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General conditions of Sale
The sale of products on the Site is governed by these General Conditions of Sale ("CGS"). Every time the user submits an order through the Site, the user expressly accepts the application of the GCS.
1. Products; identity of the Seller; contacts.
The products that are offered for sale on the Site ("Products") are packaged by the Seller (as defined below) and are sold directly by the latter, without intermediaries.
The seller ("Seller") is the company "Sol.Pel.Otic. S.r.l. ", having its registered office in via Lepanto n. 9, Casalmaggiore (CR), fraz. Roncadello, post code 26041, Tax Code, VAT number. and registration number in the Cremona Business Register 01160970198, REA CR - 147764.
The Lender can be contacted using the following telephone number: +39 0375 59189 or by e-mail at the following address: info @ solplelotic. com or, again, by filling in the appropriate form corresponding to the following link: https://www.solpelotic.com/contatti
The contact channels are always available in the "CONTACTS" area on the Site.
2. The commercial policy of the Seller
The Products for sale on the Site are intended only for customers of legal age who make purchases as consumers, meaning a natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity that may be carried out. Customers, therefore, can purchase the Products on the Site exclusively for personal use and not for commercial purposes, such as for subsequent resale. Anyone wishing to place orders for professional purposes, whether for the use of the Products in the context of a business, commercial, craft or professional activity or for a subsequent resale of the same, is requested to contact the Seller, using the channels reported in the "CONTACTS" section of the Site, in order to establish an adequate contractual relationship.
Due to the foregoing, the Seller reserves the right not to accept purchase proposals ("orders") from minors or non-consumers or, in any case, orders that do not comply with its commercial policy, such as orders in relation to to whom there is a report or suspicion of fraudulent or illegal activity. In such cases, the customer will be notified of the non-acceptance of the order. All orders placed must correspond to normal consumption needs; to this end, the Seller monitors the purchases made by each customer.
These GTCs exclusively regulate the purchase and sale operations of the Products carried out through the Site. They therefore do not regulate the sales operations completed by the Seller through other channels, nor the supply of services or the sale of goods by parties other than the Seller, even if the customer has received contact through the Site, such as through links, banners, advertising messages appearing on the latter. The Seller will in no way be responsible for this last type of operation and invites the customer to carefully check the identity of the seller, the characteristics of the products and the conditions of sale applicable in such circumstances.
3. Information aimed at concluding sales contracts (Article 12 of Legislative Decree No. 70/2003).
To conclude a sales contract for one or more Products on the Site, the customer must send an order electronically by filling in the appropriate form available on the Site and following the relevant instructions.
The Seller recommends that the customer, before transmitting the order, carefully read these GCS, including the conditions relating to the right of withdrawal, and to print or save a copy for long-term storage. A link for viewing these GCS (which form a single document together with the GCS) is always present in the order form, as well as in the footer of the Site.
In accordance with art. 51, paragraph 4, of Legislative Decree no. 206/2005 ("Consumer Code"), before the order is forwarded, the Site will display the cart, which provides a summary of the main characteristics of the Products being ordered, the identity of the Seller, the total price , the methods of payment and other conditions of sale applicable to the order including the conditions of withdrawal, the methods and estimated times of delivery and the related costs. Furthermore, these GCS will always be available for consultation, accessible via the appropriate link.
The transmission of the order by the customer to the Seller will in effect constitute a contractual proposal by the customer. Before proceeding with the transmission, therefore, the customer is requested to check and, if necessary, correct possible errors in the data and information present in the cart.
Once the order has been sent, the customer will receive an e-mail from the Seller to confirm receipt of the order. This communication will contain a summary of the order (Products purchased, price including applicable taxes, means of payment, estimated times and shipping costs), as well as a link to these GCS, including the conditions relating to the right of withdrawal. Receipt of the aforementioned e-mail will not constitute acceptance of the order.
The order will be considered accepted, and therefore the sales contract will be concluded, when the customer will receive a second e-mail from the Seller, with which the acceptance of the order and the goods ready for shipment will be confirmed. This communication will again contain the summary of the essential data of the order and a link to these GCS, including the conditions relating to the right of withdrawal, which will govern the contract just concluded. Until the receipt of this acceptance e-mail, the customer will have the right to cancel the order.
In the case of orders for customized products, the order confirmation may be preceded by an e-mail from the Seller, in which the customizations will be presented and confirmation of satisfaction from the customer will be requested.
The order will be filed in the Seller's database for the period of time necessary for the fulfillment of the same order and, in any case, in accordance with the law. The customer can always get updates on the status of the order by contacting the Seller through the channels listed in Article 1 of these GCS.
The languages available for the conclusion of sales contracts are Italian, English and Russian.
The Seller may not accept orders that do not give sufficient guarantees of solvency or that are incomplete, incorrect or unreliable or in the event of unavailability of the Products that form the subject. In such cases, the Seller will send the customer without undue delay an e-mail with which it will inform him of the non-acceptance indicating the reasons. In this case, if the payment of the order had already been made by the customer, the Seller will refund all the amount paid without undue delay.
4. Products, prices, warranty.
The Seller only sells Products packaged by the same and of first quality. It does not sell second-hand, used, flawed or inferior quality products commonly offered on the market.
The essential characteristics of the Products are presented on the Site within each product sheet. The images and colors presented on the Site may, however, not fully correspond to the real ones due to the characteristics of the hardware and software used by the customer.
The prices offered on the Site may be subject to updates; therefore the Seller recommends that the customer carefully check the price of the Products subject to the order before transmitting the latter. In the event that the Seller finds an error in the indication of the price on the Site or in the calculation of the amount requested in payment, the Seller reserves the right to suspend the order and to contact the customer in order to inform the latter of the error and to allow him to place an order at the correct price.
The Seller reserves the right not to accept orders from countries not covered by the online sales service, for example for reasons of shipping costs, customs conditions or export restrictions determined by law or by provisions of the competent authorities.
All Products are covered by the legal guarantee for lack of conformity, in accordance with the applicable law (articles 129 and following of the Consumer Code, to which express reference is made for a more complete regulation of the matter).
The Products are presumed to have lack of conformity if at least one of the following circumstances is present:
a) they are not suitable for the use for which goods of the same type are usually used;
b) do not conform to the description given by the Seller or do not possess the qualities of the goods that the Seller has presented as a model;
c) do not have the usual quality and performance of a good of the same type, which the consumer can reasonably expect, taking into account the nature of the good and, where applicable, the public statements on the specific characteristics of the goods made in this regard by the Seller, in particular in advertising or on labeling;
d) they are not suitable for the particular use desired by the consumer, which has been brought to the attention of the Seller by the latter at the time of the conclusion of the contract and which the seller has also accepted for conclusive facts.
A lack of conformity is not considered to exist if, at the time of the conclusion of the contract, the customer was aware of it, could not ignore it with ordinary diligence or if the defect derives from instructions or materials provided by the same customer.
The aforementioned legal guarantee has a duration of 24 (twenty-four) months from the date of delivery of each Product. The lack of conformity covered by this legal guarantee must be reported to the Seller within 2 (two) months from the discovery of the same by the customer, under penalty of forfeiture. The action is prescribed in any case within 26 (twenty-six) months from the delivery of each Product.
There is no conventional guarantee, other than the legal one as described above.
The guarantee can be asserted by the customer by contacting the Seller through the channels listed above in Article 1 and clearly indicating the order number and the disputed Product and describing the discrepancies found. The customer must return the defective Product with shipping costs at his own expense. Once the Product has been received, the Seller will verify the existence of the conformity defects reported and, therefore, will send the customer an e-mail confirming or refusing the dispute.
In the event that the lack of conformity is confirmed, the customer will be entitled to obtain the repair or replacement of the Product in question, free of charge in both cases. The choice between one remedy and the other will be up to the customer, unless the requested remedy is objectively impossible or excessively burdensome compared to the other. In the event that both remedies are impossible or excessively burdensome, the customer will be entitled to a price reduction or termination of the sales contract, in accordance with art. 130 of the Consumer Code to which reference is made.
In any case, once the existence of the lack of conformity has been confirmed, the Seller will reimburse the customer for the costs of returning the Product.
In the event that the existence of the lack of conformity is not confirmed, the Seller will send the customer an e-mail refusing the dispute and the customer will have the right to receive the Product again, with shipping costs at his own expense. If you opt not to receive the Product again, the Seller will be entitled to withhold the latter and the purchase price paid by the customer.
The means of payment accepted by the Seller are the following:
- credit / debit card,
- bank transfer,
The customer can choose between one of them when filling out the order form. In no case will the customer be charged with costs higher than those actually incurred by the Seller, in relation to the chosen payment instrument.
In case of payment by credit / debit card, the financial information will be forwarded, via encrypted protocol, to the SIApay S.r.l. or to other banks that provide the related remote payment services, without third parties having access to them. The Seller takes all measures reasonably necessary to implement the security of the data that are stored in its IT systems; it cannot, however, guarantee the security of the telematic networks on which such data circulate. The above financial information will never be used by the Seller except to complete the procedures relating to the specific sale transaction and to issue the related refunds in the event of failure to complete the contract or exercise the right of withdrawal or refund in the event of Defective products. An exception to the above will be the case in which it is necessary to prevent or report any fraud on the Site to the competent authorities.
The price of the Products and the related shipping costs, as specified in the order, will be charged to the customer at the time of order confirmation.
6. Shipping and delivery of the Products
The Products sold on the Site are shipped using the following couriers: GLS. The Seller undertakes to ship the ordered Products within 20 (twenty) days of order confirmation. Transport costs and guaranteed delivery times vary according to the shipping methods chosen by the customer each time and are reported in the relevant information contained in the order form. The Seller recommends that these conditions be carefully checked, since they will form an integral and substantial part of the sales contract.
7. Customer service.
The customer will be able to request any type of information by contacting the Seller through the channels listed in Article 1 of these GCS.
8. Right of withdrawal and return policy.
In accordance with art. 52 of the Consumer Code, the customer has the right to withdraw from the contract concluded online with the Seller without any penalty and without having to provide any reason (so-called "right of reconsideration") within 14 (fourteen) days from the date on which the same customer has received the Products covered by each order. In the event that with a single order the customer has purchased multiple goods delivered separately, the term of 14 days will run from the date of receipt of the last good. In the case of goods consisting of several pieces delivered separately, the term of 14 days will run from the date of receipt of the last piece. In case of periodic delivery of goods for a certain period, the 14-day term will start from the date of receipt of the first good.
- The customer may communicate to the Seller his decision to withdraw by:
- the complete compilation and sending by paper or electronic mail, to the Seller's contact details indicated in article 1 above, of the form at the bottom of these GCS, compliant with the one attached to the Consumer Code pursuant to art. 54, paragraph 1, letter a) of the same Code;
- the sending by paper or electronic mail, to the Seller's addresses indicated in the preceding article 1, of another communication containing the explicit declaration of will to withdraw and a clear reference to the order and to the Product (s) subject to withdrawal.
In case of sending by paper mail, it will be the customer's responsibility to prove that the communication has been sent within the aforementioned deadline. For this purpose it is advisable to use the registered letter with return receipt.
Once the right of withdrawal has been exercised, the customer will be required (pursuant to Article 57 of the Consumer Code) to return the Product (s) subject to withdrawal within 14 (days) from the date of communication to the Seller of the decision to withdraw . This deadline will be considered respected if the customer has shipped the goods by the deadline indicated above. The direct costs of returning the Product (s) will be borne by the customer. The customer will be responsible for any decrease in the value of the returned goods resulting from their handling other than that strictly necessary to establish their nature, characteristics and functioning.
It should be noted that (pursuant to art.59 of the Consumer Code) the right of withdrawal is excluded in relation to goods made to measure or clearly personalized or in relation to sealed goods that are not suitable to be returned for hygienic reasons or connected to the protection of health and were opened after delivery.
The customer will have correctly exercised the right of withdrawal and, therefore, will be entitled to a refund of the price, in the presence of all the following conditions:
- the right of withdrawal has been exercised within the terms established above and in the manner indicated above;
the Product (s) have been returned within the term established above; li >
- the Product (s) have not been used, worn, washed, are in perfect condition and not altered, with all the protective materials and with the identification tags and stickers still attached, together with the accessories and attached documentation ;
- the Product (s) have been returned in their original packaging and, if they are part of a multiple good or kit, all the parts that compose it have been returned.
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In the presence of all the conditions listed above, the Seller will refund the customer the full price received for the Product (s) subject to withdrawal, plus the shipping costs relating to the original purchase; in this last regard, however, it is specified that the Seller will not be required to reimburse the additional costs if the customer has expressly chosen a type of delivery other than the least expensive type offered by the Seller. The shipping costs relating to the return will be borne by the customer, unless the Seller has expressly agreed otherwise. The risk of loss or damage to the Product (s) during the transport of the return will be borne by the customer.
Once the returned Product (s) has been received and the conditions listed above have been verified, the Seller will send the customer an e-mail confirming acceptance of the return and will proceed with the refund without undue delay, i.e. within 14 ( fourteen) days from the date on which the Seller was informed of the customer's decision to withdraw, but in any case (pursuant to Article 56, paragraph 3, of the Consumer Code) not before the Seller has received the Product (s) object of return and has been able to verify the existence of the conditions.
If the conditions listed above are not all verified, the Seller reserves the right not to accept the return or, alternatively, to consequently reduce the refund amount, informing the customer via e-mail of the reasons and any amount deducted. .
The refund will be made with the same payment method used by the customer for the related order. The re-credit time will depend on the payment method used. If there is no correspondence between the recipient of the Product / s indicated in the order and the one who made the payment of the price, the refund will in any case be made in favor of the one who made the payment.
9. Applicable law and dispute resolution.
Without prejudice to the application of mandatory rules of European derivation to protect the consumer and without prejudice to the provisions of art. 6, paragraph 2, Reg. (EC) n. 593/2008, these GCS (and, with them, the individual sales contracts regulated by them) are subject to Italian law and in particular by the Consumer Code and by Legislative Decree n. 70/2003.
Without prejudice to the hypotheses of mandatory experimentation of out-of-court dispute resolution procedures (for example: Article 5, paragraph 1-bis, Legislative Decree no. 28/2010; Article 1, paragraph 11, Law no. 249 / 1997), the Seller informs the customer that the European Commission provides a platform for online dispute resolution (so-called "Online Dispute Resolution" or "ODR"): this is an official website managed by the European Commission to help consumers and merchants to resolve their disputes out of court. The customer therefore has the full right to resort to this remedy whenever he considers his rights by the Seller to be infringed in the context of an online transaction, by accessing the following link: https://ec.europa.eu/consumers/odr/ main / and taking care to enter, as the merchant's e-mail address, the following: email@example.com.
However, the Seller invites the customer, before proceeding as above, to contact him directly through the channels indicated in article 1 of these GTC: the Seller offers accurate customer service and strives to adopt ever higher standards in management and resolution. reports and requests for assistance from its customers; it will therefore be his responsibility to try to reach a reasonable and satisfactory solution for the customer and the report will be an opportunity to further improve his Services and / or Products.
For all disputes relating to these GCS (and, with them, to the individual sales contracts regulated by them) the Court of the place of domicile or residence of the customer will be competent according to the applicable law or, at the choice of the customer himself, the Court of Cremona.
10. Modification and updating of these GCS.
These GCS are periodically updated and amended, also in consideration of regulatory requirements. The new GCS will be valid and effective starting from their publication on the Site. The Seller therefore recommends that you consult these Conditions frequently, at least every time you place an order, by clicking on the appropriate link that is shown in the order form as well. as in the confirmation emails. A link to consult the CGS is always present in the footer of the Site.
* * *
TYPE WITHDRAWAL FORM
pursuant to art. 54, paragraph 1, lett. a) of the Consumer Code
(complete and return this form only if you wish to withdraw from the contract)
- Recipient: Sol.Pel.Otic. S.r.l., via Lepanto n. 9, 26041 Casalmaggiore (CR), Fraz. Roncadello, telephone: +39 0375 59189, e-mail: firstname.lastname@example.org
Hereby I / we (*) notify the withdrawal from my / our (*) sales contract for the following goods
- Ordered on (*) / received on (*)
- Name of the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only if this form is notified on paper)
(*) Delete where inapplicable