The Seller is particularly attentive to the needs and expectations of the users of this e-commerce site and hopes that they are always satisfied with the purchases made through this portal.
For this reason, through these general conditions of sale (GCS), it provides them with suitable information in relation to all the aspects that regulate the purchase, via telematic methods, of the products presented on the Site, in compliance with the provisions of Legislative Decree .Lgs. 6/9/2005, n. 206 (“Consumer Code”), as amended by Legislative Decree 2/21/2014, n. 21, implementing the European directive 2011/83/EU, which, in turn, modified the previous European directives 93/13/EEC and 1999/44/EC, repealing the European directives 85/577/EEC and 97/7 /THERE IS.
These GCS, therefore, constitute an integral and essential part of the Contract for the purchase of any Good made through this site and the forwarding of an Order by the Customer implies its acceptance.
Therefore, when submitting a purchase order for a Good through the Site, the Customer adheres to these GCS, and declares that he agrees to be legally required to comply with the terms and conditions indicated below.
Company: means Carmignani Group Srl with registered office in Via Leopoldo Giuntini 6, Empoli (FI) registered in the register of companies of Florence (REA n. FI- 635541 and VAT number 06530290482) owner of the domain name of this site and manager of the electronic commerce platform operating on the Site, accessible through it.
Seller: means the third party independent legal entity with respect to the Company, well identified on the Site and on the Platform, which uses the Site and the domain name granted to it for use by the Company, and which offers the Goods for sale to the public through the Platform itself.
The Seller, therefore, is solely responsible for the correct execution of the sale of the Goods to the Customer, and has declared that he is the legitimate owner of the Goods offered for sale, that the same complies with current Italian and European legislation, and that he is legitimized to carry out the activity of e-commerce.
Site: means this website on which the Platform operates.
Platform: means the electronic commerce platform operating on the Site and accessible through it, through which the Seller is technically authorized to sell the Goods. Access to the Platform is free for Clients and in general for any user.
Good: means the product and/or service offered for sale by the Seller through the Platform.
Extralarge Goods: means Goods weighing more than 70 kg and/or voluminous (i.e. more than 419 cm (2 x height + 2 x length).
Customer: means the natural person of legal age or legal entity registered on the Site who, by submitting the Order, proposes to the Seller to purchase the Goods through the Site and to pay the price through the Platform accessible through the Site itself. If the Customer is a consumer referred to in art. 3, co. 1 of the Consumer Code (Cod. Cons.), the same is subject to all the provisions of greater protection provided therein.
Order: means the proposal to purchase a Good sent by the Customer to the Seller via the Site and the Platform, which the Seller can accept by giving specific notice to the Customer.
Contract: means the sales contract relating to a Good, which the Customer concludes directly with the Seller following the forwarding of the Order, its communication of acceptance by the Seller and the payment of the relative price.
Consumer Code (COd. Cons.): means Legislative Decree 6/9/2005, n. 206.
General Conditions of Sale (GCS): means the present contractual conditions, published on this Site, which the Customer can view and print a copy of at any time, which have as their object the sale of the Goods by the Seller to the Customer.
Each purchase of Goods made through this Site and the electronic commerce platform is governed by this document, and is configured as a distance sale pursuant to articles 51 et seq. of the Consumer Code.
Purchase voucher or coupon: means a legitimation document that can be purchased by the Customer on the Site via the Platform and downloaded and saved in electronic form and/or printed in paper form, equipped with a unique identification code, which attributes to the Customer , for a maximum period of 90 (ninety) days from the purchase, the right to purchase goods or use services of your choice at the Seller’s physical headquarters or shop, for a value indicated in the voucher itself.
2. PROCEDURE FOR PURCHASE OF THE GOODS
The procedure for purchasing an asset consists of the following steps:
2.1. Identification of the Customer: the Customer must register on this Site by entering their personal details (personal identification data, physical and telephone number and any other information that may be requested) and give the Company and the Seller valid consent to their treatment and their communication to the carrier (courier) and to any third parties for the purposes set out in these general conditions of sale.
Once registered, to proceed with the purchase, the Customer must enter their access credentials (username and password) freely chosen by the same during registration and complete the Order form relating to the chosen Good.
2.2. Completion of the Order form: the Customer must carefully read and complete the Order form in electronic format on this Site.
The Order form will indicate in detail, in a clear and easily understandable way, before its confirmation by the Customer:
a) the essential characteristics of the Goods offered for sale by the Seller through the Platform;
b) the identification data and physical contact details of the Seller (in the case of sole proprietorship, firm; in the case of a company, business name or name; physical address of the main office and/or any secondary offices; telephone and fax numbers; address of e-mail; any specific address to which complaints should be sent, names of any contact persons);
c) the quantity of Goods covered by the Order;
d) the total price of the Good (including all applicable taxes and duties);
e) the delivery costs of the Goods (with any ancillary costs). In the case of Extra Large Goods, the detail of the delivery costs may be communicated to the Customer at a later time, with the observance of the procedure indicated in paragraph 2.8.
f) the methods, address and date foreseen for the delivery of the Goods, 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 Conditions of Sale by the Customer;
h) the request for having read and accepted the conditions established for the exercise of the right of withdrawal by the Customer, as well as the methods, costs and times for returning the Goods and the relative reimbursement of the Price already paid (where applicable) ;
i) any request to issue the commercial invoice;
l) the total price of the Order (including taxes, duties and shipping costs);
m) the payment method chosen by the Customer among those expressly indicated on the Site and provided by the Platform;
n) all information on any assistance services or commercial guarantees provided, including the legal guarantee of conformity of the Goods, where applicable;
o) information regarding the existence of any right of withdrawal, including the conditions, terms and procedures for exercising this right.
After completing the Order form, the Customer may, before forwarding the Order, print or save it in electronic format.
2.3. Forwarding of the Order form and payment of the price: The Customer will forward the Order form with point and click mode, or by selecting a virtual button on the Site clearly and legibly bearing the wording “order and pay”, or other similar action involving the explicit acknowledgment by the Customer of the fact that forwarding the Order implies the obligation, against him, to pay the price.
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 has been submitted and the Price has been paid, the Customer will receive, within the strictly necessary technical times, by e-mail, a communication confirming the Order’s acceptance by the Seller and the payment of the price, containing the summary of the contents of the Order itself.
Together with this communication, the Customer will receive a copy of the information relating to the processing of personal data (which the Customer always has the possibility of viewing on this Site), information relating to the methods of exercising the right of withdrawal, if foreseen, and the tracking code necessary to monitor the delivery of the Goods by the carrier.
If the Customer has requested to collect the Goods directly from the Seller (“collect in store” option), the tracking code will not be communicated, and the different procedure envisaged by the following art. 4.
2.4. Conclusion of the Contract: the contract between the Customer and the Seller will be considered concluded with the receipt, by the Customer, of the communication of acceptance of the Order by the Seller and of the payment of the relative price.
2.5. Archiving of the Order: The Order form will be archived in the Platform database for the period of time necessary for its execution and in any case within the terms of the law.
2.6. Denial of execution of the Order and refund of the Price: The Seller may refrain from executing the Order forwarded by the Customer if the identification data entered by the Customer in the Order form are incomplete or incorrect. Where this happens, the Customer will be informed, within the strictly necessary technical times, by e-mail, of the reasons for the failure to conclude the Contract, and will receive a full refund of any Price already paid according to the times and methods set forth in the following art. 8.
2.7. Unavailability of the Goods: If, for any reason, the Goods are no longer available from the Seller, the latter may temporarily suspend the execution of the Order, by contacting the Customer, by e-mail, within 5 (five) working days following the submission of the order form. The Seller will provide the Customer with all the information regarding the estimated times for the restocking and delivery of the Goods and may also offer the same a Good with equivalent characteristics and value in replacement of the unavailable Good.
In this case, the Customer has the right to withdraw from the contract and cancel the Order, refusing any alternative proposal received from the Seller. If the payment of the Price has already been made, the Customer will receive a full refund of the sums paid according to the times and methods set out in the following art. 8.
2.8. Extra Large Goods: If the object of the order is a voluminous good (Extra Large Goods), the Order sent by the Customer will be taken over as a simple free reservation of the Extra Large Goods by the Customer himself, and no price will be charged .
Following the booking, the Customer will receive, within the necessary technical times, a communication by e-mail containing the summary of the content of the booking of the Extra Large Property, with the express indication of the non-charging of the Price.
In the following 5 (five) working days, the Customer will receive a second communication, again by e-mail, with confirmation of the actual availability of the Extra Large Good, details of the costs and shipping costs, the total price of the Extra Large Good (including taxes) and a hyperlink (link) to the site www.PayPal.it, or the details for paying the price by bank transfer, with information on the courier responsible for delivery and any ancillary costs.
The Customer must pay the Price within 2 (two) working days of receiving this second communication, under penalty of cancellation of the reservation and of the Order.
3. SHIPPING AND DELIVERY OF THE GOODS
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 by art. 61 of the Consumer Code.
The delivery costs of the Goods, where present, are fully borne by the Customer, and vary according to the weight and volume of the Goods, the place of delivery and the ancillary services chosen.
Except in the case of Extra Large Goods, for which the provisions of paragraph 2.8. apply, during the process of completing the Order and before forwarding the same by the Customer and concluding the Contract, the Customer is notified, in a clear and understandable way, all shipping and delivery costs and expenses relating to the Good object of the Order.
If, in exceptional cases, it is not possible to calculate the delivery costs in advance, the Customer will receive clear evidence of this before forwarding the order and concluding the Contract.
3.2. The shipment of the Goods will be carried out by carrier (courier) or in any case through a third party shipping company with respect to the Company and the Seller, which will be indicated on the Site and on the Platform at the time the Order is compiled and before it is forwarded, together with the conditions of transport applied, unless otherwise indicated, which will be communicated to the Customer in the Order Confirmation.
By forwarding 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 Goods and the times, together with the tracking code which will allow monitoring the status of the shipment.
The Customer will be able to verify the transfer phase of the Good:
1. By connecting to the MyArea Reserved area;
2. Directly on the carrier’s website.
3.4. The Goods can be delivered throughout the Italian territory to the address indicated by the Customer in the Order form. Shipments cannot be addressed to post office boxes and poste restante.
In the event that the Customer cannot be found upon delivery of the Goods, the Customer himself will have 30 (thirty) days to proceed to collect the Goods at his own expense at the Seller’s physical headquarters. Once this period has elapsed, the Seller may retain the Goods and the Customer will lose the right to a refund of the amounts paid.
The Customer, together with the delivery of the Goods, must verify the integrity of the same and in case of defects report them to the Seller within 24 hours of receipt of the package.
3.5. The delivery obligation is considered fulfilled through the transfer of the material availability or in any case of control of the Goods to the Customer.
If the obligation to deliver the Goods is not fulfilled within the term referred to in paragraph 3.1., the Customer will have the right to request that delivery be made within an additional term appropriate to the circumstances. If said additional term eventually granted should expire without the Goods being delivered, the Customer will have the right to terminate the Contract.
3.6. However, the Customer is not burdened with the burden of granting the additional term referred to above, if:
a) the Seller has expressly refused to deliver the Goods, or;
b) compliance with the deadline agreed by the parties for the delivery of the Goods must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract, or;
c) the Customer has informed the Seller in writing, before concluding the contract, that delivery by or on a given date is to be considered essential.
3.7. The Customer has the right, if he does not receive the Goods within the agreed term or within the term referred to in paragraph 3.1., to terminate the contract, without prejudice to the right to compensation for damages. In this case, the same has the right to a refund of all sums paid in execution of the contract.
4. COLLECT IN STORE
4.1. Without prejudice to the purchase procedure set out in the previous art. 2, the Customer has the possibility, if indicated, to collect the Goods directly from the Seller’s physical headquarters and/or shop, at his own expense and without delivery costs, by making an express request in the Order form.
4.2. To collect the Goods, the Customer must present his identity document (or possibly that of the person who made the purchase), together with the printout of the e-mail communication certifying the Order confirmation, no later than 30 ( thirty) calendar days from the date of receipt of the notification of acceptance of the Order.
4.3. In this case, the deadline for withdrawal referred to in the following art. 7, if existing, will start from the day of effective delivery of the Good by the Customer, or from the day on which the Customer should have taken delivery of the Good pursuant to the previous paragraph.
4.4. If the Customer does not collect the Goods from the Seller’s physical headquarters and/or shop within 30 (thirty) calendar days from the date of receipt of the Order acceptance communication, the Seller will be exempt from the obligation to deliver the Goods and/or ensure its availability.
5. SELLER WARRANTIES
5.1. The Seller is solely responsible for the execution of the contract of sale of the Good concluded with the Customer.
5.2. The Seller is the owner of the Good offered for sale, of which he guarantees the authenticity, legitimate origin and compliance with the information published on the Platform.
However, the images and colors of the Property may not fully correspond to the real ones; the images are in fact purely indicative.
5.3. The Seller is responsible for the legitimacy and compliance of the Goods offered for sale with respect to current Italian and European regulations.
5.4. The Seller declares to be in possession of all the requirements established by current regulations, both in relation to the authorizations for carrying out trade, also in electronic form, and in the matter of distance selling.
5.5. In the event of an ascertained lack of conformity of the Good, the Seller, within the time limits established by current legislation, will be required to restore conformity of the same at no additional cost to the Customer.
6. PRICE AND METHOD OF PAYMENT
6.1. The price of the Asset is expressed in Euros and may be subject to change and updating over time.
The sale price is the one indicated in the Order form and is inclusive of all applicable taxes and duties.
The total price of the Order also includes delivery costs and any costs for ancillary services chosen by the Customer, suitably distinct and detailed.
6.2. In the event of a material error in the indication of the price, which is manifestly negligible compared to the value of the Goods, the Seller will have the right to rectify the same before delivery of the Goods. If the Customer communicates that he does not agree to pay the adjusted price, the sales contract will be considered terminated and the price, if already paid, will be returned to the Customer.
6.3. To pay the total price of the Order, the Customer can select, when completing the Order, one of the following systems chosen by the Seller: bank transfer (IBAN code indicated in the order form) and/or PayPal.
6.4. If payment with PayPal is chosen, the Customer will be redirected to the electronic payment platform on the website www.paypal.it and from here he will have to enter the data necessary to complete the transaction.
This information will never be stored, not even temporarily, on the Platform and will be used exclusively to complete the purchase transaction or to report any fraud committed on the Platform to the Police.
6.5. In relation to the payment system chosen by the Customer, no responsibility can be attributed to either the Company or the Seller in the event of disservices or temporary non-functioning of the payment platforms referred to in paragraph 6.4. that comes before.
7. RIGHT OF WITHDRAWAL AND CONDITIONS OF RETURN – PURCHASE COUPONS
7.1. If the Customer is a consumer, he has the right to withdraw from the Contract within the term of 14 (fourteen) calendar days starting from the day of receipt of the Goods and to obtain reimbursement of the expense incurred, without incurring any costs or penalties, and without the need to specify the reason for the withdrawal.
7.2. In the case of multiple Goods, meaning those ordered by the Customer through a single order but delivered separately, the term referred to in paragraph 7.1. will start from the day on which the Customer (or a third party other than the carrier or courier possibly appointed by the Customer), will receive delivery of the last Good.
7.3. The right of withdrawal is excluded in the following cases:
audio-visual products, sealed computer software, once opened after delivery (including those attached to hardware material);
made-to-measure or clearly personalized products;
products that are liable to deteriorate or expire rapidly;
sanitary items, medical devices and electro-medical equipment, food supplements or slimming products and/or parapharmaceutical and similar products;
sealed products that cannot be returned for hygienic or health protection reasons, once opened after delivery (such as, by way of example only, cosmetic products, perfumes, beauty creams, herbal products, etc.).
in general, in all other cases provided for by art. 59 of the Consumer Code, or which are completely outside the scope of the same pursuant to art. 47 of the Consumer Code.
Any limitations to the right of withdrawal may be highlighted in the Order form being completed by the Customer.
7.4. For the purposes of correct management of the return connected to the exercise of the right of withdrawal, the Customer must, within the term indicated in paragraph 7.1., carry out the following procedure:
1) authenticate to the Platform with your login credentials (username and password);
2) access the order management page from your private area and select the one relating to the Good that is the subject of the withdrawal request;
3) click on the item: “Request withdrawal” relating to the Good that is the subject of the withdrawal request;
4) complete the electronic withdrawal form in all its parts and send it via the Platform to the Seller;
5) select the “Goods return” service (if the Customer does not wish to proceed directly with his own courier, carrier or shipper) and accept the charge at his own expense of the cost of the shipment necessary for the return of the Goods (the Customer in this case you will not have to pay anything to the courier and the cost of the shipment, which will be quantified in advance, will be deducted from the amount to be refunded). If the price of the Goods object of the request for withdrawal is lower than the cost of the shipment necessary for the return of the same, the “redelivery of the Goods” service will not be available and the Customer will have to provide with his own courier.
6) read and accept these return conditions connected to the exercise of the right of withdrawal;
7) arrange for the return of the Goods to the courier, making sure that the same is sent back in intact condition, complete with all accessories (including certificates of authenticity and guarantee, user manuals, cables, etc.) and in its original packaging and packaging , undamaged, including unaltered labels and security seals, where applicable; the products must not have been used, worn, washed or damaged.
If the Customer has chosen to make use of the “Goods return” service, he will receive the return instructions by e-mail together with the waybill which must be printed and attached to the shipment.
8) indicate the refund method among the following:
a) credit back to the PayPal account used for the payment;
b) bank transfer (in this case it will be necessary to indicate the IBAN code and the account holder who must necessarily correspond to the person who made the payment).
7.5. As an alternative to the standard procedure set out in paragraph 7.4., the Customer who acts as a consumer may exercise his right of withdrawal also in the following ways:
a) by sending to the Seller and, for information, to the Company, by means of separate registered letters with acknowledgment of receipt, within the term referred to in paragraph 7.1., of the withdrawal form, duly completed, downloadable from this Site and compliant with the provisions of Annex I, part B, of the Consumer Code, as referred to in art. 54, same Code.
b) by sending to the Seller and, for information, to the Company, by means of separate registered letters with acknowledgment of receipt, within the term indicated in paragraph 7.1., of an explicit written declaration containing the declaration of withdrawal from the Contract.
7.6. The Seller will communicate to the Customer within 5 (five) working days of receiving the Goods subject to withdrawal, by e-mail, the acceptance of the return of the Goods or the presence of any anomalies with respect to these general conditions of sale.
7.7. Where the right of withdrawal has been exercised in compliance with these conditions and within the established terms, the Seller will refund within the terms and in the manner indicated in paragraph 8.
7.8. In the event that the methods and terms for withdrawal are not respected, the Customer will not be entitled to any refund.
7.9. If you have purchased a coupon or voucher, the Customer has the right to exercise the right of withdrawal within 14 (fourteen) calendar days starting from the day of receipt of the order confirmation email.
7.10. Unless the Seller has offered to collect the goods himself, the Customer is required to return the Goods without undue delay, and in any case within 14 (fourteen) calendar days from the date on which he communicated to the Seller and, where provided , to the Company, the decision to withdraw from the contract. This term is considered respected if the Customer sends back the goods before the expiry of the 14-day term.
The cost of returning the Goods is always charged to the Customer.
7.11. In compliance with the provisions of art. 58 of Legislative Decree 6/9/2005, n. 206 (Consumer Code), except as provided for in the matter of consumer credit agreements, if the Customer exercises his right of withdrawal, any ancillary contracts are terminated by law, at no cost to the Customer, with the exception of those envisaged by art. 56, co. 2, and 57 of the Consumer Code.
8. REFUND METHOD
8.1. The Seller will reimburse all payments received from the Customer (including any delivery costs) in the shortest possible time and in any case no later than 14 (fourteen) calendar days from the date on which the Seller became aware 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 from the least expensive type offered by the Seller and/or in the Platform as a standard delivery method, reimbursement of the higher additional costs due to the different type of delivery will not be due.
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 possible time, and in any case no later than 14 (fourteen) calendar days from the date on which the Seller manifested to the Customer the non-availability of the Good or has received the refusal by the Customer to supply a Good with equivalent characteristics and value in replacement of the unavailable one.
8.3. Pursuant to art. 56, co. 3, of the Consumer Code, the Seller may refrain from making the refund referred to in this article until he has received the return of the Goods, or until the Customer has demonstrated that he has sent the Goods back to the Seller, at whichever occurs first.
9. ROLE OF THE COMPANY
9.1. The Customer expressly acknowledges that the Company has no role in the sales contract and does not qualify as a Seller at any stage of the same.
9.2. The Customer expressly acknowledges that the Company has no role in verifying the legitimacy of the origin of the Goods and the compliance of the Goods with current Italian and European legislation, as well as the effective compliance of the same with the information contained in the relative descriptive sheet, the compilation of which is exclusive care of the Seller.
9.3. The Seller is the only person authorized to manage the activities connected to logistics, validate payments and validate the return procedures referred to in art. 8 above, for replacement of the Good and reimbursement for unavailability of the Good.
9.4. Any dispute or complaint, or complaint regarding defects or discrepancies in 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 relating to the interpretation, resolution and execution of the Contract and of these General Conditions of Sale in which at least one Consumer is a party, the mandatory territorial jurisdiction belongs to the Judge of the place of residence or domicile of the consumer, if located in 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 according to any changes in the legislation.
11.2. The new conditions will be effective from the date of publication on this Site.
12. EFFECTIVENESS OF THESE TERMS
12.1. The Company and the Seller do not guarantee that the contents of the Site are appropriate or lawful in other countries.
12.2. Any invalidity, nullity or ineffectiveness of one or more of these General Conditions of Sale, where accepted, will not determine the invalidity, ineffectiveness or nullity of the remaining clauses which will remain valid and effective.