that is manifestly derisory compared to the value of the Good, the Seller has the right to correct it before delivery of the Good. If the Customer states that they do not accept the corrected price, the sales contract will be deemed terminated and the price, if already paid, will be refunded to the Customer. 6.3. To pay the total Order price, the Customer may select, when completing the Order, one of the following systems chosen by the Seller: bank transfer (IBAN indicated in the Order form) and/or PayPal. 6.4. If PayPal is selected, the Customer will be redirected to the online payment platform on the www.paypal.it website and must enter the data required to complete the transaction. This information will never be stored, not even temporarily, on the Platform and will be used solely to complete the purchase or to report any fraud committed on the Platform to law enforcement. 6.5. With regard to the payment system chosen by the Customer, neither the Company nor the Seller can be held liable for malfunctions or temporary unavailability of the payment platforms referred to in paragraph 6.4 above.

7. Right of withdrawal and return conditions

7.1. The Customer has the right to withdraw from the Agreement within 15 (fifteen) calendar days from the day the Good is received and to obtain a refund of the amount paid, without incurring any costs or penalties and without the need to specify the reason for withdrawal. The Good must be returned in its original packaging, unopened and undamaged. 7.2. In the case of multiple Goods, meaning those ordered by the Customer by means of a single order but delivered separately, the period 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 possibly appointed by the Customer) receives the last Good. 7.3. Any limitations to the right of withdrawal may be indicated in the Order form when completed by the Customer. 7.4. For proper handling of returns related to exercising the right of withdrawal, the Customer must, within the period indicated in paragraph 7.1, follow the procedure below:
  1. by sending to the Seller and, for information, to the Company, by separate registered letters with return receipt, within the period referred to in paragraph 7.1, the duly completed withdrawal form downloadable from this Website and compliant with Annex I, Part B, of the Consumer Code, as referred to in Art. 54 of the same Code;
  2. by sending to the Seller and, for information, to the Company, by separate registered letters with return receipt, within the period indicated in paragraph 7.1, an explicit written statement containing the declaration to withdraw from the Agreement.
7.6. Within 5 (five) business days of receiving the returned Good, the Seller will notify the Customer by email of acceptance of the return or of any anomalies with respect to these General Terms and Conditions of Sale. 7.7. If the right of withdrawal has been exercised in accordance with these conditions and within the prescribed terms, the Seller will issue a refund in the manner and within the time indicated in paragraph 8. 7.8. If the methods and deadlines for withdrawal are not met, the Customer will not be entitled to any refund. 7.9. If the Customer has purchased a coupon or purchase voucher, they are entitled to exercise the right of withdrawal within 15 (fifteen) calendar days from the day of receipt of the order confirmation email. 7.10. Unless the Seller has offered to collect the goods itself, the Customer must return the Good without undue delay and, in any case, within 15 (fifteen) calendar days from the date on which they notified the Seller and, where provided, the Company, of the decision to withdraw from the contract. This deadline is met if the Customer ships the goods before the expiration of the 15-day period. The cost of returning the Good is always borne by the Customer. 7.11. In accordance with Art. 58 of Legislative Decree 6/9/2005, No. 206 (Consumer Code), without prejudice to the provisions on consumer credit agreements, if the Customer exercises the right of withdrawal, any ancillary contracts are terminated by operation of law, without costs to the Customer, except for those provided for in Art. 56(2) and Art. 57 of the Consumer Code.

8. Refund methods

8.1. The Seller will refund all payments received from the Customer (including any delivery charges) as soon as possible and, in any case, 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 type of delivery different and more expensive than the least expensive type offered by the Seller and/or on the Platform as the standard delivery method, the additional costs due to the different type of delivery will not be refunded. 8.2. If the Seller fails to execute the Order, the Seller will refund all payments received from the Customer as soon as possible and, in any case, no later than 14 (fourteen) calendar days from the date on which the Seller informed the Customer of the unavailability of the Good or received the Customer’s refusal to accept a Good of equivalent characteristics and value to replace the unavailable one. 8.3. Pursuant to Art. 56(3) of the Consumer Code, the Seller may withhold the refund under this article until it has received the returned Good or until the Customer has provided proof of having shipped the Good back to the Seller, whichever occurs first.

9. Role of the Company

9.1. The Customer expressly acknowledges that the Company has no role in the sales contract and at no stage of it acts as the Seller. 9.2. The Customer expressly acknowledges that the Company has no role in verifying the lawful provenance of the Good and the compliance of the Good with current Italian and European regulations, nor in verifying its actual conformity with the information set out in the related product sheet, the preparation of which is the sole responsibility of the Seller. 9.3. The Seller is the only party authorized to manage activities related to logistics, payment validation, validation of return procedures referred to in Art. 8 above, replacement of the Good, and refund due to unavailability of the Good. 9.4. Any disputes, claims, or complaints regarding defects or non-conformities of the Goods must be addressed directly to the Seller.

10. Governing law and jurisdiction

10.1. The Agreement and these General Terms and Conditions of Sale are governed entirely by Italian law. For all disputes relating to the interpretation, termination, and performance of the Agreement and these General Terms and Conditions of Sale in which at least one Consumer is a party, exclusive territorial jurisdiction lies with the court of the Consumer’s place of residence or domicile, if located in the territory of the State.

11. Amendments to the general conditions

11.1. These General Terms and Conditions of Sale may be amended over time and in line with regulatory changes. 11.2. The new conditions will be effective from the date of publication on this Website.

12. Effectiveness of these conditions

12.1. The Company and the Seller do not warrant that the contents of the Website 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, if accepted, will not cause the invalidity, ineffectiveness, or nullity of the remaining clauses, which shall remain valid and effective.
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