[ad_1]
TERMS OF SALES
1. Name of the site, ownership of the domain name. Definitions.
1.1 The present general conditions of sale ("conditions") govern the offer and the sale of the products as defined below, via the website. www.prealpina.it (later also "Site") of the Varesina Spa editorial company, having its registered office at (21100) Varese, Via Tamagno, 13 (CF e P.Iva 00237060124) (later also "SEV" or "Seller") ).
1.2 The site belongs to SEV, while the owner of the corresponding domain name is La Prealpina S.r.l., with its registered office at (21100) Varese, Via Tamagno, 13, C.F. and VAT number 01620270122.
2. Scope of these conditions.
2.1 The offer and sale of goods offered for sale on the site (hereinafter also the "Product / s") Constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) Of the Legislative Decree of 6 September 2005, No 206 ("Consumer Code") and Legislative Decree No. 70 of 9 April 2003 on the discipline of electronic commerce.
2.2 These general conditions of sale apply to all contracts concluded with S.e.v. via the website (hereinafter also the "contract / s").
2.3 These general conditions of sale may be modified at any time. Any changes and / or new conditions will come into effect as soon as they are posted on the site. Users are therefore invited to regularly access the site and to consult, before any purchase, the most up-to-date version of the general conditions of sale. .
2.4 The general conditions of sale applicable are those in force on the date of sending the order and are available in Italian.
2.5 These general conditions of sale do not govern the sale of products by third parties, other than VES, present on the site through links, banners or other hypertext links. Before proceeding with commercial transactions with these subjects, the user is therefore obliged to check the sales conditions adopted by them. SEV is not responsible for the provision of services and / or the sale of products by these subjects. On the websites that can be accessed through these links, the Seller does not perform any verification and / or monitoring. SEV is therefore not responsible for the content of these sites, nor for errors and / or omissions and / or violations of the law.
2.6 The user is obliged to read carefully the present General Conditions of Sale which, SEV, make available the page of the Site indicated in the clause 2.3) above and of which it is authorized the storage and the reproduction, as well as all the others information. that the seller provides him on the website, before and during the purchase process.
3. Identification of the seller
3.1 The products purchased on the website are offered, distributed and sold by SEV, which is therefore the sole consideration of the user who intends to purchase one or more products through the intermediary. of the website and is therefore:
(i) the person to whom the user orders his order to accept the offer and conclude the contract;
(ii) the subject who badumes towards the user the pre-contractual obligations arising from the offer;
(iii) the subject who concludes, with the user, the contract by baduming the corresponding obligations and rights. The contract concluded via the site must therefore be considered as concluded between the user and SEV.
4. Shopping on the site
4.1 The purchase of the products on the website is subject to registration, in accordance with clause 5) below, and is authorized for both consumers (later "consumers") and for professionals (later "professionals") as defined in the art. 3, first paragraph, lett. a) and c) of the Consumer Code. Individuals are only allowed to buy if they have completed the eighteen years.
4.2 the seller reserves the right to refuse or cancel orders from:
(i) by a user with whom there is an ongoing dispute;
(ii) by a user who has already violated these Terms and / or conditions and / or conditions of the contract with SEV;
(iii) by a user involved in any fraud and, in particular, credit card fraud;
(iv) by users who have issued false, incomplete or, in any case, inaccurate identification data.
5. Registration on the site
5.1 Registration on the site is free. To register on the site, the user must fill out the appropriate form in the "Create a new account" section of the site by entering your last name, first name, address, date of birth, an e-mail address and a pbadword, and then click the button. [Crea un Account].
5.2 Registration on the site, by opening a personal account called "My account", allows the registered user (and subsequently" registered user ") to:
– save and modify your data;
– access all information concerning orders and returns;
– follow the status of the order;
– manage personal data and update them at any time;
– use the dedicated services that may be activated from time to time by the Seller;
– expresses its consent to the processing of personal data for the sending, by SEV, of newsletters.
5.3 The e-mail address and pbadword provided by the user when registering on the website (as well as the "Identifiers") should be kept with extreme caution. They can only be used by the user and can not be transferred, without the prior agreement of the latter, to third parties. The user therefore undertakes to keep them secret and to ensure that no third party has access to them. The latter also agrees to immediately inform SEV in the event that he suspects or becomes aware of his misuse or undue disclosure.
5.4 The registered user guarantees that the personal information provided during the registration process on the website is complete and truthful and undertakes to hold the seller unharmed and safe from any damage , obligation to repay and / or penalty arising from and / or in manner related to the violation of the rules of registration on the website or retention of credentials.
6. Information for the conclusion of the contract.
6.1 In accordance with the Legislative Decree of 9 April 2003, n. 70 setting the provisions on electronic commerce, SEV informs the user that:
(i) to conclude the contract for the purchase of one or more products on the site, the user must complete the order in electronic format and transmit it to SEV, electronically, following the instructions which appear from time to time on the site. (hereinafter also the "Order / s");
(ii) the contract is concluded when the order reaches the server for which SEV uses;
(iii) before proceeding with the transmission of the Order, the user will be able to identify and correct any errors when entering the data by following the instructions posted on the Site or by amending the Order herself;
(iv) after the transmission of the order in relation to one or more products, the user can modify his order by accessing the zone "My orders"and following the instructions of the Site, until in the aforementioned area, it will no longer be indicated that the order can not be changed, because the Product is prepared for shipment, in all the cases except for the right of withdrawal pursuant to Article 16. which follows.
(v) Once the order has been registered, the Seller will send to the user, at the indicated e-mail address, the confirmation of the order (hereinafter also "Order confirmation") Containing: a hypertext link (hereinafter also" link ") to these general terms of sale published on the website and applicable to the contract, the information regarding the essential characteristics of the product purchased, the detailed indication of the price , the means of payment used, delivery charges and any additional costs, as well as information on the right of withdrawal;
(vi) the Order will be archived in the Seller's database for the time required to fulfill the Order and, in any event, in accordance with the law. The essential elements of the order will be indicated in the order confirmation. In addition, the registered user can access the purchase order by consulting the section "My orders"present on the site.
6.2 The language available to users for the conclusion of the contract is Italian. The seller's customer service is able to communicate with users in the same language.
7. Product information and availability.
7.1 The products on the website are available and can be purchased until exhaustion, so that only orders can be accepted within the limits set by the quantity of products available.
7.2 The products offered on the site are those listed in the section of the site called "STORE" at the time of placing the order by the user.
7.3 The availability of products on the site is monitored and updated constantly. However, due to simultaneous purchases on the Site, it is possible that, for technical reasons, the Product, even accompanied by the word "Available", does not result, after the transmission of the Order, of immediate availability.
7.4 If the product turns out not to be available for the reasons indicated in clause 7.3 above or in other cases of unavailability of the product, without prejudice to the rights that the law recognizes to the 39, and in particular Chapter XIV of Title II. Book IV of the Civil Code, SEV will inform you immediately by e-mail. In such cases, the user will then have the right to immediately terminate the contract, with the exception of the right to remedy, under the provisions of the art. 61, IV and V comma, of the code of consumption. Otherwise and without prejudice to this right, the user may accept any of the following proposals from the seller:
(i) if rebadortment of the product is possible, an extension of the delivery terms, with indication by SEV of the new delivery period of the re-produced product;
(ii) if a rebadortment of the product is not possible, the supply of a different product, of equivalent or greater value, subject to the payment, in the latter case, of the difference and the Express acceptance of the user. The latter is required to promptly communicate his choice to the seller when he is contacted by the customer's badistance.
7.5 In the event that the user makes use of the right of termination in accordance with art. 61, IV and V paragraph, Code of consumption and payment of the total amount due, including the price of the product, delivery charges, if any applied, as well as any additional cost resulting from the order itself also "Total amount due") has already taken place, SEV will refund the total amount due without undue delay and, in any case, within 15 (fifteen) working days from the sending of the order.
7.6 The amount of the reimbursement referred to in clause n. 7.5 above, will be communicated to the user by email. In the case of a payment by credit card, the total amount due will be credited on the same payment method as that used by the user for the purchase. Possible credit delays may depend on the bank, the type of credit card or the payment solution used.
7.7 In the case of orders for several products (hereinafter alsoMultiple order"), if the unavailability occurs only for some of the products covered by the multiple order, without prejudice to the rights granted to the user by the law and, in particular, Chapter XIV of Title II of the book IV of the Civil Code and without prejudice to the application of clauses 7.4 and 7.5 above, if the unavailability of the goods concerns all the Products covered by the Order, the Seller will immediately inform the user by e-mail.
7.8 In the cases indicated in the preceding clause, the user will have the right to terminate the contract immediately, within the limits of the product or products become unavailable, subject to the right to repair, under and under the provisions hereof. . 61, fourth and fifth paragraphs of the Consumer Code. Otherwise, the user can accept any of the following SEV proposals, without prejudice to this right:
(i) if it is possible to rebadign the products covered by the multiple order that become unavailable, an extension of the delivery terms of these products, with indication of the new delivery date;
(ii) if it is not possible to reallocate the Product and / or the Products that have become unavailable, the supply, in substitution for the Products subject to the Multiple Order, of different products, of equivalent or greater value, against payment, in the last case, of the difference and after express acceptance of the user. The latter is required to promptly communicate his choice to SEV. when contacted by the customer service of the latter
7.9 In the event that the user makes use of the right of termination in accordance with art. 61, IV and V comma, Consumer Code, the contract concerning the product and / or the products become unavailable will be partially solved, limited to this product (s), resulting in the return of the amount due, s & # 39; it is already paid, in relation to these products and any other additional cost due to specific products (hereinafter also "Partial amount due"), the resolution of the entire Multiple Order is only possible in the case of an obvious and proven ancillary nature of the Multiple Order Products that have become unavailable in relation to the other Available Multiple Order Products.
7:10 The partial amount due to the product (s) become unavailable (s) will be refunded without undue delay to the user and, in any case, within 15 (fifteen) working days from the sending of the order. The refund amount will be communicated to the user by email. In the case of a credit card payment, this amount will be credited to the same payment method used by the user for the purchase. Possible credit delays may depend on the bank, the type of credit card or the payment solution used.
8. Price
8.1 Prices are expressed in euros (€) and include the value added tax (VAT) in force.
8.2 For the purchase, it is necessary to take into account the price displayed at the time of the registration of the Order: for this reason, in case of decrease in the value, no difference will be noted on what has already been paid.
8.3 SEV reserves the right to change prices at any time. Finally, the prices indicated on the product sheet must not be considered as including the shipping costs, which the user will find indicated on the Site.
9. Purchase Orders.
9.1 Once the registration procedure referred to in clause 5 above is complete, the user must select one or more products for which he intends to make the purchase, inserting them into a "shopping cart". "virtual, which he can always view the content before. proceed to the sending of the order.
9.2 By clicking on the "Go to checkout" button on the site page called "Shopping Cart", the user will start the transfer procedure of the order. During the formulation phase of the Order and until its actual routing, the user will however have the opportunity to view the data entered by clicking on the "Back" button, to identify and correct any erroneous information.
9.3 By clicking on the button "Order now", at the end of the procedure initiated under clause 9.2 above, the user will send the order to the seller. The return of the order by the user will promptly confirm to SEV the receipt of the order by sending an email to the email account communicated by the user. By sending this e-mail, the seller will also inform the user if the order can be accepted or not (later also "Order confirmation").
9.4 SEV will have the right to accept or reject orders received without, in case of non-acceptance, the user may badert his rights or claim actions against the seller for any reason whatsoever. In all cases, the order will be considered accepted and, therefore, the contract concluded at the moment the user will receive, on his e-mail address, the order confirmation.
9.5 In case of payment by credit card or bank transfer, SEV will deliver the Products only after receiving confirmation of the completion of the payment of the Total Amount.
9.6 The ownership of the products will be transferred to the user at the time of shipment, to understand as the time of delivery of the product to the carrier (later also "expedition") The risk of loss or deterioration of the Products, for reasons not attributable to SEV, shall however be considered as transferred to the User, where the latter, or a third party designated and different from the carrier, physically enters the Products.
10. Method of payment
10.1 The payment methods available are credit cards and bank transfers. In order for the purchase on the site to be successful, it is necessary that the user confirms the acceptance of the cookies.
10.2 Credit Card: The site accepts payments with CartaSi, Visa, Visa Electron, PostePay and Mastercard. Before proceeding with the purchase, it is necessary to check with the issuing bank that the card is activated for online purchases, as well as to enter all the data and to have the pbadword of the security circuits. Verified By Visa and SecurCode by Mastercard. depending on the credit card used. By choosing payment by credit card, the amount is charged directly to the card upon acceptance of the order.
10.3 The use of a credit card for online shopping is a convenient and safe method. The website is committed to maintaining the security of credit card information and personal data through the KeyClient solution. All sensitive data is encrypted during transmission with Secure Sockets Layer (SSL) technology, which is adopted worldwide as the most secure. All data is then stored on secure servers and away from possible Internet connections. However, it remains the responsibility of the user to verify that his browser is compatible with SSL technology to complete the order.
10.4 Bank transfer: the user must make the transfer within 3 (three) days from the date of the order. Otherwise, the order will be canceled and the products made available again to be purchased by other customers. The user who has not made the transfer can be contacted by the seller's customer service department to clarify if the cause of the credit default is attributable to the user's desire not to confirm the transaction. Purchase, or some other cause.
Data for the transfer:
IBAN: EN 85 D 03069 22805 1000 0000 1490
Reason: The user must indicate the date and the number of the order in the reason for the transfer, which appears in the order confirmation.
11. Payment at one of the collection points in cash, by credit card or by debit card.
11.1 In the case where the user chooses, as a means of delivering the products, the delivery to one of the collection points indicated in the following clause 15, the payment of the products can be made at the collection point at the moment withdrawal in cash. , credit card or debit card. Credit cards that can be used are MasterCard, Visa and PagoBancomat.
11.2 The product will be delivered only if the person making the withdrawal is also the holder of the credit card to use for the payment.
12. Billing
12.1 The commercial invoice will be available by accessing the "My Account" area on the website, ie it will be sent in PDF format at the request of the user. Therefore, during the purchase process, the user will be required to provide billing information.
12.2 For the issuance of the invoice, it will be the authentic information provided by the user, that he declares and guarantees the veracity of their content, the fact of transmitting it to SEV, as well as others, goes into this meaning.
13. Time and delivery methods
13.1 The delivery of Products purchased on the Site is carried out in Italy and abroad at the delivery address indicated by the user, in the Order and is billed to the latter on the basis of the indicated rates. in the section of the Site "Shipping Costs and Deadlines".
13.2 All information required for delivery must be completed accurately by the user. SEV is therefore not responsible for non-delivery due to an incorrect delivery address or phone number. Any additional costs resulting from complications during delivery or non-delivery will, in these cases, be billed directly to the user.
13.3 The summary of the order and, therefore, before the user proceeds to the transmission of the order, the total price of the order will be indicated, with a separate indication of delivery charges and other additional costs. This total, which will also be indicated to the user in the order confirmation email, will constitute the total amount owed by the user in relation to the Product (s).
13.4 The delivery of Products purchased on the Site may be made at the option of the user: i) the postal address specified by the user in the order ("Home Delivery") or ii) to the One of the withdrawal points mentioned in the following clause 15 selected by the user during the process of purchase ("Delivery at the point of withdrawal"). In the latter case, the delivery must be considered free.
14. Home delivery.
14.1 In the case of home delivery, the products purchased on the website will be sent and delivered to the postal address indicated by the user in the order by a courier service designated by the seller or via Poste Italiane .
14.2 The user acknowledges that the withdrawal of the product constitutes his specific obligation under the contract. Therefore, if the delivery does not succeed due to the absence of the consignee or because of the last attributable to the latter, the contract may be considered terminated by operation of law, in accordance with the law. art. 1456 cc, when the user does not provide for the withdrawal of the product within a period of seven (7) calendar days from the second day after the notice of pbadage of mail or, in case of delivery by Poste Italiane within 30 calendar days of the second day following the delivery attempt by the person in charge of the delivery.
14.3 Following termination of the right in accordance with clause 14.2 above, SEV will be required to reimburse the user the total amount due if the user has already paid, after deduction of the charges for the uncompleted delivery, fees. the return costs and any other costs incurred by non-delivery due to the absence of the consignee which will, in any case, be quantified by the SEV itself.
14.4 The seller badumes no responsibility for the delay in the delivery of the goods, caused by a malfunction of the postal service and / or messenger and / or in case of force majeure, such as natural events, strikes, traffic jams and particular peak periods.
14.5 If the products delivered do not comply with what is ordered by nature, quality or quantity, the user is entitled to report the defect within 14 (fourteen) days of receipt of the goods.
15. Delivery to a collection point
15.1 At the option of the user, the Products purchased may be delivered to one of the collection points activated by the Seller ("Point of Withdrawal" or, in the plural, "Points of Withdrawal") indicated, in detail. , at the Internet address www.prealpina. fr / contact / advertising.
15.2 If the user intends to choose the method of delivery provided in clause 15.1 above, the latter must select, during the purchase procedure, the option "Removal at the "point of care" and choose the desired point of care. that the delivery is made. For each meeting point, the address, the telephone number and the opening hours are indicated.
15.3 The product can be picked up by the user from Monday to Friday, during the opening hours of the pickup point, with the exception of holidays. In the case of a prepaid order, to remove the product, the user must provide the pickup point the order number and show him an ID on request. In the case of an order for which payment must be made at the point of pick-up at the point of pick-up, the user must indicate the order number, provide a piece of identity and arrange payment according to one of the methods indicated in clause n. 11. which precedes. If you can not personally collect the user, you can delegate a third party in writing. The power of attorney must be accompanied by a copy of the identity document of the user and the delegate, as well as the indication of the order number.
15.4 The user is obliged to withdraw the product within seven (7) days of receipt of the order confirmation. If the user does not fulfill this obligation, the contract may be considered terminated by operation of law, in accordance with art. 1456 c.c .. Following the cancellation, the order will be canceled and SEV will refund the total amount due, if it has already been paid by the user.
16. Right of withdrawal
16.1 Product sales via the Internet are governed by Legislative Decree 206/2005 (Consumer Code) and Legislative Decree of 21 February 2014, no. 21, which implements Directive 2011/83 / EU on consumer rights.
The user has the right to terminate the contract, return the purchased product and obtain reimbursement of all expenses incurred.
In case of purchase of goods, the consumer has a period of fourteen (14) days from the taking of physical possession of the property.
16.2 The user may exercise his right of withdrawal by sending to SEV, before the expiry of the withdrawal period, a written and explicit communication indicating, for reference, the order number indicated in the order confirmation) . The communication address is: SEV S.p.a., Via Tamagno, 13, (21100) Varese, or by email to the address [email protected].
16.3 In accordance with art. 55, second paragraph, of the Consumer Code, the user shall not be entitled to withdraw in the following cases:
i) Service contract after full service delivery if the execution started with the express agreement of the user and with the acceptance of the loss of the right of withdrawal as a result of the complete execution of the contract by SEV;
(ii) goods or services the price of which is related to fluctuations in the financial market which the trader is unable to control and which may occur during the withdrawal period;
(ii) supply of customized or tailored products;
(iii) products which, by their very nature, can not be returned or are likely to deteriorate or expire quickly;
(iv) the supply of sealed products which can not be returned for reasons of hygiene or which are related to the protection of health and which have been opened after delivery;
(v) the provision of sealed audio or video recordings or sealed computer software opened after delivery;
(vii) the supply of newspapers, periodicals and magazines, with the exception of subscription contracts for the supply of such publications;
vi) provision of digital content (audiovisual or software) through non material support, if the implementation has begun. By sending the order, the user declares to have read this clause and declares to consent, in this case, to the loss of the right of retraction.
16.4 In addition, the right of withdrawal can not be exercised by the user if the product is not intact, namely:
– in the absence of the original packaging;
– en l'absence d'éléments constitutifs du produit;
– pour les dommages au produit causés par l'utilisateur.
17. Retour de produits.
17.1 Pour retourner les produits après l'exercice du droit de rétractation, l'utilisateur dispose d'un délai de 14 (quatorze) jours à compter de la livraison du produit pour contacter le service clientèle afin d'ouvrir la procédure de retour.
17.2 Le service client organisera la procédure de retour, qui doit être envoyée par l'utilisateur à SEV S.p.a. – bureau d’abonnement, Via Tamagno, 13 (21100) Varese.
17,3 Les produits doivent être renvoyés correctement protégés dans leur emballage d'origine, en parfait état de revente (non usés, endommagés ou salis par l'utilisateur). Les coûts et risques liés au retour des Produits sont à la charge de l'expéditeur.
17,4 Les remboursements seront effectués dans les 14 (quatorze) jours suivant la réception des marchandises par le vendeur, sur communication préalable de l'IBAN. Le remboursement comprend le prix d'achat des produits commandés et les frais d'expédition, à l'exception des frais d'expédition pour le retour du produit, qui restent à la charge de l'utilisateur. Le remboursement sera effectué en créditant le compte bancaire de l'utilisateur.
18. Responsabilità.
18.1 Le fotografie ed i testi dei Prodotti presenti sul Sito sono a puro titolo esemplificativo e potrebbero essere difformi dai Prodotti medesimi o modificate senza alcun preavviso. Di conseguenza SEV non può essere ritenuta responsabile per eventuali errori derivanti da queste immagini o testi illustrativi.
18.2 SEV non può essere ritenuta comunque responsabile per violazione del presente Contratto in caso di mancanza od indisponibilità del Prodotto in ragione di cause di forza maggiore, guasti, interruzioni o sciopero totale o parziale dei servizi postali e trasporti e/o delle telecomunicazioni.
19. Proprietà intellettuale
19.1 Tutte le informazioni riportate sul Sito, tutti i marchi riprodotti nel Sito, tutti i programmi e/o tecnologie previste in relazione ai Prodotti e, più in generale, tutto o parte del Sito stesso, sono riservati e protetti. È vietato riprodurre marchi e loghi in uso dal Sito: l’utente inoltre s’impegna a non copiare, modificare, tradurre, riprodurre, diffondere, vendere, pubblicare, valorizzare e diffondere in altro modo in un formato diverso in forma elettronica o di altro tipo in tutto o in parte le informazioni (anche parziali) presenti sul Sito.
20. Privacy
20.1 I dati comunicati dall’utente necessari all’esecuzione del Contratto sono trattati in conformità alle disposizioni del D.Lgs. n. 196/2003 in materia di “Protezione dei dati personali”. Conformemente all'impegno ed alla cura che SEV dedica alla tutela dei dati personali, l’utente viene informato sulle modalità, finalità e ambito di comunicazione e diffusione dei Suoi dati personali e sui suoi diritti, in conformità all'art. 13 del D.Lgs. n. 196/2003.
20.2 Per offrire all’utente servizi personalizzati previsti dal Sito e in qualità del titolare del trattamento, SEV deve trattare alcuni dati identificativi per l'Erogazione del Servizio. In particolare i dati sono Dati di Navigazione, Cookies e Dati personali. Per ulteriori informazioni al riguardo consulta la sezione "Dati e Privacy" presente sul Sito.
21. Giurisdizione e Foro competente.
21.1 Il Contratto è soggetto al diritto italiano e la lingua del presente Contratto è la lingua italiana.
21.2 In caso di controversia il Foro competente è quello di Varese. Tuttavia, qualora l’utente dovesse rivestire la qualità di Consumatore, ai sensi delle disposizioni in materia di consumo e della disposizione di cui all’art. 1469 bis c.c., il Foro competente è quello del luogo in cui l’utente risiede.
21. Servizio Clienti.
21.1 Per qualsiasi informazione relativa all’Ordine inviare una e-mail a [email protected], indicando come oggetto dell'e-mail il tipo di richiesta (per esempio: "problema tecnico"), utilizzando il proprio indirizzo e-mail di registrazione e spiegando brevemente il problema.
21.2 Tali riferimenti non sono utilizzabili per ordinare i prodotti del Sito.
[ad_2]
Source link
