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General Terms and Conditions of on-line sale
1. Purpose of the on-line contract
– “Supplier”: Elevain srl unipersonale, with registered offices in Italy, Milano, Via Vivaio n. 6 – 20122 – Milano, Tax Code and VAT n° 10572290962, offers all users the possibility of buying its products through the internet site “aerialdesign.it” of which it is the sole and exclusive owner.
– “Customer”: the person who buys the products offered for sale on-line by the supplier as a consumer (a natural person acting for purposes not involved in his/her customary trade, business or profession – Article 3 of the Consumer Code – Italian Legislative Decree n° 206/05) or for purposes related to his/her trade, business or profession.
– “Conditions”: these terms and conditions of sale are applied by the Supplier exclusively in relationships with customers making on-line purchases.
If these conditions are changed, the conditions valid at the time of the customer sends the order shall be applied to the purchase.
The customer is required to read these terms and conditions carefully; they are available at aerialdesign.it for reference at all times.
The terms and conditions of sale are governed by current Italian law applicable to sales and, where so envisaged, by the Consumer Code (Italian Legislative Decree n° 206/2005 as amended), Section II, Distance Contracts (articles 50 – 67) and standards concerning electronic commerce (Italian Legislative Decree n° 70/2003).
2. How to place an order
2.1 The products and prices listed on the aerialdesign.it site are a public offering in accordance with the procedures specified in these Conditions of Sale and on the site itself. The terms and conditions of this offering apply only to purchases made through the site. Purchase contracts stipulated through the site are made with Elevain srl unipersonale (Supplier).
2.2 Orders may be placed by compiling the order form available on the site aerialdesign.it after registering and creating a personal account. By sending the order, the customer acknowledges and declares having read all the information provided during the purchase procedure and to accept these General Terms and Conditions of Sale in full.
2.3 The order procedure is completed on receipt of the order by the Supplier. In this case, the Supplier will provide confirmation of order by sending a confirmation of order notice to the e-mail address indicated by the Customer. This confirmation lists the articles selected, prices (including delivery costs), the delivery address, the order number and any other conditions that may be applicable to the order. The Customer undertakes to make sure that data is correct and notify the Supplier immediately if there are any errors. Any higher costs caused by data errors which are not reported in timely fashion will be borne by the Customer.
2.4 The Supplier will issue an invoice/receipt for products purchased sent to the Customer by e-mail. The invoice will be issued on the basis of the information provided by the Customer. It will not be possible to modify any data after the invoice has been issued.
2.5 Products offered for sale may occasionally be totally or partially unavailable. In such cases, the Supplier shall inform the Customer in a timely manner.
3. Sales prices
The prices of products on sale are shown in euros and include VAT.
The price shown on the website at the time of the placing the order is applied.
4. Payment methods
4.1 Payment must be made on-line by credit card.
4.2 On confirming the order, the sum for the items purchased will be debited to the Customer, who authorize the Supplier to credit to its account the total amount shown as the cost of purchase made on-line. The entire procedure is carried out via a secure connection linked directly to Banca Sella S.p.A., the Bank owning and managing the on-line payment service, which the Supplier may not access.
4.3 The Supplier is not responsible for any fraudulent and illegal use that may be performed by third parties, credit cards and other means of payment when making payment for the products purchased. The Supplier is at no time during the purchasing procedure able to discover the details of the Customer’s credit card, which are sent directly to the Bank operating the service; Similarly, the Supplier is unable to verify the correct and lawful origin of credit system used by the Customer.
5. Delivery methods
5.1 The Supplier assures the delivery of purchased products in Italy and abroad.
5.2 At the time placing the order, as estimated delivery date will be indicated (in any case no later than 30 days after the completion of the contract).
The Supplier, however, assumes no responsibility for disservices arising from force majeure such as accidents, explosions, fires, strikes and/or lock-outs, earthquakes, floods and other similar events which prevent, in whole or in part, the finalization of delivery within the agreed times.
5.3 The carrier engaged by the Supplier will make two attempts to deliver products to the address indicated by the Customer. If such attempts are not successful, the products will be held in stock at the carrier’s warehouse at the customer’s disposition for 5 (five) working days.
In the event of non-collection of the products by the customer within the foregoing time limit, the order will automatically be cancelled and the products will be returned to the Supplier. In this case, transport costs will not be refunded to the Customer.
5.4 Delivery expenses are charged to the Customer and are appropriately highlighted in the order.
5.5 Unless otherwise expressly indicated by the Customer, the Supplier reserves the right to process the order also through partial deliveries.
5.6 On delivery of the products, the Customer must verify that packaging is intact, undamaged, neither wet nor otherwise altered, even as regards sealing materials.
If there is visible damage to the packaging and/or the product, the Customer may refuse delivery and in this case the products will be returned to She supplier at no cost to the Customer.
Once the delivery document has been signed, the Customer cannot raise any objection about the external aspects of the products delivered.
6.1 The Supplier warrants that the goods sold are free of faults that make them unsuitable for the use for which they are intended, or which appreciably decrease their value.
All products offered for sale by the Supplier are covered by legal warranties.
6.2 If a defect emerges within two years after delivery of the goods, the Customer-Consumer (as defined in Article 3 of the Consumer Code – Legislative Decree n° . 206/05) can implement the legal warranty by notifying the defect within 2 months from the date of its discovery. The consumer is required to prove and specify the time when the defect was discovered.
On notifying the defect, the Customer may request the Supplier to provide the following alternatives:
– reinstate the conformity of the goods by means of replacement;
– an appropriate price reduction or termination of the contract if replacement is impossible or excessively burdensome.
After two years from the date of delivery of the product, the Supplier shall not be liable for conformity defects found by the Customer-Consumer.
Reference is made, in any case, as regards governance of legal guarantees to Articles 128 and thereafter of the Consumer Code.
6.3 The Customer who is not a consumer (as defined in Article 3 of the Consumer Code – Legislative Decree n°. 206/05) is entitled to enact the legal warranty provided for in the Civil Code but shall cease to be covered by said warranty if the defects in question are not notified to the Supplier within eight days of discovery. The Customer is required to prove and specify the time when the defect was discovered. The legal warranty for the Customer who is not a consumer is valid for a maximum period of 12 months from delivery of the product. After this period, the Supplier will not be held liable for conformity defects found by the customer.
6.4 In any case, the notification must be made in writing addressed to the Supplier and should contain a detailed description of the nature and extent of the fault and/or defect in question, the product identification label and a copy of the packing slip or invoice.
Notification not accompanies by the features and content as indicated above cannot be accepted as a valid complaint and will not therefore avoid the effect of the above-mentioned expiry term.
6.5 The Customer shall keep the goods delivered at the disposition of the Supplier in order to enable necessary investigations.
The Supplier, on confirming the validity of the complaint, where possible shall replace non-conforming or defective products with products of the same quantity and quality of those covered by the sales contract. In this case, the Supplier may request the return of the defective products at the expense of the Customer.
The Supplier will not be held liable for any further present or future damage and/or losses suffered by the Customer and will only respond to the extent of the value of the goods supplied and ascertained as faulty.
6.6 The warranty does not apply if the Customer cannot provide evidence of having correctly used and kept the products subject to complaint.
7. Consumer’s right of withdrawal
7.1 Only the Customer-Consumer (as defined in Article 3 of the Consumer Code – Italian Legislative Decree n° 206/05) may withdraw from the sale for any reason, without explanation and without any penalty in the manner and times envisaged by Articles 64 and 65 of the Consumer Code.
In particular, the Customer shall send the Supplier written notice by registered letter with confirmation of receipt within 10 working days from receiving the product. Such notification may be anticipated by mail to firstname.lastname@example.org
The notice of withdrawal must specify the wish to withdraw from the purchase and the product or products for which the right of withdrawal is intended to be exercised, attaching a copy of the relative invoice.
7.2 The Customer who exercises this right of withdrawal shall be entitled to a refund of the full amount of purchase including shipping costs. The Supplier will refund the Customer within 30 days of receipt of the notice of withdrawal after evaluating the integrity of returned products.
7.3 The Customer is obliged to return the goods to the Supplier within 14 days of the date of withdrawal, by sending the products to the following addresses: Elevain srl unipersonale, Via Vivaio 6 – 20122 Milano, Italy.
7.4 The right of withdrawal, however, is subject to the following conditions:
– the right applies to individual products purchased in their entirety;
– the product purchased must be returned intact, in the original package and complete in all parts (including packaging and accessory documentation);
– shipping charges for returning the product are charged to the Customer;
– shipment is made at the full responsibility of the Customer.
8. Personal data processing
The customer’s personal data is processed by the Supplier in accordance with the dispositions of Regulation (EU) 2016/679 (General Data Protection Regulation). See the Privacy notice at this link.
Any communications should be addressed to the Supplier at the following address:
Elevain srl unipersonale
Via Vivaio, 6
20122 Milano (Italy)
10. Applicable law and Place of jurisdiction
These general conditions of sale are governed by Italian law and construed pursuant thereto. Consequently, the interpretation, execution and termination of the General Terms and Conditions of Sale shall be subject exclusively to Italian law and any disputes relating to and/or arising from them shall be exclusively settled by Italian judicial authorities.
In particular, if the Customer is a consumer, any disputes shall be settled by the Courts in the place of domicile or residence of said person in accordance with applicable law or, at the choice of the consumer in the event of action taken by the consumer in person, by the Courts of Verona.
If the Customer on the other hand is an operator of a company, trade, small business or profession, by mutual agreement the parties agree to the exclusive competence of the Courts of Milano.