The Seller pays particular attention to the needs and expectations of the users of this electronic commerce website and hopes that they will always be satisfied with the purchases made through this portal.
For this reason, through these General Sales Conditions (GSC), the Seller provides suitable information regarding all aspects governing the purchase of products presented on the Website, through telematic means, in compliance with Legislative Decree 6/9/2005, no. 206 (“Consumer Code”), as amended by Legislative Decree 21/2/2014, no. 21, implementing European Directive 2011/83/EU, which, in turn, amended the previous European directives 93/13/EEC and 1999/44/EC, repealing European directives 85/577/EEC and 97/7/EC.
Therefore, these GSC constitute an integral and essential part of the Contract for the purchase of any Goods made through this site, and the placement of an Order by the Customer implies acceptance thereof.
Hence, when placing an order to purchase a Good through the Website, the Customer adheres to these GSC and declares to agree to be legally bound by the terms and conditions stated below.
Company: refers to the company that owns the domain name of this Website and operates the electronic commerce platform accessible through it.
Seller: refers to the legally independent third-party entity, well identified on the Website and the Platform, which uses the Website and the domain name provided for use by the Company and offers the Good for sale to the public through the Platform.
Therefore, the Seller is solely responsible for the correct execution of the sale of the Good to the Customer. The Seller has declared to be the rightful owner of the Good offered for sale, that it complies with current Italian and European legislation, and to be authorized to engage in electronic commerce activities.
Website: refers to this internet site on which the Platform operates.
Platform: refers to the electronic 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 generally for any user.
Good: refers to the product and/or service offered for sale by the Seller through the Platform.
Extra Large Good: refers to the Good with a weight exceeding 70 kg and/or being bulky (i.e., exceeding 419 cm (2 x height + 2 x length)).
Customer: refers to the legal adult individual or legal entity registered on the Website, who, by placing the Order, proposes to the Seller to purchase the Good through the Website and to pay its price through the Platform accessible via the Website itself. If the Customer is a consumer within the meaning of Article 3, paragraph 1 of the Consumer Code (C.C.), the same is subject to all the protective provisions provided therein.
Order: refers to 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 providing appropriate communication to the Customer.
Contract: refers to the sales contract relating to a Good, which the Customer directly concludes with the Seller by placing the Order, its acceptance communication by the Seller, and the payment of the corresponding price.
Consumer Code (C.C.): refers to Legislative Decree 6/9/2005, no. 206.
General Sales Conditions (GSC): refer to these contractual conditions, published on this Website, which the Customer can consult and print a copy of at any time, and which concern the sale of the Good from the Seller to the Customer.
Every purchase of Goods made through this Website and the electronic commerce platform is regulated by this document and constitutes a distance sale within the meaning of Articles 51 et seq. of the Consumer Code.
Purchase Voucher or coupon: refers to an authorization document that can be purchased by the Customer on the Website through the Platform, downloaded and saved in electronic form and/or printed in paper form, endowed with a unique identification code, which grants the Customer, for a maximum period of 90 (ninety) days from the purchase, the right to purchase goods or avail services of their choice at the physical premises or store of the Seller, for a value indicated in the voucher itself.
2. PURCHASING PROCEDURE FOR THE GOODS
The process for purchasing a Good consists of the following steps:
2.1. Customer Identification: The Customer must register on this Website by providing their personal details (personal identification data, physical address, and telephone contact, and any other information requested) and grant the Company and the Seller valid consent for their processing and communication to the carrier (courier) and any third parties for the purposes outlined in these general sales conditions. Once registered, to proceed with the purchase, the Customer must enter their login credentials (username and password) freely chosen during registration and complete the Order form for the chosen Good.
2.2. Completion of the Order Form: The Customer must carefully read and complete the electronic Order form available on this Website. The Order form will provide, clearly and comprehensibly, before the Customer’s confirmation:
a) the essential characteristics of the Good offered for sale by the Seller through the Platform;
b) the identification details and physical addresses of the Seller (in the case of a sole proprietorship, trade name; in the case of a company, business name or corporate name; physical address of the main office and/or any secondary offices; telephone and fax contacts; email address; specific contact for complaints, names of any reference persons);
c) the quantity of the Good subject to the Order;
d) the total price of the Good (inclusive of all applicable taxes and fees);
e) the delivery charges for the Good (with any additional costs). In the case of Extra Large Goods, the detailed delivery charges may be communicated to the Customer at a later time, following the procedure indicated in paragraph 2.8.
f) the methods, address, and expected date of delivery of the Good, in any case not exceeding 30 (thirty) days from the date of conclusion of the Contract;
g) the request for acknowledgment and acceptance of the General Sales Conditions by the Customer;
h) the request for acknowledgment and acceptance of the conditions established for the exercise of the right of withdrawal by the Customer, as well as the methods, costs, and times for the return of the Good and the related refund of the Price already paid (where applicable);
i) any request for the issuance of a commercial invoice;
l) the total price of the Order (including taxes, fees, and shipping costs);
m) the payment method chosen by the Customer from those expressly indicated on the Website and provided by the Platform;
n) all information on any assistance services or commercial warranties provided, including the legal conformity guarantee of the Good, where applicable;
o) information regarding the possible existence of the right of withdrawal, including the conditions, terms, and procedures for exercising this right.
At the end of the Order form completion, before submitting the Order, the Customer may print or save it in electronic format.
2.3. Submission of the Order Form and Payment of the Price: The Customer will submit the Order form through a point-and-click method, or by selecting a virtual button on the Website clearly and legibly labeled “order and pay,” or other analogous action implying the explicit acknowledgment by the Customer that the submission of the Order implies the obligation, on their part, to make the payment of the price.
The payment of the total price of the Order is an essential condition for the Contract to be considered concluded and the order to be processed.
Once the order is submitted and the Price is paid, the Customer will receive, within the necessary technical time frame, via email, a communication confirming the acceptance of the Order by the Seller and the payment of the price, containing a summary of the contents of the Order.
Together with this communication, the Customer will receive a copy of the information regarding the processing of personal data (of which the Customer always has the possibility to view on this Website), information regarding the methods of exercising the right of withdrawal, if applicable, and the tracking code necessary to monitor the delivery of the Good via the carrier.
If the Customer has requested to pick up the Good directly from the Seller (option “pick up in-store”), the tracking code will not be provided, and a different procedure outlined in the subsequent article 4 will apply.
2.4. Conclusion of the Contract: The contract between the Customer and the Seller will be considered concluded upon the receipt, by the Customer, of the communication accepting the Order from the Seller and the payment of the corresponding price.
2.5. Archiving of the Order: The Order form will be archived in the Platform’s database for the time necessary for its execution and in any case within the legal time limits.
2.6. Refusal to Execute the Order and Price Refund: 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 necessary technical time frame, via email, of the reasons for the non-conclusion of the Contract, and will receive a full refund of any Price already paid in accordance with the times and methods outlined in the subsequent article 8.
2.7. Unavailability of the Good: If, for any reason, the Good is no longer available from the Seller, the latter may temporarily suspend the execution of the Order, contacting the Customer via email, within 5 (five) working days following the submission of the order form. The Seller will provide the Customer with all information regarding the expected times for restocking and delivering the Good and may also offer the Customer an alternative Good with equivalent characteristics and value in substitution of the unavailable Good.
In this case, the Customer has the right to withdraw from the contract and cancel the Order, rejecting any 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 times and methods outlined in the subsequent article 8.
2.8. Extra Large Good: If the subject of the order is a bulky item (Extra Large Good), the Order submitted by the Customer will be treated as a simple reservation of the Extra Large 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 frame, an email containing a summary of the reservation of the Extra Large Good, expressly indicating that no Price will be charged.
Within the following 5 (five) working days, the Customer will receive a second email, again via electronic mail, confirming the actual availability of the Extra Large Good, the details of the costs and shipping charges, the total price of the Extra Large Good (including taxes), and a hypertext link (link) to the website www.PayPal.it, or the details for payment by bank transfer, along with information on the carrier assigned for delivery and any additional costs.
The Customer must make payment of the Price within 2 (two) working days from receiving this second communication, under penalty of cancellation of the reservation and the Order.
3. 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 unjustified delay, and in any case no later than 30 (thirty) calendar days from the date of conclusion of the Contract, as provided for in Article 61 of the Consumer Code.
The delivery charges for the Good, if applicable, are entirely at the expense of the Customer and vary based on the weight and volume of the Good, the delivery location, and any chosen additional services.
Except for Extra Large Goods
, for which paragraph 2.8. applies, during the Order finalization process and before its submission by the Customer and the conclusion of the Contract, all expenses and shipping costs related to the Good subject to the Order will be communicated to the Customer, clearly and comprehensibly.
If, in exceptional cases, it is not possible to calculate the delivery charges in advance, the Customer will be made aware of them clearly before submitting the order and concluding the Contract.
3.2. The shipment of the Good will be carried out through 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 the Platform when completing the Order and before its submission, together with the applied transport conditions, unless different indications are communicated to the Customer in the Order Confirmation.
By submitting the order, the Customer declares to have 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 timings, along with the tracking code that will allow monitoring of the shipment status.
The Customer can verify the transfer phase of the Good:
1. By logging into the Reserved Area “Account”;
2. Directly on the carrier’s website.
3.4. The Good can be delivered throughout the Italian territory at the address indicated by the Customer in the Order form. Shipments cannot be addressed to P.O. boxes and post restante.
In the event that the Customer is not available for the delivery of the Good, the Customer will have 30 (thirty) days to arrange for the retrieval of the Good at their own expense at the physical location of the Seller. After this period, the Seller may retain the Good, and the Customer will forfeit the right to a refund of any amounts paid.
Upon delivery of the Good, the Customer must verify its integrity and, in case of defects, notify the Seller within 24 hours of receiving the package.
3.5. The obligation to deliver is considered fulfilled upon the transfer of material possession or control of the Good to the Customer.
If the obligation to deliver the Good is not fulfilled within the period specified in paragraph 3.1., the Customer has the right to request that delivery be made within an additional period appropriate to the circumstances. Should this additional period expire without the Good being delivered, the Customer has the right to terminate the Contract.
3.6. However, the Customer is not burdened with the obligation to grant the aforementioned additional period if:
a) The Seller has expressly refused to deliver the Good, or;
b) Compliance with the deadline agreed upon by the parties for the delivery of the Good should be considered essential, taking into account all the circumstances surrounding the conclusion of the contract, or;
c) The Customer has informed the Seller in writing, prior to the conclusion of the contract, that delivery by or on a specific date is to be considered essential.
3.7. If the Customer does not receive the Good within the agreed-upon deadline or within the period specified in paragraph 3.1., the Customer has the right to terminate the contract, without prejudice to the right to seek damages. In this case, the Customer is entitled to a refund of all amounts paid under the contract.
4. IN-STORE PICKUP
4.1. Notwithstanding the purchase procedure provided in the previous Article 2, the Customer has the option, if indicated, to pick up the Good directly at the physical location and/or store of the Seller, at their own expense and without delivery costs, by making an explicit request in the Order form.
4.2. To pick up the Good, the Customer must present their identification document (or possibly that of the purchaser), along with a printout of the email confirming the Order, no later than 30 (thirty) calendar days from the date of receipt of the Order acceptance communication.
4.3. In this case, the withdrawal period as per the subsequent Article 7, if applicable, will start from the actual date of receipt of the Good by the Customer, or from the date on which the Customer should have taken possession of the Good under the preceding paragraph.
4.4. If the Customer does not pick up the Good at the physical location and/or store of the Seller within 30 (thirty) calendar days from the date of receipt of the Order acceptance communication, the Seller will be exempted from the obligation to deliver the Good and/or ensure its availability.
5. SELLER’S WARRANTIES
5.1. The Seller is solely responsible for the execution of the sales contract for the Good concluded with the Customer.
5.2. The Seller is the owner of the Good offered for sale and guarantees its 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 actual ones; the images have a purely indicative function.
5.3. The Seller is responsible for the legality and conformity of the Good offered for sale with the current Italian and European regulations.
5.4. The Seller declares to possess all the requirements provided by current regulations, both regarding authorizations for conducting trade, including electronically, and for distance sales.
5.5. In the event of a confirmed non-compliance defect of the Good, within the time limits provided by current regulations, the Seller will be obligated to restore its 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 be subject to change and update over time.
The selling price is the one indicated in the Order form and includes all applicable taxes and fees.
The total price of the Order also includes delivery charges and any additional charges for services chosen by the Customer, duly itemized and detailed.
6.2. In case of a material error in indicating the price, which is manifestly derisory compared to the value of the Good, the Seller has the right to correct it before the delivery of the Good. If the Customer communicates that they do not accept to pay the corrected price, the sales contract will be considered terminated and the price, if already paid, will be refunded to the Customer.
6.3. To make the payment of the total price of the Order, the Customer may select one of the following systems chosen by the Seller when completing the Order: bank transfer (IBAN code indicated in the order form) and/or PayPal.
6.4. If PayPal payment is chosen, the Customer will be redirected to the electronic payment platform on the website www.paypal.it and from there, they must enter the necessary data to complete the transaction.
These details will never be stored, not even temporarily, on the Platform and will be used exclusively to finalize the purchase transaction or for reporting potential fraud to the law enforcement agencies committed on the Platform.
6.5. In relation to the payment system chosen by the Customer, neither the Company nor the Seller can be held responsible in case of malfunctions or temporary non-functioning of the payment platforms mentioned in paragraph 6.4. above.
7. RIGHT OF WITHDRAWAL AND RETURN CONDITIONS – PURCHASE VOUCHERS
7.1. If the Customer is a consumer, they have the right to withdraw from the Contract within a period of 14 (fourteen) calendar days from the day of receipt of the Good and to obtain a refund of the amount paid (excluding shipping costs), without incurring any cost or penalty, and without the need to specify the reason for withdrawal.
7.2. In the case of multiple Goods, meaning those ordered by the Customer through a single order but delivered separately, the period referred to in paragraph 7.1. will commence from the day the Customer (or a third party other than the carrier or courier appointed by the Customer) receives the last Good.
7.3. The right of withdrawal is excluded in the following cases:
sealed audio-visual products, sealed computer software, once opened after delivery (including those attached to hardware); customized or clearly personalized products; products that are liable to deteriorate or expire rapidly; healthcare items, medical devices and electromedical equipment, dietary supplements or weight loss products and/or parapharmaceutical products and similar; sealed products that are not suitable for return for reasons of hygiene or health protection, once opened after delivery (such as, for example, cosmetic products, perfumes, beauty creams, herbal products, etc.). in general, in all other cases provided for in Article 59 of the Consumer Code, or that fall entirely outside its scope under Article 47 of the Consumer Code.
Any limitations to the right of withdrawal will be highlighted in the Order form during completion by the Customer.
order to correctly manage the return related to the exercise of the right of withdrawal, the Customer must, within the period indicated in paragraph 7.1., follow the procedure outlined below:
1) Authenticate themselves on the Platform with their access credentials (username and password);
2) Access, from their reserved area, the order management page and select the one related to the Good subject to the withdrawal request;
3) Click on the option: “Request withdrawal” related to the Good subject to the withdrawal request;
4) Complete all sections of the electronic withdrawal form and send it to the Seller through the Platform;
5) Select the “Good return” service (if the Customer does not wish to arrange for it directly with their own courier, carrier, or shipper) and accept the charge for the shipping cost necessary for the return of the Good (in this case, the Customer will not have to pay anything to the courier, and the shipping cost, which will be previously quantified, will be deducted from the refund amount). If the price of the Good subject to the withdrawal request is lower than the cost of the shipping necessary for its return, the “Good return” service will not be available, and the Customer will have to arrange for it with their own courier.
6) Read and accept the return conditions related to the exercise of the right of withdrawal;
7) Prepare the return of the Good to the courier, ensuring that it is returned in intact conditions, complete with all accessories (including authenticity and warranty certificates, user manuals, cables, etc.) and in its original packaging and packaging, free from damage, including intact safety labels and seals, if applicable; the products must not have been used, worn, washed, or damaged. If the Customer has chosen to use the “Good return” service, they will receive by email the return instructions along with the waybill, which must be printed and attached to the shipment.
8) Indicate the method of refund among the following:
a) reimbursement to the PayPal account used for the payment;
b) bank transfer (in this case, it will be necessary to provide the IBAN code and the account holder’s name, which must necessarily match the one who made the payment).
7.5. Alternatively, in addition to the standard procedure outlined in paragraph 7.4., a Customer who qualifies as a consumer may exercise their right of withdrawal in the following ways:
a) by sending to the Seller and, for information, to the Company, separate registered letters with acknowledgment of receipt, within the period specified in paragraph 7.1., of the withdrawal form, duly completed, downloadable from this Website and in accordance with what is provided in Annex I, Part B, of the Consumer Code, as referred to in Article 54 of the same Code.
b) by sending to the Seller and, for information, to the Company, separate registered letters with acknowledgment of receipt, within the period indicated in paragraph 7.1., of an explicit written declaration containing the statement of withdrawal from the Contract.
7.6. The Seller will inform the Customer within 5 (five) working days of receiving the Good subject to withdrawal, by email, of the acceptance of the return of the Good or the presence of any anomalies compared to these general terms and conditions of sale.
7.7. If the right of withdrawal has been exercised in compliance with these conditions and within the established time limits, the Seller will proceed with the refund as indicated in paragraph 8.
7.8. If the procedures and deadlines for withdrawal are not followed, the Customer will not be entitled to any refund.
7.9. If a Customer has purchased a coupon or gift voucher, they have the right to exercise the right of withdrawal within 14 (fourteen) calendar days from the date of receipt of the order confirmation email.
7.10. Unless the Seller has offered to pick up the goods themselves, the Customer is required to return the Good without undue delay, and in any case within 14 (fourteen) calendar days from the date they informed the Seller, and if applicable, the Company, of the decision to withdraw from the contract. This deadline is considered met if the Customer returns the goods before the 14-day deadline.
The cost of returning the Good is always borne by the Customer.
7.11. In accordance with Article 58, paragraph 3, of the Consumer Code, without prejudice to what is provided for in consumer credit contracts, if the Customer exercises their right of withdrawal, any ancillary contracts are automatically terminated, at no cost to the Customer, except for those provided for in Article 56, paragraph 2, and 57 of the Consumer Code.
8. REFUND PROCEDURE
8.1. The Seller will proceed with the refund of all payments received from the Customer (EXCLUDING any delivery charges) in the shortest time possible and in any case within 14 (fourteen) calendar days from the date on which the Seller was informed of the exercise of the right of withdrawal by the Customer, using the same means of payment used by the Customer for the initial transaction.
If the Customer has expressly chosen a different and more expensive type of delivery than the less expensive type offered by the Seller and/or on the Platform as the standard delivery method, no refund will be due for the additional supplementary costs due to the different type of delivery.
8.2. In the event of non-execution of the order by the Seller, the latter will refund all payments received from the Customer in the shortest time possible, and in any case within 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 provide a Good with equivalent characteristics and value in replacement of the unavailable one.
8.3. In accordance with Article 56, paragraph 3, of the Consumer Code, the Seller may refrain from making the refund provided for in this article until they have received the return of the Good, or until the Customer has demonstrated that they have returned the Good to the Seller, depending on which situation occurs first.
9. ROLE OF THE COMPANY
9.1. The Customer expressly acknowledges that the Company has no role in the sales contract and does not act as a Seller at any stage of it.
9.2. The Customer expressly acknowledges that the Company has no role in verifying the legitimacy of the origin of the Good and its conformity with current Italian and European regulations, as well as its actual conformity with the information provided in the corresponding descriptive sheet, which is the exclusive responsibility of the Seller.
9.3. The Seller is the only party authorized to handle activities related to logistics, payment validation, and validation of the return procedures referred to in Article 8 above, replacement of the Good, and refund for unavailability of the Good.
9.4. Any disputes or complaints, or complaints regarding defects or discrepancies of the Goods, must be addressed directly to the Seller.
10. APPLICABLE LAW AND JURISDICTION
10.1. The Contract and these General Conditions of Sale are entirely governed by Italian law. For all disputes concerning the interpretation, termination, and execution of the Contract and these General Conditions of Sale in which at least one Consumer is a party, the territorial jurisdiction belongs exclusively to the Judge of the place of residence or domicile of the consumer, if located within the territory of the State.
11. MODIFICATION OF THE GENERAL CONDITIONS
11.1. These General Conditions of Sale are subject to modification over time and in relation to any changes in legislation.
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 guarantee that the contents of the Website are appropriate or lawful in other countries.
12.2. Any invalidity, nullity, or ineffectiveness of one or more of these General Conditions of Sale, if accepted, will not determine the invalidity, ineffectiveness, or nullity of the remaining clauses, which will remain valid and effective.