Conditions générales de vente
The offer and sale of products made on the airohspecialedition.com website are governed by these General Conditions of Sale.
- SUBJECT, SELLER AND CONSUMER
1.2 The products purchased on airoh.it are sold directly by Locatelli S.p.A., fiscal code/P.IVA 02582780165, with registered office in Via Resistenza, 5/A - 24030 Almenno San Bartolomeo (BG) E-Mail: email@example.com, phone number Customer Service ... insert.... (the Seller). The products sold on the site can be purchased and delivered only in the countries indicated in the Order Form. Any orders for shipments outside these countries will be automatically rejected during the order processing process.
1.3 The Seller carries out its e-commerce activities exclusively towards its end-user customers as identified by the data entered when filling in and sending the electronic order form that have reached the highest age and are "consumers"(the Customer or Consumer). Consumer means any natural person who acts on the Site for purposes not related to a commercial, entrepreneurial or professional activity, possibly carried out with the exception of individuals such as traders, wholesalers, retailers, professionals.
1.4 The non-consumer customer is invited to refrain from concluding commercial transactions on the Site and, in any case, the Seller reserves the right not to follow up orders from subjects other than the Consumer or in any case to orders that do not comply with its commercial policy, such as, for example, proposals for orders for which there is a report, or suspicion, of fraudulent or illegal activities. In such cases, the Seller will inform the user of the non-acceptance of the order proposal.
1.5 The presentation of the Products on the Site, not binding for the Seller, is a mere invitation to the Customer to formulate a contractual purchase proposal and not an offer to the public.
- SELLING VIA E-COMMERCE
2.2 The Customer may place an order and complete the purchase in the following ways and upon completion of these steps:
- consultation and verification of the characteristics of the Product as described on the Site and in the relevant product sheet;
- selection of/i Product/s and the quantity you intend to buy;
- insertion of all the Products you intend to buy in the cart ("Add to cart" button);
- fill in the order form, which contains a reference to these General Conditions of Sale; information and images of each Product and its price; the means of payment that can be used; the methods of delivery of the Products purchased and the related shipping and delivery costs; a reference to the conditions for the exercise of the right of withdrawal; the methods and times of return of the products purchased;
- before sending the order, the Customer is also advised of the possibility of making any changes and/or additions to the data entered and the order itself;
- after sending the order, payment of the price (in addition to the charges specified in the order summary), following the instructions received;
- ORDER FULFILLMENT
3.2 The Seller may not issue purchase orders that do not provide sufficient guarantees of payment or that are incomplete or incorrect or in the event of unavailability of the products or if they come from a Customer with whom a dispute and/ or a dispute relating to a previous order. In these cases, the Seller will inform by e-mail that the contract is not concluded and that the Seller has not followed up the order, stating the reasons. In this case, the sum previously committed on the Customer’s means of payment will be decommitted.
Moreover, despite all our efforts, we cannot exclude that for a small part of the products on our site is indicated by mistake a price different from the actual one. We will in any case check the correctness of the prices of the products during the process of verification of the order and subsequent shipment of the products. If, due to errors or other inconveniences, the price indicated on the site should be lower than the correct price of a product, we will contact you to check if you want to buy the product at the correct price. Otherwise the order cannot be accepted. If the correct price of a product is lower than that indicated on the site, we will charge you only the correct lower price and we will send you the product anyway.
4.1 The payment of the Products purchased by the Customer as well as the related delivery costs may be made according to one of the methods provided on the Site (Credit Card, Paypal and Bank Transfer).
4.2 At no time during the purchase process is the Seller able to know the Customer’s credit card information, transmitted via a secure and encrypted connection directly to the website of the bank that manages the transaction. No computer archive of the Seller will store such data. In no case can the Seller be held responsible for any fraudulent and improper use of credit cards by third parties, when paying for Products purchased on the Site.
- DELIVERY MODE
5.1 The delivery of the Products purchased by the Customer will be made by the Seller to the address indicated by the Customer.
Each shipment contains:
- i/Products/o ordered/o;
- the packing list;
- the relevant invoice issued by the Seller, if the Customer is domiciled outside the European Union.
5.2 The Seller dispatches the Products to the Customer with selected express couriers. Indicatively - but in any case without this entailing any constraint for the Seller and subject (a) the actual availability of the Products; (b) the periods of closure of the logistic warehouse for inventory/security controls or the periods of closing of the logistic warehouse in the days of Italian national festivities; (c) the occurrence of eventual causes of force majeure and (d) the verification of the availability of the sums paid in the Seller’s current account in the case of payment by bank transfer the Products ordered will be delivered by the Seller to the selected courier within... working days following the acceptance of the order. In any case, the delivery will be carried out in a maximum time of .......... days from the day after the order was placed by the Customer.
In the event of partial availability of the Products, upon confirmation of the order, the Seller will promptly inform the Customer and, with the approval of the latter, will process the order with the Products actually available.
5.3 Upon receipt of the Products at home, the Customer must verify the integrity of the packaging and products as well as their quantitative and qualitative correspondence with what has been ordered. In the event of discrepancies and/ or discrepancies will be the Customer to detect and note exactly the same by the courier, and if the packaging or packaging of the Products ordered by the Customer should reach the destination clearly damaged, the Customer is invited to refuse the delivery by the carrier/ forwarder or to accept the delivery "with reservation". The Products purchased will be delivered by the courier appointed by the Seller to the shipping address indicated by the Customer.
- WARRANTY AGAINST CONFORMITY DEFECTS
6.1 At the time of delivery, the Products must be checked by the Customer in order to ensure that they correspond to the items ordered and that they do not show any lack of conformity. All products sold by the Seller are covered by the legal guarantee of twenty-four (24) months for lack of conformity, in accordance with applicable law (Articles 129 and following of the Consumer Code). The lack of conformity of the Product must be communicated to the Seller within two (2) months of its discovery.
6.2 The lack of conformity can be communicated to the Seller by contacting Customer Service. In the event of a lack of conformity, the Customer has the right to request the repair or replacement of the Product. In the event that the aforementioned remedies are not possible or are excessively expensive, the Customer will be entitled to a reduction in the price paid or the termination of the sales contract, pursuant to art. 130 of the Consumer Code.
All return costs for products with lack of conformity will be borne by the Seller.
6.3 The Seller guarantees the Customer that the Products conform to the descriptions published on the Site, this guarantee will apply to the Product that presents defects of conformity and/or malfunctions not found at the time of purchase, provided that the Product itself has been used correctly and with due diligence and that is in compliance with its intended use and with what is provided for in any technical documentation, with compliance with the various operating rules indicated therein. The aforementioned guarantee will not be applicable in the event of negligence or negligence in the use and maintenance of the Product.
6.4 The guarantee is personal and will therefore apply only to the original purchaser, being reserved exclusively to the Seller’s Customers who are Consumers.
RIGHT OF WITHDRAWAL
- send communication via the appropriate online form available at ....... by selecting the "return" option, to be carried out within 14 working days of receipt of the Products purchased, possibly using the "Withdrawal Form type" referred to in Annex I B of the following Consumer Code:
Withdrawal module type
- pursuant to art.49, paragraph 1, lett. h) - (fill in and return this form only if you wish to withdraw from the contract)
- Recipient [name, geographical address and, where available, telephone, fax number and e-mail addresses must be entered by the professional]:
- Hereby I/I (*) notify the withdrawal from my/our (*) contract of sale of the following goods/services (*) ……………………………
- Ordered on (..)/received on (..)
- Consumer/Signature(..) (only if this form is printed)
(*) Delete the useless wording
7.2 the return of the Products subject to withdrawal must be made, at the Customer’s expense, by means of Carrier of its choice, directly to the Seller’s registered office without undue delay and in any event within 14 days of the date on which it informed the Carrier of its decision to withdraw from the contract of sale. The Seller will not accept cash on delivery returns under any circumstances;
7.3 The right of withdrawal applies to the Product in its entirety and not to parts or components thereof. In the event that the Product sold has been made to measure or clearly customized for the Customer, the latter will not have any right of withdrawal. All Products for which the Customer has exercised the right of withdrawal must be intact and in their original packaging, complete in all its parts including packaging material, seals, if any, as well as any ancillary documentation, such as order references, transport documents and so on. The Customer shall not be entitled to exercise his right of withdrawal in cases where one of the following is found: the lack of the original packaging and/or packaging; the absence of all the elements of the Product (accessories, tags, labels, information notes, etc.); the substantial damage to the Product due to causes other than its transport.
7.4 Once the integrity of the returned Product has been verified, the Seller will refund the Customer the amount paid for the Products subject to withdrawal including shipping costs, within 14 days of the day on which it is informed of the Customer’s decision to withdraw from the contract. The refund will be made using the same means of payment used by the Customer for the initial transaction. The Seller may withhold the refund until it has received the goods or until the consumer has demonstrated that he has returned the goods, whichever occurs first.
- Applicable law and dispute resolution
9.1 The contract of sale between the Seller and the Customer concluded by accepting any order placed through the Site is governed by Italian law, in particular from the Consumer Code and D.Lgs. 70/2003 on certain aspects of electronic commerce, and from the present Conditions of Sale, with exclusion of the United Nations Convention on Contracts for the International Sale of Goods - 1980 Vienna Convention in the case of international sales.
9.2 Nel caso di controversie tra il Venditore e ciascun Cliente riguardante un acquisto di Prodotti online, il Venditore garantisce la piena adesione ed accettazione del servizio di conciliazione RisolviOnline. RisolviOnline è un servizio indipendente ed istituzionale, fornito dalla Camera Arbitrale della Camera di Commercio di Milano, che consente di raggiungere un accordo soddisfacente, con l'aiuto di un conciliatore neutrale e competente, su Internet. Per maggiori informazioni sul regolamento di RisolviOnline o per inviare una richiesta di conciliazione accedi a RisolviOnline.com.
Si informa inoltre che la Commissione Europea fornisce una piattaforma per la risoluzione alternativa extra-giudiziale delle controversie, accessibile sul sito http://ec.europa.eu/odr.
9.3 Per tutte le controversie relative agli acquisti e/o all'interpretazione delle presenti Condizioni Generali di Vendita sarà competente il Tribunale del luogo di domicilio o di residenza del consumatore in base alla legge applicabile oppure, a scelta del consumatore medesimo, il Tribunale di Milano.
9.2 In the event of a dispute between the Seller and each Customer concerning a purchase of Products online, the Seller guarantees full adherence to and acceptance of the RisolviOnline conciliation service. RisolviOnline is an independent and institutional service, provided by the Chamber of Arbitration of the Chamber of Commerce of Milan, that allows to reach a satisfactory agreement, with the help of a neutral and competent conciliator, on the Internet. For more information on the RisolviOnline regulation or to send a request for conciliation access