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The sale of products of Isotta Ltd. ("Seller") through the website https://shop.isotta-srl.com/ ("Site") is aimed exclusively at consumers, as defined by Legislative Decree 6.9.2005, no. 206 Consumer Code, as amended by Legislative Decree 21 February 2014, no. 21 ("Purchaser").
The Purchaser expressly declares that he/she is making the purchase as a consumer, therefore for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
Should the Purchaser wish to purchase the Products for any of the above purposes, please contact the following e-mail address: email@example.com.
1.1 These General Conditions of Sale ("Conditions") relate to the sale of the Seller's products ("Products") made online, through an e-commerce service, on the Site; in particular, the Conditions govern the offer and acceptance of purchase orders of products on the Site and the related distance contract. The contract between the Purchaser and the Seller is in Italian and subject to Italian law. The translation of the contract into English has the sole purpose of facilitating the reading of the contract to users and does not constitute a waiver of the aforementioned principle.
2.1 The Goods are sold directly by the Seller to the Purchaser by sending an electronic order form ("Order") and accepting these Conditions. By placing the Order, the Buyer warrants that it is of legal age (18 years) and has the legal capacity to enter into binding contracts. When placing the Order, Buyer shall provide a valid and used email address.
3) ORDER OF THE PRODUCTS AND MANAGEMENT OF THE ORDER BY THE SELLER
3.1 During the compilation of the Order, the Purchaser can view: the information and images of each Product and the relative price, the means of payment that can be used, information on the delivery methods of the Products purchased and the relative shipping and delivery costs; the Order also contains a reference to these Conditions, with express reference to the right of withdrawal.
3.2 Once the Order has been sent, the Purchaser will receive from the Seller a message of acceptance of the Order at the e-mail address indicated in the Order including the summary of the Order.
3.3 In case of incomplete or incorrect Order, as well as in case the Product/s ordered are not available within 30 days from payment, the Seller will inform the Buyer by e-mail that it is not possible to fulfil the Order, explaining the reason. In this case, the sum already committed to the Buyer's means of payment will be refunded.
3.4 The contract between the Seller and the Purchaser will be executed only when the Purchaser has received the Order confirmation. The amount will be charged in any case at the time of the Order.
3.5 The Buyer agrees to receive fiscal documents, such as sales invoice, etc., at the e-mail address indicated in the Order.
3.6 Minimum order quantity € 29,89 VAT included
3.7 Free shipping in Italy for amounts Upper to € 122,00 including VAT - Below this amount, a contribution of € 5,00 VAT included.
4) PAYMENT METHODS
4.1 The Purchaser can pay the price of the Products and the relevant shipping and delivery costs by credit card or prepaid card or by Paypal or bank transfer, selecting the method chosen when placing the Order.
5) SHIPPING AND DELIVERY OF PRODUCTS
5.1 The purchased Products will be delivered by a courier identified by the Seller to the address indicated by the Purchaser in the Order. The Purchaser shall be informed of the shipping methods, times and costs prior to placing the Order.
5.2 Each shipment by the Seller contains, in addition to the Product(s) ordered, the instruction manual, the relevant transport document and any information and marketing material.
5.3 Upon receipt of the product, the Purchaser shall check whether:
(i) the number of packages delivered corresponds to the number indicated on the transport document;
(ii) if the packaging is outwardly undamaged.
Acceptance of delivery of the products without the Buyer having entered a reservation or dispute in the transport document is equivalent to recognition of the conformity of the delivery with the Order in terms of quantity, type and packaging. Any further guarantees provided for by law in relation to the delivered products remain unaffected.
6.1 Unless otherwise specified in writing, all prices of the Goods and shipping and delivery charges shown on the Seller's website and in the Purchaser's Order are in Euros and include VAT. The prices of the Goods and the shipping and delivery charges are those indicated on the Seller's website at the time of the Order; since prices and charges may vary, without prior notice, the Purchaser is required to ascertain the final sale price before placing any Order.
6.2 If the Buyer resides in a country outside the European Union, any additional local taxes and customs charges must be added to these costs. These additional charges are indicated by the carrier at the time of delivery of the shipment and must be paid by the Buyer to the carrier; failing such payment the carrier will not make the delivery.
7) GUARANTEES FOR PRODUCT DEFECTS AND USE OF TRADEMARKS
7.1 The Seller shall be liable for any defects in the Products offered on the site that become apparent within a period of 2 years from delivery of the Product.
7.2 The Purchaser will lose all rights if he does not report the conformity defect to the Seller within two months from the date on which the defect was discovered. The Purchaser must report the defect to the Seller in writing, by registered letter with return receipt sent to the Seller's address (Via Masetti, 12/B, 40069 - Zola Predosa - BO).
7.3 In accordance with the regulations of the Consumer Code and the applicable Civil Code, the legal warranty is excluded if one of the following cases occurs: (i) the Product has been repaired, tampered with, delivered for technical examination or altered by persons other than the manufacturer, Seller or any other authorized person; (ii) the alleged lack of conformity of the product has become apparent after the term of 2 years from the delivery of the Product itself and/or the relevant request for repair or replacement of the defective product has been sent after 2 months from the discovery of the defect; (iii) the alleged defect is due (in whole or in part) to misuse and/or improper use/storage/maintenance or installation by the Purchaser or persons other than the manufacturer, the Seller or any other authorized person or is due to non-compliance with the instructions provided by the Seller and present for example in the user manual of the product or other instructions provided by the Seller with the products delivered; (iv) at the time of the conclusion of the contract, the Purchaser was aware of the defect and could not ignore it with ordinary diligence; (v) the lack of conformity derives from instructions or materials provided by the Purchaser.
7.4 The photographs, texts, graphics and information on the Seller's website regarding the Products are provided as an indication and without any liability on the part of the Seller. The Seller reserves the right to make minor variations to the Products at its own discretion.
7.5 The Seller guarantees that the products marked KBA31375 have obtained the TUV (ABE) approval. Outside the Italian territory, the Seller does not guarantee the conformity of the Products to the legislation in force. Therefore, it is the Purchaser's responsibility, before ordering the Products, to ascertain their compliance with the specific legislative provisions in force in the country of purchase.
7.6 It is the Buyer's responsibility to follow the Seller's instructions in detail during installation. The aforementioned warranty offered by the Seller shall only be effective on condition (i) that the instructions and warnings for installation, assembly, use and maintenance contained in the installation booklet supplied by the Seller accompanying the Product are observed, (ii) that the installation of the Product itself is carried out in compliance with the laws in force.
7.7 The Seller specifies that all trademarks on the site belong to their legitimate owners. Third party trademarks, logos, product names, trade names, corporate names and company names mentioned are trademarks of their respective owners and have been used by the Seller for explanatory and descriptive purposes only.
7.8 By purchasing the Product, the Purchaser declares to have read the warnings contained in the Disclaimer section.
8) RIGHT OF WITHDRAWAL
8.1 The Purchaser has the right to withdraw from the contract within 14 days from the date of receipt of the Products. Within this term, the Purchaser must send ane-mail to firstname.lastname@example.org, expressing his decision to withdraw from the contract, without any obligation to provide a reason. Within 14 days of sending the withdrawal notice, the Purchaser must hand over the products to the courier for delivery to the Seller's premises, bearing the transport costs for returning the Products.
8.2 The Seller, within 14 days from receipt of the Product object of the aforesaid notice of withdrawal, undertakes to reimburse the Purchaser for the payment received for the Product and for the shipping costs, pursuant to art. 56 of the Consumer Code (except for the higher costs deriving from the Purchaser's choice of a type of delivery other than the least expensive one offered by the Seller), using the same method of payment chosen by the Purchaser at the time of the Order.
8.3 The Seller will not reimburse the Purchaser if the returned Products are incomplete, damaged or if they have suffered a decrease in value resulting from a different handling of the same or if they are without their original packaging. In these cases, the Seller will inform the Purchaser by e-mail , enclosing photographs of the returned Products and will choose whether to have the purchased Products sent back, at its own expense; otherwise, the Seller will keep the returned Products without refunding the relative cost.
9) ARCHIVING OF ORDERS - COMMUNICATIONS - PRIVACY
9.1 Following the Order, the Purchaser accepts that all communications relating to the Products will be sent to the e-mail address indicated when the Order was placed.
10) APPLICABLE LAW - DISPUTES AND JURISDICTION
10.1 Any disputes with the Purchaser relating to the validity, effectiveness, interpretation or execution of the contract as well as, in general, relating to navigation on the Site or the use of any functionality made available on the Site, shall be referred to the judicial authority of the Court of residence or domicile of the Consumer-Client, which has exclusive and binding territorial jurisdiction.