These General Terms and Conditions of Sale apply to all current and future sales contracts concluded through the website www.shop.errecom.com (hereinafter referred to as the “SITE”) between the company ERRECOM S.p.A., with registered office in Italy, 25030 Corzano (BS), Via Industriale, no. 14, Brescia Register of Companies no. 427786, Taxpayer’s/VAT number: 02179230988, Tel. (+39) 030 9719096, Certified Mail: email@example.com , Email: firstname.lastname@example.org (hereinafter the “SELLER”) and any natural or legal person who, in the course of its business, commercial, artisan or professional activity, makes purchases online on the SITE (hereinafter the “CUSTOMER”).
The CUSTOMER is invited to carefully read these General Conditions before proceeding to issue any purchase order.
ART. 1 – DEFINITIONS
For the purposes of these General Terms and Conditions of Sale the following terms (whether in the singular or plural) shall have the following meanings:
CUSTOMER/CUSTOMERS: the user who purchases the PRODUCTS on the SITE as “Professional”, as such meaning the natural or legal person acting in the course of its business, commercial, artisan or professional activity carried out by the same;
GENERAL CONDITIONS: these General Conditions of Sale;
PARTIES: joint indication of CUSTOMER and SELLER;
PRODUCT(S): the full range of products available and offered for sale on the SITE;
SITE: the website www.shop.errecom.com owned by the Seller;
SELLER: ERRECOM S.p.A, with registered office in Italy, 25030 Corzano (BS), Via Industriale, no. 14, Brescia Register of Companies no. 427786, Taxpayer’s/VAT number: 02179230988, Tel. (+39) 030 9719096, Certified Mail: email@example.com, E.mail: firstname.lastname@example.org .
ART. 2 – SCOPE
These GENERAL CONDITIONS shall apply to all current and future contracts of sale of PRODUCTS concluded between the SELLER and the CUSTOMERS by accessing the SITE and placing of a purchase order according to the procedure provided by the SITE itself.
The CUSTOMER undertakes to carefully read the GENERAL CONDITIONS before placing his/her/its purchase order on the SITE in compliance with the provisions of Art. 4 below. The CUSTOMER, by submitting his/her/its purchase order, acknowledges having read, understood and accepted these GENERAL CONDITIONS, without any limitation or reserve and undertakes to print and keep a copy of them.
These GENERAL CONDITIONS do not regulate the sale of products and/or the supply of services by parties other than the SELLER present on the SITE through links, banners or other hypertext links, with respect to which the SELLER disclaims all liability.
These GENERAL CONDITIONS may be subject to amendment by the SELLER at any time. Any amendments shall become effective as from the date of their publication on the SITE.
Purchases made by the CUSTOMER on the SITE are governed by the general conditions of sale in force at the date the CUSTOMER sends the purchase order. The SELLER therefore suggests the CUSTOMER carefully read the general conditions of sale every time he or she intends to make a new purchase.
ART. 3 – PRODUCT INFORMATION
The CUSTOMER, before the conclusion of the purchase contract, is required to read the essential characteristics of the PRODUCTS which the SELLER undertakes to indicate in special information sheets available on the SITE.
Any images entered on the SITE accompanying the PRODUCTS are purely illustrative. The SELLER shall therefore not be held liable for any non-substantial differences (included but not limited to colour or packaging) found between the images of the PRODUCTS on the SITE and the PRODUCTS purchased by the CUSTOMER.
Unless expressly stated otherwise on the SITE, the PRODUCTS sold through the SITE are new and comply with current European legislation and the rules applicable in Italy.
ART. 4 – PRODUCT ORDERING PROCEDURE
To place an order, the CUSTOMER is required to follow the procedure described below (also available on the SITE in English)
The CUSTOMER who intends to make a purchase on the SITE must select for each PRODUCT the format and quantity he or she wishes to purchase and enter the PRODUCTS in the “Shopping Cart” by clicking on the “Add to Cart” icon. The contents of the Shopping Cart can be changed by the CUSTOMER by adding or removing one or more PRODUCTS until the order is sent (Art. 4.5) by clicking on the “Remove” icon.
Once the PRODUCTS have been added to the Shopping Cart and the “Check-out” icon has been clicked by the CUSTOMER:
a page will appear indicating the main features and price of each PRODUCT ordered as well as the total price of the order, including taxes. The contents of the Shopping Cart can be changed by the CUSTOMER by adding or removing one or more PRODUCTS until the order is sent (Art. 4.5) by clicking on the “Back to Cart” icon;
the CUSTOMER will be asked to enter a reference email address and the shipping details for the PRODUCTS and then to click on the “Go to Shipment” button.
Now, a page will appear to the CUSTOMER with an “order summary” containing the following information:
CUSTOMER’S reference email and PRODUCT shipment details. Both can be changed by the CUSTOMER until the order is sent (Art. 4.5) by clicking on the “Change” icon;
main features and price of each PRODUCT ordered;
total price of the order, including taxes and shipment costs (if any)
summary of invoicing data
The CUSTOMER is required to check the accuracy of the data indicated in the “order summary” and then click on the “Go to payment” button.
After this check the CUSTOMER is asked to read the GENERAL CONDITIONS and confirm acceptance, select the desired payment method and then proceed to send the order by clicking on the “Pay now” button. The CUSTOMER expressly acknowledges that the forwarding of the order implies the obligation to pay the price and other amounts due under these GENERAL CONDITIONS.
ART. 5 – CONCLUSION AND EFFECTIVENESS OF THE SALES CONTRACT
By sending his/her/its order the CUSTOMER declares having read, understood and accepted the GENERAL CONDITIONS and acknowledges that the same, in case of acceptance of the order by the SELLER, will be binding between the PARTIES.
The sales contract shall be deemed concluded and effective between the PARTIES with the sending by the SELLER to the CUSTOMER of an order confirmation email to the email address indicated in the order.
The CUSTOMER undertakes to verify the correctness of the data contained in the above-
mentioned email and to promptly inform the SELLER of any corrections/modifications to be made.
The SELLER reserves the right to accept the order sent by the CUSTOMER within 4 (four) working days starting from the working day following the one on which the CUSTOMER sent his or her order. Should the SELLER fail to send the order confirmation within the aforesaid term, the order shall be deemed to be tacitly refused. In this case, the SELLER shall provide without undue delay for the refund of the price already paid by the CUSTOMER.
ART 6 – PRODUCT AVAILABILITY
The availability of the PRODUCTS indicated on the SITE refers to their actual availability when the CUSTOMER places the order. Such availability is merely approximate since:
due to the simultaneous presence on the SITE of several users, the PRODUCTS may have been sold to other customers before the CUSTOMER sends his/her/its order;
a computer fault may occur such as to make a PRODUCT available for purchase which is in fact not available.
In case of (even partial) unavailability of the ordered PRODUCT, the SELLER undertakes to immediately inform the CUSTOMER by email indicating the first date on which the PRODUCT will become available again. The CUSTOMER, within the following 48 hours, will have the right to confirm the order of the PRODUCTS or cancel it. In the absence of communication from the CUSTOMER, the order will be deemed tacitly confirmed. In case of cancellation of the order, instead, the amount related to the unavailable PRODUCTS will be refunded to the CUSTOMER without undue delay and, in any case, within a maximum of 14 working days from the date of cancellation of the order.
In no case shall the SELLER be held liable for any damages – direct and/or indirect – deriving from the unavailability (in the event of this occurring) of the PRODUCTS on the SITE.
ART. 7 – PAYMENT
Payment for the PRODUCTS can only be made using one of the payment methods indicated on the SITE.
The CUSTOMER assures the SELLER that it is in possession of all the necessary authorizations to use the chosen payment method.
The CUSTOMER shall provide the payment details directly to the chosen payment service provider, without passing through the SELLER’s servers, which shall therefore never have access to or store such data.
ART. 8 – PRICES
All the sales prices of the PRODUCTS indicated on the SITE are expressed in Euro and include value added tax (VAT) at the rate applied on the date the order is placed by the CUSTOMER. Any change in the applicable rate may affect the price of the PRODUCTS as from the date of coming into effect of the change. The final price may differ depending on the VAT rate in effect at the time of purchase which is applied to the order. The system automatically determines if and which VAT to charge on the order in relation to the destination country of the PRODUCTS and issues a valid invoice in accordance with Italian invoicing regulations. It will be to the CUSTOMER’s charge and under its responsibility to comply with the VAT obligations of his/her/its country and, if applicable, of the country where he/she/it has requested the delivery of the PRODUCTS.
The SELLER reserves the right to modify, at any time, the sales prices indicated on the SITE. It is of course understood that the price applied to the CUSTOMER shall be the one indicated
on the SITE on the date the order is placed by the CUSTOMER (and indicated in the confirmation email sent by the SELLER), without considering price increases or decreases, even for promotions, which may occur later.
The sales prices indicated on the SITE do not include shipping costs, customs costs and charges or additional costs of the country of destination which are to the CUSTOMER’s charge in addition to the price of the PRODUCTS purchased. Shipping costs are automatically calculated by the system based on the PRODUCTS selected by the CUSTOMER and the place of shipment. Any duties, import taxes and customs clearance costs in case of deliveries outside the EU will be charged to the CUSTOMER. As customs policies vary considerably from country to country, the SELLER has no control over these costs and cannot therefore predict the amount. It will be the CUSTOMER’s responsibility to contact the local customs office for further information.
ART. 9 – PRODUCT DELIVERY
Without prejudice to any territorial limitations of delivery for products bearing the symbol “Non-air Freight goods” for which the order cannot be processed, the SELLER shall deliver the PRODUCTS to the CUSTOMER at the address indicated by the latter at the time of the order, as confirmed by the SELLER in the order confirmation email as per Art. 5.2.
The SELLER shall use its best efforts to deliver the PRODUCTS within the term indicated in the order confirmation that, unless otherwise agreed in writing by the PARTIES, may not be viewed as essential.
The SELLER shall have fulfilled its delivery obligation upon transferring the material availability or in any case the control of the PRODUCTS to the forwarder.
ART. 10 – PROOF AND FILING
Each contract with the CUSTOMER shall be filed by the SELLER at its own premises.
The SELLER agrees to store this information in order to ensure the traceability of commercial transactions and to produce a copy of the contract, at the CUSTOMER’s request.
In case of dispute, the SELLER shall have the possibility to prove that its electronic tracking system is reliable and guarantees the integrity of the commercial transaction.
ART. 11 – WARRANTY
The SELLER warrants that the PRODUCTS supplied shall comply in quantity, quality and type to the order confirmation and that they are free from defects that may make them unfit for the use for which they are intended.
The SELLER undertakes to remedy any defects, lack of quality or defect of conformity of the PRODUCTS attributable to the SELLER, occurring within twelve months from delivery, provided that the CUSTOMER promptly notifies the SELLER in writing within 8 (eight) days from delivery for obvious defects or from discovery for hidden defects. It is understood that this warranty shall be limited only to the cases in which the reported fault or defect is not directly or indirectly related to the CUSTOMER’s activity or to a wrong use and/or storage of the PRODUCT.
The CUSTOMER shall report any Product non-conformity or defects, under penalty of forfeiture in accordance with the above-indicated terms, by contacting the SELLER’s e-Commerce Department using the form available here or sending a registered letter with return receipt or a certified mail to SELLER to the above-mentioned addresses, by specifying in detail the disputed defects or nonconformities.
The CUSTOMER shall forfeit the right of warranty in the event of its failing to allow any reasonable control which the SELLER asks to be performed on the allegedly defective
PRODUCTS or if the CUSTOMER fails to return them, at its own expense, within a period of 15 (fifteen) days from the claim the CUSTOMER notified the SELLER of the defect in the Product(s).
In the event of the alleged defects or nonconformities being in fact attributable to the SELLER, the latter shall, within a reasonable period, replace or repair, at its own expense, the PRODUCTS found to be defective or non-conforming or credit the CUSTOMER with an amount corresponding to the price indicated on the invoice of the defective or non-conforming PRODUCTS. The refund will be made using the same means of payment used by the CUSTOMER for the initial transaction, without the SELLER being liable for any delay or omission in crediting the CUSTOMER.
ART. 12 – LIABILITY
The SELLER disclaims all liability for any inefficiencies attributable to Force Majeure or fortuitous circumstances, including if these are due to malfunction or inefficiency of the Internet network, in the event of its failing to execute the order, in whole or in part, in the time provided for in the contract.
It is also specified that the SELLER does not control the websites which are directly or indirectly connected to the SITE. Consequently, it disclaims all liability for the information published on the SITE. Links to third party websites are provided for information purposes only and no guarantee is made as to their content.
ART. 13 – PERSONAL DATA
ART. 14 – ACCESS TO THE SITE
The CUSTOMER is entitled to access the SITE to browse and make purchases. The integrity of the elements of this SITE, whether audio or visual, and the related technology used remain the SELLER’s property and are protected by intellectual property rights.
ART. 15 – APPLICABLE LAW – PLACE OF JURISDICTION
These GENERAL CONDITIONS are regulated by the laws of Italy with express exclusion of the United Nations Convention on contracts for the international sale of goods signed in Vienna on 11 April 1980 as well as of any conflict-of-law rules.
For any dispute related or in any case connected to the contracts to which these GENERAL CONDITIONS apply, the Court of Brescia (Italy) shall have sole jurisdiction.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the following articles are deemed expressly approved: Art. 3.2 – Product Information; Art. 6.3 – Product Availability; Art. 15.2 – Applicable Law – Place of Jurisdiction.