GENERAL CONDITIONS OF SALE ONLINE
- COMPANY : means the legal entity carrying out the Online Sales Service
- BUYER : means the individual consumer who makes the purchase through the Web site
- PARTIES: If Company and Buyer are jointly mentioned
- ONLINE SALE: It means the sale by the Company of Products through the World Wide Web, using the telematics system provided by the same, with online payment services
- WEBSITE : It means the telematics system provided by the Company to make the purchase from distance of products offered by the same
- PRODUCTS : means movable tangible products offered for sale by the company, whether they are of itsr own production or produced by third party suppliers, branded in any case under the trade names and company logos
- ON-LINE SALES CONTRACT (hereinafter referred to as CONTRACT, for brevity) : It means the purchase agreement relating to the products offered for sale by the Company, as part of a distance sale through electronic tools provided by the company itself
Errevi s.r.l. (hereinafter referred to as the Company) with registered offices in 31030 Carbonera (TV), Via Biban n. 41, V.A.T. No. and Tax Code 03241300262, sells and the Final Consumer (hereafter the Buyer) exclusively purchases, with an Online Sales Contract, the Products selected and ordered by the Buyer among those posted on the Internet site and at the time available. The Buyer declares and guarantee his professional activity and also that the purchase is intended strictly for personal use.
All orders which, in the sole judgment of the Company, do not constitute a retail sale, and in general, any order deemed fraudulent, will be considered null.
This Contract, available on the Website, must be thoroughly examined by Buyer prior to the completion of the Purchase Process through the Website itself. The Buyer declares that he has full capacity to enter into the Product Purchase Agreement on the Website because of this Online Sales Contract. The company shall not in any case be required to verify the legal capacity of visitors and buyers of the Company's Internet site. In the event that a person, who does not have the necessary ability to act (for example, a minor), makes an Order on the Company's Internet Site, without prejudice to the responsibility of their parents or legal guardians for such Order and the payment thereof, the Company may refuse to accept the Order.
The proposed sale of products online are aimed at consumers residing in Italy and in the European Union member countries. To make purchases of the Products on the site, you must register on the Site and you must accept, by selecting the appropriate box, these General Terms and Conditions of Sale on Line. Failure to accept the General Terms of Sale means that it is impossible to make purchases on the Site.
1) OBJECT OF THE CONTRACT
1.1. With this Contract, respectively, the Company sells and the Purchaser acquires at a distance, by electronic means made available by the company, the products shown and offered for sale on the Web site www.ariadinamica.it.
1.2. This Contract is intended to define the rights and obligations of the Parties in relation to the sale of the Products by the Company to the Buyer. These rights and obligations apply without limitation to any sales made through the Website.
1.3. The products for sale through the Internet site are shown in www.ariadinamica.it web page, as described in the relevant information sheets; however, the image of each Product may not be perfectly represented, as it could differ in colour, size and finishing details.
1.4. The Company reserves the right to modify this Contract at any time; however, any sale completed prior to the change of the Contract, incorporates all conditions regulated by the previous contract: any eventual change, including price and / or specific promotions.
2) DRAW UP OF THE CONTRACT
2.1.The Contract between the parties is concluded exclusively through the Company's Internet Site, through the Buyer's access at www.ariadinamica.it where, following the procedures indicated, the Buyer will formalize the proposal to purchase the Products referred to in points 1.1, 1.3. and 1.4.
3) BUYERS OBLIGATIONS
3.1. The Buyer undertakes to pay the price of the Products purchased and any additional costs, such as, but not limited to, the shipping costs, in the times and in the manner indicated in the Online Sales Contract.
3.2. The Buyer undertakes, once the online purchase procedure has been completed, to provide the printing and / or the preservation of these general terms and conditions of sale, which he has already viewed and accepted as a necessary step of the purchase, as well as to the print the Specifications of the Product that is the object of the Purchase, in order to fully satisfy the condition of Articles 52 and 53 of Legislative Decree 206/05.
3.3. It is strictly prohibited to the Buyer to enter false and / or invented and / or fancy personal details and/or emails in the registration process required to activate, in relation to him, the process to execute this Contract. The data must be solely your own personal and not third parties data.
4) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1. The Contract is concluded through the exact compilation of the application form and the consensus expressed by the access sent online, or by filling in the form attached to online electronic catalogue at www.ariadinamica.it> Basket> buy complete the purchase and subsequent submission of the form, always after displaying an order listing web page containing the Purchaser's and Order's details, Purchased Product Price, Shipping Costs and any additional charges, the terms and conditions of payment, the address where the goods will be delivered, the existence of the right of withdrawal and a copy of this Contract.
4.2.As soon as the Company receives the Order from the Buyer, it submits a printable order summary confirmation email, which also includes the data referred to in the preceding paragraph, with the exception of the Copy of the Contract.
4.3. The Contract between the Company and the Buyer must be concluded with the acceptance, even partial, of the Order by the Company. Such acceptance is deemed silent, unless otherwise communicated to Buyer.
4.4. The ownership of the Products will remain in the hands of the Company until the full payment of the order, including shipping costs, taxes and any additional charges (where provided), are fully paid by Buyer.
4.5. The purchase order will be processed only after receipt by the Company of the payment confirmation of the total amount due, including purchase price, the shipping costs (if applicable) and any other additional cost, as indicated in the order form.
4.6. The languages available to Buyers for the conclusion of the Online Sales Contract are Italian and English.
5.1. The prices of the Products offered for sale on the Website are applicable in the context of distance selling and may differ from retail prices or in any case compared to the average market prices applied to certain products.
5.2. All sales prices of the products shown and indicated on the Internet Site are expressed in Euros and constitute public offer in accordance to article 1336 of the civil code.
5.3. The sales prices referred to in the preceding paragraph are inclusive of V.A.T.
5.4. The shipping costs and any additional charges (if any) will be indicated and calculated in the buyer's purchase order before the order is forwarded.
5.5. The Company may modify the sales prices of the Products, shipping costs and any ancillary charges at any time and without notice. It is understood that each order received before the price change will retain its amounts with the previous prices.
6.1. Any payment by Buyer can only be made by means of one of the methods indicated: PayPal online credit card or pre-paid PayPal card.
6.2. By filling in the appropriate space on the Website, the Buyer authorizes the Company to use his credit card and to charge the same with the amount of expenditure incurred, including fees, shipping expenses and / or costs, Bank charges and any ancillary contributions necessarily included.
6.3. The Buyer's credit card charge will be made at the same time the order is forwarded.
6.4. All orders must be paid in Euro, including taxes, transport and / or shipping charges, bank charges, and any ancillary contributions necessarily included.
6.5. The company will send the invoice or tax receipt with the shipment of the purchased Products.
6.6. The issuance of the tax document will be carried out according to the directions provided by the Buyer when ordering. No change will be possible after issuing the tax document itself.
6.7. The Buyer undertakes to check carefully the data entered at the time of order, as these will be used for accounting entries.
6.8. Any refund to the Buyer will be credited through one of the terms proposed by the Company and chosen by Buyer, by way of example and not exhaustive, by setting it off against the amount paid or by voucher to be used for future purchases from the website. Refunds will be recognized or re-accredited within 30 (thirty) days of its acceptance and, in the event of exercise of the right of withdrawal, as governed by Article 10.6 of this Contract.
6.9. All communications relating to payments are made on a specific company's line protected by encryption system. The Company guarantees the confidentiality of this information in compliance with the provisions of the current rules on the protection of personal data.
6.10. In order to prevent fraud on the Internet, payment by credit card of purchases made through the Site is managed online by the bank concerned through the tools offered by PayPalPro (www.paypal.com);
6.11. PayPal is responsible for the automatic retention and processing in a secure environment of information relating to each order, including financial information.
6.12. All financial information, such as your credit card number and expiration date, is directly handled by PayPal, which guarantees the security of online transactions. The Company never knows the credit card details and is therefore unable to store or store them in any way.
7) PRODUCT AVAILABILITY
7.1. Products for sale on the Website are available for as long as they are published and within the stock inventory limits.
7.2. The Company assures, through the telematics system, the processing and execution of orders received in the shortest possible time, compatibly with the workload of the Company's staff and the availability in the stock inventory.
7.3. In the event that, after the Purchaser's submission of the Order, a total or partial unavailability of the Product occurs, the Buyer will immediately be informed of the Unavailability of the Product by the most appropriate means chosen by the Company and of the total or partial cancellation of the Order.
7.4. In case of total cancellation of the Order:
- the Buyer will be informed of the total cancellation of the Order;
- the Company will pay the total sums paid by Buyer in respect of the cancelled Order;
In case of partial cancellation of the order:
- Buyer's order will only be partially confirmed and buyer will be charged only with the amount of the available Products as indicated in the Order Confirmation email;
- the available Products will be delivered to the Buyer.
8) DELIVERY OF GOODS
8.1. The Products ordered by the Buyer under this Contract will be delivered to the address indicated by the Buyer as the delivery address for the Order.
8.2. The ordered goods can be delivered within the normal management times that may be extended in acceptable time if the Product is temporarily unavailable, however, no later than 15 (fifteen) days from the day following the date on which the Buyer sent the Order, unless otherwise agreed between the Parties.
8.3. The deliveries are made in the territory of the Italian State and in all European Union member states, with the exception of the destinations specifically indicated on the "Home" page, "information" section at the foot of the page, at the "Shipment" link.
8.4. The Buyer may cancel an order by communicating his / her will to the Company prior to shipment.
8.5. Shipped products will be checked and delivered to the courier without defects. The Company will not be liable for any damages and will not undertake any replacement or repair if defects are not notified when accepting the shipment, by writing the defects on the courier delivery document (the copy remaining with the courier) with the words "damaged goods "," I Accept goods with reserve", "Intact Package accept with reserve", or similar, which Indicates Damage or Alleged Damage. The dispute must be immediately reported to the courier and communicated to our e-mail address email@example.com. and at the headquarters of the courier in the area of competence.
8.6.The shipping rates can be inferred from the summary page of the Web site orders.
8.7. Shipments are made only in the territory of the European Union, with the exception of the following destinations, for information please contact us at firstname.lastname@example.org:
- Corsica (France)
- North Wave (UK)
- Shetland Islands (UK)
- Azores (Portugal)
- Madeira (Portugal)
- Balearic Islands (Spain)
- Channels (Spain)
- Ceuta (Spain)
- Melilla (Spain)
9) SELLER CONFORMITY LEGAL WARRANTY, REPORTING OF DEFECTS OF CONFORMITY AND INTERVENTION UNDER WARRANTY
9.1. Pursuant to and for the purposes of European Directive 44/99 / EEC and Legislative Decree 206/05, the Company guarantees to Buyer that the Products will be free of defects in design and material and will comply with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Buyer. It is excluded the application of any guarantee in case of use of the Product not conforming to the right use of the product and/or not in accordance to instructions / warnings provided by the company in the documentation of reference, in tags or labels.
9.2. Under penalty of expiration/invalidation of this warranty, the Buyer has the responsibility to report any defects and non-compliance no later than 2 (two) months from the discovery, making a request of intervention under warranty via email at email@example.com with indication of the defect and / or non-compliance identified, as well as related documentation (at least n. 1 (a) photograph of the product), the order confirmation sent by the Company and / or the invoice and / or tax receipt or, after 14 (fourteen) days past the receipt of the goods, by sending to the Company by email to firstname.lastname@example.org the appropriate return form correctly filled in.
9.3. Upon receipt of the request and the relevant documentation, the company will evaluate the defects and non-conformities lodged by the Buyer and, after carrying out the quality checks to verify the actual non-compliance of the Product, will decide whether to authorize the return of the Products. In this case the Company will make a specific declaration to the Buyer via email to the address provided by the latter at the time of transmission of the order. Authorization to return the Products will in no way constitute defect or non-conformity recognition, the existence of which will have to be established after the return of the goods. The products for which the Company has authorized the return must be sent by Buyer, together with a copy of the approval notice to return within thirty (30) days of notification of the defect or non-compliance, to the following address: Errevi s.r.l. 31030 Carbonera (TV) Via Biban 41.
9.5.If the Company is required to refund to the Purchaser the price paid, the refund will be made, where possible, by the same means of payment used by the Buyer at the time of purchase of the Product.
10) LIABILITY FOR DAMAGE DUE TO DEFECTIVE PRODUCTS
10.1 The provisions of European Directive 85/374 / EEC and Legislative Decree 206/2005 apply to any damage caused by product defects.
11) LIMITATIONS OF LIABILITY
11.1. The Company does not assume any responsibility for problems caused by force majeure if it fails to execute the order within the terms of the Contract.
11.2. The Company shall not be liable to the Buyer, except in cases of wilful misconduct or gross negligence, for disruptions and malfunctions related to the use of the Internet outside of its control.
11.3. The Company will also not be liable for damages, losses and costs incurred by the Buyer because of the failure to execute the contract for causes that are not attributable to it, since the Buyer is entitled only to the full refund of the price paid and any additional charges incurred
11.4. The Company assumes no responsibility for any fraudulent and illicit use that can be made by third parties, of credit cards or PayPal prepaid cards, upon payment of the purchased Products, if it proves to have taken all the possible caution based on the known state of the art and based on ordinary diligence.
11.5. In no event shall Buyer be liable for any delay or disruption in the payment if he proves that he made the payment in the same time and manner specified by the Company.
11.6. The Company is not liable for any malfunction and / or damage to the Products purchased on-line by Buyer as well as any further damage suffered by Buyer and / or its assets and / or third parties, in the event that the Buyer and / or third parties have used the Products purchased on line in a way that does not conform to the technical data sheet of the same and in violation of the instructions for use therein or in a manner not in accordance with the law and the practices of use.
12) RIGHT OF WITHDRAWAL
12.1. Buyer has the right to withdraw from the Contract without penalty and without specifying the reason within 14 (fourteen) working days from the day of receipt of the purchased goods.
12.2. The Buyer wishing to exercise the right of withdrawal shall inform Errevi s.r.l. through an explicit statement, which can be transmitted by registered return letter or by accessing the Web site www.ariadinamica.it, section “contact us” and fill in the form by specifying the order reference in the "order reference" section and "creating a computerized return file" in the "text" section.
12.3. The Buyer may also exercise the right of withdrawal by submitting any explicit statement containing the decision to terminate the Contract or alternatively submit the standard Revocation Form, as per Annex I, Part b, Legislative Decree 21/2014, whose text is reported: “Standard revocation from pursuant to art. 49, paragraph 1, Lett. H” (fill in and return this form only if you wish to withdraw from the contract)):
Errevi s.r.l. 31030 Carbonera (TV) via Biban 41, tel 0422 690711 fax 0422 690796 email email@example.com
With this I / we notify the withdrawal of my / our sales contract for the following goods / services
Ordered on / received on
Name of consumer/s
Consumer Signature (only if this form is sent in paper version)
12.4. In the event of exercise of the right of withdrawal, the Buyer is required to return the goods within 14 (fourteen) days from the date on which he has communicated to Errevi s.r.l. his will to withdraw from the Contract in accordance to Article 57 of Legislative Decree 206/2005.
12.5. The goods must be returned and delivered to Errevi s.r.l. Via Biban, 41 31030 Carbonera (TV).
12.6. The only costs incurred by the Buyer for the exercise of the right of withdrawal under this Article are the direct costs of returning the Products to the Company.
12.7. The goods must be returned intact in its original packaging, complete in all its parts (including packaging and any documentation and accessories: manuals, etc.) and complete with the attached fiscal documentation. Subject to the possibility of verifying compliance with the above, Errevi S.r.l. will refund the amount of the Products that are the subject of the withdrawal within a maximum of 14 (fourteen) days, including any shipping costs.
12.8. As provided by Art. 56, paragraph 3 of Legislative Decree 206/2005 amended by Legislative Decree 21/2014, Errevi S.r.l. may suspend the refund until the receipt of the goods or until the Buyer has demonstrated that he has returned the Products to Errevi S.r.l.
12.9. Errevi S.r.l. will make a refund using the same payment method chosen by Buyer, at the time of purchase.
12.10. Upon receipt of the communication by which the Buyer communicates the exercise of the right of withdrawal, the Parties of this Contract shall be free from each other's obligations, subject to the provisions of the preceding paragraphs of this Article.
12.11. This is without prejudice to apply to Buyers who are not resident in Italy the most favourable provisions provided for by the law of the country in which the Buyer has his habitual residence. In particular in relation to the time limit for the exercise of the right of withdrawal, the time limit for the return of the goods, in the event of exercise of the right of withdrawal and the manner in which it is to be communicated.
13) INTELLECTUAL PROPERTY RIGHTS
13.1. Buyer declares to be aware that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Site or related to the Products are and remain of exclusive property of Errevi S.r.l.. and/or its successors in title. Access to the Site and / or the purchase of the Products may not result in the Buyer being entitled to any such right.
13.2. The contents of the Site cannot be either reproduced, partially or entirely, transferred by electronic or conventional means, modified or used for any purpose without the prior written consent of Errevi S.r.l.
14) RESOLUTION OF THE CONTRACT AND EXPRESS RESTRICTIVE CLAUSE
14.1. Buyers' obligations as referred to in the above Article 3 (Buyer's obligations) and the guarantee of a successful payment to be made by the Buyer are essential, so that by express agreement, the failure by the Purchaser of even one of these obligations will lead to termination of the Contract pursuant to Art. 1456 of the civil code, without prejudice to the Company's right to act for the compensation of further damage.
15) TUTELA DELLA PRIVACY E TRATTAMENTO DEI DATI PERSONALI
15.1. The Company protects the privacy of its Purchasers and ensures that the processing of the data complies with the provisions of the legislation on privacy set forth in Legislative Decree no. 196 of 30 June 2003, and subsequent amendments.
15.2. Personal and fiscal data obtained directly and / or through third parties from the Company, the holder of the data processing, are collected and processed in printed, computing, telematics form, in relation to the processing methods with the purpose of registering the order and activating the procedures for the execution of this Contract and the related communications. In addition also to the fulfilment of any legal obligations, and to enable effective management of commercial relations to the extent necessary to best perform the required service (Article 24, Paragraph 1, letter b, Legislative Decree 196/2003).
15.3. The Company undertakes to treat the Buyer data and information as confidential and not to disclose them to unauthorized persons or to use them for purposes other than those for which they have been collected or to forward them to third parties. Such data may be exhibited only at the request of the judicial authority or other authorized law authorities.
15.4. Personal data will be communicated, subject to a commitment to confidentiality of the data, only to subjects delegated to the completion of the activities necessary for the execution of the contract and communicated exclusively for this purpose.
15.5. The Purchaser has the rights under Article. 7 of Legislative Decree 196/03, namely the right to obtain: - updating, rectification or, where relevant, integration of data, - cancellation, transformation into anonymous form or blocking of data processed in violation of law, including those that are not required to be retained in relation to the purposes for which the data was collected or subsequently processed; - confirmation that the operations referred to in the previous paragraphs have been brought to the knowledge, also with regard to their content, of those to whom the data have been communicated or distributed, except where such fulfilment is impossible or involves use of means manifestly disproportionate to the protected right. The interested party also has the right to oppose, in whole or in part; - for legitimate reasons the processing of personal data concerning him, even though they are relevant to the purpose of the collection; - the processing of personal data relating to him for the purpose of sending advertising material or direct sales or for conducting market research or commercial communication.
15.6 The communication of personal data from the Buyer is a necessary condition for the proper and timely execution of this Contract. Failing that, the request of the Buyer will not be carried forward.
15.7. In any case, the acquired data will be retained for a period not exceeding that required for the purposes for which they were collected or subsequently processed. However, their removal will be carried out in a safe way.
15.8. The holder of the collection and processing of personal data is the Company, at whose headquarters the Buyer may address any request.
16) ARCHIVING MODES
16.1. Pursuant to Article 12 of Legislative Decree no. 70/03, the Company informs the Buyer that every order sent is kept in digital / paper form on the server / at the Company's premises according to privacy and security policies.
17.1. The Company reserves the right to change this Agreement at any time by publishing on its website www.ariadinamica.it the updated version.
17.2. Any new clauses will be effective for purchases made after the changes are made.
18) APPLICABLE LAW AND JURISDICTION
18.1. This Contract is governed, in all respects, by Italian law. These General Terms and Conditions refer, as far as not explicitly provided for therein, in conjunction with Legislative Decree 50/92, Legislative Decree 70/03, Legislative Decree 206/05, Legislative Decree 21/2014 and any other relevant legislation. Buyers’ non-resident in Italy may make use of the most favourable provisions provided by the law of the country in which the Buyer has his habitual residence.
18.2. In case of disputes arising between the Parties in relation to the application, execution and interpretation of these General Conditions of Sales, the competent Judge is the one of the place of habitual residence or of domicile of the Buyer.
18.3. In case of disputes between the Company and the Buyer, the Buyer is informed that the Company adheres to the Dispute Settlement System through a friendly reconciliation attempt of "Risolvionline", an independent and institutional service provided by the Arbitration Chamber Of the Chamber of Commerce of Milan. This can make possible a compromise agreement on disputes over the internet, with the intervention of a neutral and competent conciliator, in a safe, rapid and inexpensive way. For more information about the "Risolvionline" or to submit a conciliation request, please visit www.risolvionline.com .
18.4. The Buyer also has the option of using the European Online Dispute Resolution platform (European ODR Platform) to initiate a possible resolution, as an alternative to the use of ordinary Courts, for any disputes between the Company and the Buyer. The ODR platform is developed and managed by the European Commission in accordance with the Directive 2013/11 / EU and EU Regulation n. 524/2013. The ODR platform facilitate the independent, impartial, transparent, effective, prompt and fair Out-of-Court settlement of disputes concerning contractual obligations arising out of sales contracts or on-line services between a consumer resident in the European Union and a professional established in the European Union. This is achieved through the intervention of an ADR (Alternative Dispute Resolution) that has adhered, which can be selected from a special list available there. For more information on the European ODR platform or to start, through the latter, an alternative dispute resolution procedure of a dispute relating to this Contract, go to the following link: http://ec.europa.eu/odr. The Company's e-mail address to be indicated on the ODR European Platform is the following: firstname.lastname@example.org .