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 person who, for purposes unrelated to his or her 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 place any purchase order.
For any request for information or complaint, the CUSTOMER may contact the SELLER’s e-Commerce Department through the form “Contacts” available here or by sending an email to the following address: email@example.com
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 must be at least 18 years of age, who purchases the PRODUCTS on the SITE as “Consumer” pursuant to Art. 3, par. 1 lett. a) of Legislative Decree no. 206 dated 6 September 2005 (“Consumer Code”), as such meaning the natural person acting for purposes unrelated to any 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 websitewww.shop.errecom.com owned by the SELLER;
SELLER: the company ERRECOM, 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: firstname.lastname@example.org, Email: email@example.com .
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.
These GENERAL CONDITIONS are provided in compliance with the provisions set forth in:
Legislative Decree no. 206 dated 6 September 2005, containing the “Consumer Code” as amended;
Legislative Decree no. 70 dated 9 April 2003, implementing Directive 2003/31/EC on Electronic Commerce and Electronic Communications.
Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
The CUSTOMER undertakes to carefully read the GENERAL CONDITIONS before placing his/her purchase order on the SITE in compliance with the provisions of Art. 4.5 below. The CUSTOMER, by submitting his/her 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 the CUSTOMER will be asked to select “Shipment Mode” and an “order summary” page will appear 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).
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.
By sending his or her 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 according to the following Art. 5, will be binding between the PARTIES.
ART. 5 – CONCLUSION AND EFFECTIVENESS OF THE SALES CONTRACT
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 order confirmation email contains the CUSTOMER’s details and the order number, the price of the PRODUCTS purchased, the shipment costs, the delivery address to which the PRODUCTS will be sent, the expected delivery date of the PRODUCTS, the Tracking Number as well as the link to print and store a copy of the GENERAL CONDITIONS.
The CUSTOMER undertakes to verify the correctness of the personal 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 or her 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 he/she 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 in Italy 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. For orders with shipment outside Italy, the final price applicable to the sale may vary according to the country of destination in accordance with the legislation currently applicable to VAT. Before confirming the order, the CUSTOMER may view the final price applicable according to the country of destination.
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.
8.3. 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. 5.1.
The SELLER shall use its best efforts to deliver the PRODUCTS within the term indicated in the order confirmation and in any case within 30 (thirty) days from the date of receipt by the CUSTOMER of the order confirmation email sent by the SELLER.
In case the SELLER fails to deliver the PRODUCTS within 30 (thirty) days as per Art. 9.2, the CUSTOMER shall be obliged to give written notice to the SELLER to deliver the PRODUCTS within a reasonable additional term. Failure to deliver within the above-mentioned additional term shall entitle the CUSTOMER to terminate the contract immediately, without prejudice to the right to compensation for damages. In this case, the SELLER shall refund the CUSTOMER, without undue delay, the sums paid by the latter in execution of the contract.
The SELLER shall have fulfilled its delivery obligation upon transferring the material availability or in any case the control of the PRODUCTS to the CUSTOMER.
The risk of loss or damage of the PRODUCTS, for reasons not attributable to the SELLER, is transferred to the CUSTOMER when he/she (or a third party designated by him/her other than the carrier) materially comes into possession of the PRODUCTS.
ART. 10 – RIGHT OF WITHDRAWAL.
In compliance with the provisions of Art. 52 of the Consumer Code, the CUSTOMER has the right to withdraw from the sales contract with the SELLER, without having to specify the reason, giving written notice to the SELLER within 14 (fourteen) days from the day on which the CUSTOMER (or a third party other than the carrier designated by the CUSTOMER) has received the PRODUCTS. If several products on one order are delivered separately, the term of 14 (fourteen) days shall start from the date the last PRODUCT was received.
The term of 14 (fourteen) days referred to in the previous paragraph shall be considered respected if the CUSTOMER sends the communication concerning the exercising of the right of withdrawal to the SELLER before the expiry of the fourteenth day.
The communication of the decision to withdraw from the contract may be made, at the CUSTOMER’s choice:
by filling in the “Model withdrawal form” available here; or
by sending a registered letter with recorded delivery to ERRECOM S.p.A., Via Industriale, no. 14, 25030 – Corzano (BS), Italy with an express declaration of the decision to withdraw from the contract.
Since, pursuant to Art. 54, paragraph 4 of the Consumer Code, the burden of proof of exercising the right of withdrawal within 14 (fourteen) days lies with the CUSTOMER, the SELLER invites the CUSTOMER to keep a copy of the withdrawal notice.
The exercising of the right of withdrawal by the CUSTOMER – within the specified terms and conditions – shall result in the non-obligation of the PARTIES to execute the sales contract (in the event of this having already been concluded) or to conclude the sales contract (in the event of the withdrawal having taken place before order confirmation by the SELLER).
ART. 11 – NO RIGHT OF WITHDRAWAL.
In accordance with art. 59 of the Consumer Code, the right of withdrawal by the CUSTOMER under Art. 10 is excluded in case of PRODUCTS customized according to the specifications of the CUSTOMER or in case of sealed PRODUCTS that are not suitable for return for hygienic or health protection reasons and have been opened after delivery.
ART. 12 – CUSTOMER’S OBLIGATIONS IN CASE OF WITHDRAWAL
The CUSTOMER exercising the right of withdrawal is required to:
return the PRODUCTS to the SELLER (or to a third party authorized by the SELLER to receive the goods) without undue delay and in any case within and no later than 14 (fourteen) days from the date on which the SELLER is notified of his or her intention to withdraw from the contract.
The term of 14 (fourteen) days shall be deemed respected if the CUSTOMER sends the PRODUCTS back before the expiry of the fourteenth day;
bear the direct cost of returning the PRODUCTS.
The substantial integrity of the PRODUCTS to be returned is an essential condition for exercising the right of withdrawal. The PRODUCTS must therefore be returned in a perfect state of preservation and with original labels – where present – not removed, in the same conditions in which they were received, complete with the original packaging and all accompanying documentation. The PRODUCTS to be returned must be accurate packed, in order to protect the original packaging from damage or affixing of writing and/or labels.
The CUSTOMER is responsible for any decrease in the value of the PRODUCTS resulting from handling them differently from whatever is necessary to establish their nature, characteristics and operation.
ART. 13 – SELLER’S OBLIGATIONS IN CASE OF CUSTOMER WITHDRAWAL
In case of exercising the right of withdrawal – within the terms and in the manner specified – the SELLER shall refund the CUSTOMER the amount paid by the latter, including delivery costs (with the exception of any additional costs resulting from the CUSTOMER’s choice of a more expensive delivery method than the standard delivery method proposed by the SELLER and with the exception of any customs duties and charges), without undue delay and in any case within 14 (fourteen) days from the day on which the SELLER was informed of the CUSTOMER’s withdrawal, except as provided for in Art. 13.3 below.
The SELLER shall make refund 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. In any case the refund will not entail any cost for the CUSTOMER.
The SELLER reserves the right to withhold the refund until the PRODUCTS are returned or until the CUSTOMER has proved to have returned the PRODUCTS, whichever situation occurs first.
ART. 14 – 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 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. 15 – STATUTORY WARRANTY
THE SELLER undertakes to deliver to the CUSTOMER, PRODUCTS conforming to what is indicated in the order confirmation.
The SELLER shall be liable to the CUSTOMER for any lack of conformity that becomes apparent within 24 (twenty-four) months from the delivery of the PRODUCTS, even if at that date the defect was not immediately detectable.
In order to enforce the warranty, the CUSTOMER must inform the SELLER of the defect within 2 (two) months from the discovery of the defect, according to the procedures set forth in Art. 18 below. Any action deriving from a defect of conformity shall be subject to a time-limit of 26 (twenty-six) months from the delivery of the PRODUCT.
Unless the contrary is proven, defects of conformity which become apparent within the first 6 (six) months from the date of delivery of the PRODUCT shall be presumed to have existed at that date, unless such presumption is incompatible with the nature of the PRODUCT or the nature of the defect of conformity.
The CUSTOMER shall keep the purchase receipt of the PRODUCT as well as the documents confirming shipment and delivery of the PRODUCT.
In case of defect of conformity, the CUSTOMER may ask, at his/her choice, the SELLER to repair the PRODUCT or to replace it, without charge in both cases, unless the requested remedy is objectively impossible or excessively expensive compared to the other. In this case, after the CUSTOMER has returned the PRODUCT, the SELLER must provide for the replacement or repair of the PRODUCT within a reasonable term. The CUSTOMER shall forfeit the right of this statutory warranty if he or she fails to return the PRODUCT, with direct costs to be charged to the CUSTOMER, within a reasonable
term, not exceeding 15 (fifteen) days from the date of the claim.
In the event of (i) the replacement or repair of the PRODUCT being impossible or excessively expensive, or (ii) the SELLER not having repaired or replaced the PRODUCT within a reasonable period or (iii) the repair or replacement previously carried out having caused significant inconvenience to the CUSTOMER, the CUSTOMER may request, at his or her choice, an appropriate price reduction or termination of the contract. In this case the refund, in whole or in part, of the price paid shall be made using the same payment method used by the CUSTOMER for the initial transaction, without the SELLER being liable for any delay or omission in crediting the CUSTOMER. In any case, the refund will not entail any cost for the CUSTOMER.
ART. 16 – 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 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. 17 – PERSONAL DATA
ART. 18 – COMPLAINTS – CLAIMS UNDER WARRANTY
For any claim, including the exercising of the statutory warranty pursuant to Art. 15, the CUSTOMER must contact the SELLER’s e-Commerce Department using the appropriate form available here or by sending a registered letter with return receipt to SELLER to the abovementioned address, indicating in detail the disputed defects or nonconformities.
ART. 19 – 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. 20 – APPLICABLE LAW – PLACE OF JURISDICTION
These GENERAL CONDITIONS are governed by Italian law.
The application of Italian law to CUSTOMERS who do not have their habitual residence in Italy shall be without prejudice to any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, to the deadline for the return of the Products, in case of such right being exercised, to the procedures and formalities for its communication and to the statutory guarantee of conformity.
For any dispute related or in any case connected to the contracts to which these GENERAL CONDITIONS apply, the Court of the place of residence or domicile of the CUSTOMER shall have sole jurisdiction.
The CUSTOMER is also informed that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been set up and can be accessed at the following address http://ec.europa.eu/consumers/odr. Through the ODR platform, the CUSTOMER can view the list of Alternative Dispute Resolution bodies for the out-of-court resolution of disputes (so-called ADR bodies, as indicated in articles 141-bis and following articles of the Consumer Code), find the link to the website of each of them and start an online dispute resolution procedure for the dispute in question.