Terms of service
GENERAL CONDITIONS OF SALE, effective from 26/06/2020
This information is provided for the site " http://www.viacondottistore.com " ( Site ) owned by MGM Preziosi srl, with registered office in Via Faiteria, 11, Registered in the Chamber of Commerce of alessandria with VAT no. 02179960063; share capital of 35,000.00 € i.v. ( Company ).
Art. 1. Scope of application
1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 and ss.) of the Legislative Decree 6 September 2005, n. 206 ( Consumer Code ) and by Legislative Decree 9 April 2003, n. 70, containing the discipline of electronic commerce.
1.2 The General Conditions of Sale apply to all sales made by the Company on the Site. indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays.
1.3 The General Conditions of Sale may be modified at any moment. Any changes and / or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale. P >
1.4 The applicable General Conditions of Sale are those in force on the date of sending the purchase order.
1.5 These General Conditions of Sale do not regulate the sale of products and / or services by parties other than the Company that may be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects it is necessary to check their conditions of sale. The Company is not responsible for the provision of services and / or for the sale of products by such parties. The Company does not carry out any checks and / or monitoring on the websites accessible through these links. The Company is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.
1.6 < / strong> You are required to carefully read these General Conditions of Sale as well as all other information that the Company provides on the Site, including during the purchase procedure.
Art. 2. Purchases on the Site
2.1 Purchases on the Site
- can take place even without registering on the Site
- is allowed to users who act as consumers.
2.2 Pursuant to art. 3, I comma, lett. a) of the Consumer Code, it is recalled that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out are considered to be consumers.
2.3 The Company reserves the right to refuse or cancel orders that come from:
- from a user that has issued false, incomplete or in any case inaccurate identification data or that has not promptly sent the Company the documents requested by it or that has sent invalid documents
Art. 3. Registration on the Site
3.1 To register on the Site you must fill in the appropriate form, inserting the following data:
3.2 You undertake to inform the Company immediately in the event that you suspect or become aware of improper use or undue disclosure of the access credentials to the Site.
3.3 The user registered on the Site guarantees that the personal information from it provided are complete and truthful and undertakes to hold the Company harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the user of the rules on registration on the Site or on conservation of the registration credentials and / or the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the Company's right to disable and the user's account.
Art. 4. Information for the conclusion of the contract
4.1 In compliance with the Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Company informs you that:
- to conclude a purchase contract on the Site, you must fill in an order form in electronic format and send it to the Company, electronically, following the instructions that will appear on the Site from time to time
- the contract is concluded when the order form reaches the Company's server
- once the form is received order, the Company will send you the order confirmation to the e-mail address indicated containing:
- information relating to the characteristics of the purchase
- the indication of the price li >
- indication of the payment method used
- indication of delivery costs
- indication of the delivery deadline.
Art. 5. Availability of Products
5.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the ordered Product is no longer available after the transmission of the purchase order.
5.2 < / span> You will be informed in case of unavailability of the ordered Product. In this case, you will be entitled to terminate the purchase contract pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code.
5.3 Alternatively, you can accept:
- if a restocking is possible, an extension of the delivery terms, offered by the Company, with indication of the new delivery term
- if a restocking is not possible, the Company will supply a different product, of equivalent value or higher, upon payment, in the latter case, of the difference, and upon express acceptance of the user
- the Company will offer a discount voucher to be spent on purchases on the Site. The amount of the discount voucher, the term within which it can be used and any limitations will be communicated by the Company from time to time.
5.4 If a refund is requested of the amount paid for the purchase of Products which later proved unavailable, the Company will reimburse within a maximum period of 10 days.
5.5 In the event that you make use of the right of termination pursuant to art. 61, IV and V paragraphs, Consumer Code, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applicable, and any other additional cost, as resulting from the order ( Total Amount Due ) has already taken place, the Company will reimburse the Total Amount Due pursuant to the provisions of the article "Methods of payment" below.
Art. 6. Information Sheet
6.1 Each product and / or service is accompanied by an information page that illustrates its main characteristics ( Information Sheet ). The images and descriptions on the Site reproduce the characteristics of the Products as closely as possible. The colors of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by you for their display. Furthermore, the images of the Product in the Information Sheet may differ in size or in relation to any accessory products. These images must therefore be intended as indicative and with the tolerances of use.
Art. 7. Prices
7.1 All the prices of the Products published on the Site are inclusive of the Value Added Tax.
< strong> 7.2 The Company reserves the right to change the price of the Products, at any time, without notice, it being understood that the price charged to you will be that indicated on the Site at the time of 'execution of the order and that any variations (increase or decrease) subsequent to the transmission of the same will not be taken into account.
7.3 The shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to transmit it.
Art. 8. Purchase orders
8.1 The Company will ship the Products only after having received confirmation of the payment authorization or upon crediting of the Total Amount Due. The ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Company, however, will be transferred to you when you, or a third party designated by you and other than the carrier, materially comes into possession of the Products.
8.2 The purchase contract is conditional on the non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be canceled.
Art. 9. Payment methods
9.1 The following payment methods are allowed on the Site:
- Payment card
9.2 The Company accepts the credit cards of the circuits:< ul>
They are, in any case, indicated in the footer of each page of the Site.
The charge will be made only after (i) the data of your payment card used for the payment and (ii) the company issuing the payment card you used will have issued the authorization for the debit.
Confidential data of the payment card (card number, holder , expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers that the Company uses. The Company therefore never has access to and does not store, even if you choose to store such data on the Site, the details of your payment card used to pay for the Products.
The charge will be made. made at the time of order transmission.
9.3 On the Site it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as a means of payment, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure provided and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Company. The latter is therefore not able to know and does not store in any way the data of the payment card linked to your PayPal account or the data of any other payment instrument connected with this account.
In the case payment by PayPal, the Total Amount Due will be charged to you by PayPal at the same time as the conclusion of the contract through the Site. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the refund due to you will be credited to your PayPal account. The credit times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, the Company cannot be held responsible for any delays or omissions in crediting the refund amount, to dispute which you must contact PayPal directly. Any type of refund to be made pursuant to these General Conditions of Sale will be credited to your PayPal account.
Art. 10. Delivery of Products
10.1 There are no limitations to delivery, except in the cases indicated on the Site and / or in the Product Sheet. p>
10.2 The shipping costs are indicated from time to time on the Site and / or in the Product Sheet.
10.3 From the date the order is sent, the Products will be delivered within 2 days. In the event of failure to indicate a specific delivery deadline, this will in any case take place within thirty days from the date of conclusion of the contract.
10.4 < / strong> It is up to you to check the conditions of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Company, is transferred when you, or a third party designated by you and other than the carrier, materially comes into possession of the Product, the Company recommends that you verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials and you are invited, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reserve . In the event that the packaging shows evident signs of tampering or alteration, it is advisable to promptly notify the Company. In any case, the application of the rules on the right of withdrawal (if applicable for the Product) and the legal guarantee of conformity remains valid.
Art. 11. Right of withdrawal
11.1 If you are a consumer, you have the right to withdraw from the purchase contract for the Product without giving any reasons and without having to incur costs other than those provided for in this article within the term of fourteen calendar days ( Withdrawal Period ). The Withdrawal Period expires after 14 days:
a. in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquire physical possession of the Products;
b. in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquire physical possession of the last Product; or
c. in the case of an order for the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.
11.2 To exercise the right of withdrawal, you must inform the Company, before the expiry of the Withdrawal Period, of your decision to withdraw.< ul>
11.3 You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. This communication must be sent in the following way:
It should be noted that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests with you, it is in your interest to use a durable medium when communicating your withdrawal to the Company. P >
11.4 In case of exercising the right of withdrawal, you must deliver the Product to the registered office indicated in the epigraph to these General Conditions of Sale. p >
11.5 The direct costs of returning the Products are your responsibility as well as the responsibility for their transport.
11.6 If you withdraw from the contract, the Company will refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 days. calendar from the day on which the Company was informed of your decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that you have returned the Products using a carrier of your choice and at your own expense, the Company may suspend the refund until receipt of the Products or until you have demonstrated that you have returned the Products, whichever is earlier. p>
11.7 You are solely responsible for the decrease in the value of the goods resulting from the handling of the Product other than that necessary to establish the nature, characteristics and functioning of the product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and leaflets, with identification tags, labels and disposable seal, where present. , still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and / or accessories of the Product.
11.8 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Company reserves the right to deduct from the refund amount an amount equal to this decrease in value. The Company will notify you of the circumstance and the consequent decreased refund amount within 5 days of receipt of the Product, providing, in the event that the refund has already been paid, the bank details for the payment of the amount due by the user due of the decrease in value of the Product.
11.9 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not entail the termination of the contract and, consequently, will not give the right to any refund. The Company will notify the user within 5 (working) days from receipt of the Product, rejecting the request for withdrawal. The Product will remain with the Company at your disposal for collection, which must take place at your expense and under your responsibility.
11.10 In the case in to which, if one of the hypotheses of law is used, the right of withdrawal does not apply, this exclusion will be given specific and express communication on the Site.
11.11 strong > In the event of partial withdrawal from Multiple Orders, the amount of the delivery costs to be refunded in your favor will be quantified in proportion to the value of the Product subject to withdrawal. Therefore, if, for example, you have placed a total order of 200.00 Euros, which includes two Products, the first worth 50.00 Euros and the second worth 150.00 Euros, and returns the Product of the value of 150.00 Euro, you will be reimbursed for an amount equal to 75% of the delivery costs incurred. In any case, the amount of delivery costs to be returned will never exceed the amount actually paid.
Art. 12. Legal Guarantee
All the Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by art. 128-135 of the Consumer Code ( Legal Guarantee ).
To whom it applies
The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have purchased on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
When it applies
The Company is liable to the consumer for any lack of conformity of the Product which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered.
Unless proven otherwise, it is assumed that the lack of conformity that is manifest within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. From the seventh month following the delivery of the Product, it will instead be the consumer's responsibility to prove that the lack of conformity already existed at the time of delivery.
In order to take advantage of the Legal Guarantee, the consumer must therefore provide first of all proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer, for the purposes of this proof, to keep the purchase invoice or any other document that can certify the date of the purchase (for example the statement of the payment card) and the date of the delivery.
In case of termination of the contract, the Company will refund the consumer the total amount paid, consisting of the purchase price of the Product, the shipping costs and any other additional cost. In the event of a price reduction, the Company will refund the amount of the reduction, previously agreed with the consumer. The refund or reduction amount will be credited to the means or payment solution used by the consumer for the purchase.
The Company is not responsible in case of damage, of any kind, deriving from the use of the Product improperly and / or not in accordance with the instructions provided by the manufacturer as well as in case of damage deriving from unforeseeable circumstances or force majeure.
Art. 13. Conventional manufacturer's warranty
13.1 The Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer ( Conventional Warranty ). You can only enforce this guarantee against the manufacturer. The duration, the extension, even territorial, the conditions and methods of use, the types of damage / defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer. The Conventional Warranty is voluntary and does not replace, limit, prejudice or exclude the Legal Guarantee.
Art. 14. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution / Online Dispute Resolution
14.1 The purchase contracts concluded through the Site are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.
14.2 Please note that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place where the user resides or has elected is competent domicile.
14.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Company informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, lett. a) of the Consumer Code, which, in the event that he has submitted a complaint directly to the Company, following which it has not been possible to resolve the dispute thus arisen, the Company will provide the information regarding the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis and following of the Consumer Code) , specifying whether or not it intends to make use of these bodies to resolve the dispute.
14.4 The Company also informs the user who holds the qualification of consumer referred to in art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform is available at the following address: http://ec.europa.eu/consumers/odr/ ; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved.
< strong> 14.5 The right of the consumer user to appeal to the ordinary competent judge of the dispute arising from these General Conditions of Sale, whatever the outcome of the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.
14.6 L 'user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small disputesentity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur -lex.europa.eu .
Art. 15. Customer service and complaints
It is possible to request information, send communications, request assistance or submit complaints by contacting the Company in the following ways:
- by email, at the following address: email@example.com
- by phone, at the following number: 0909010218.
The Company will respond to complaints submitted within 2 days of receiving them. p>