GENERAL TERMS AND CONDITIONS FOR ONLINE SALES SVEVO RETAIL

 

1. SCOPE OF APPLICATION

1.1. The following general terms and conditions of Sales (hereinafter referred to as "General Conditions") govern the offer and sale of products on the website www.svevoparma.it (hereinafter referred to as “the Website”) between SOMMA & C SRL, (hereinafter referred to as "the Supllier"), with registered office in Via S. Pertini 10/C, business registered number, 01892440346 tax code and VAT 01892440346 certified mail 01892440346 and its end user consumer, i.e. the person who is acting for purposes which are outside his or her trade, business or profession (hereinafter referred to as “the Buyer”).

1.2. By submitting the Order Confirmation, the Buyer undertakes to comply with these General Conditions. The Buyer will not be able to purchase any product without accepting these General Conditions.

 

2. SUBJECT OF THE CONTRACT

2.1. With the contract the Supplier sells and the Buyer purchases the products offered on the Website by telematic means.

2.2. These products are available on the Svevoparma.it Website, which reproduces the catalogue of products promoted online by the Supplier. These products are accurately represented on the Website and accompanied by a description of their characteristics. The Supplier cannot guarantee a precise and exact correspondence between the real consistency of the products promoted online and the relative representation on the Buyer's monitor; in case of difference between the products image online and the descriptive sheet in writing, will be valid the descriptive sheet.

 

3. UPDATING OF THE ONLINE CATALOGUE AND PRODUCT AVAILABILITY

3.1. The Buyer can select to purchase only the products in the catalog published on the Website and available at the time of the purchase order by the Buyer. Selected products are placed in the shopping cart, and they can be deleted or modified at any time until the purchase order is sent.

3.2. The product catalog might be subject to updating by the Supplier; the Supplier does not guarantee the permanence of a product in the catalog nor the availability of all sizes/versions of each product/color.

3.3. Products on the Website are available until they being out of the stock. If the ordered products are not available the Supplier shall promptly notify the Buyer by email to the address provided by the Buyer (clause 17.2) and will order to recredit any amount already paid by the Buyer according to following clause 8.4.

 

4. CREATE AN ACCOUNT

4.1. To purchase the products on the Website, the Buyer can create a new account on the Website, access the Website with authentication credentials already obtained after the creation of his account on the Website or access the Website through his credentials to access the Facebook and Google using the features made available by these operators.

4.2. To create a new account on the Website, the Buyer must enter all the requested data in the specific registration form (including but not limited to: name, surname, e-mail address, telephone number and password), confirm the reading of the privacy policy on the website, respond to any further requests for consent and confirm the registration.

4.3. When registering on the Website, the Buyer must indicate his/her e-mail address, to use as a username, and choose a password; the Buyer is responsible for keeping the password confidential and for any and all activities that occur under his account.

4.4. Following registration on the Website, the Buyer will receive via the e-mail indicated the registration confirmation.

4.5. The creation of the account is subject to full and unconditional acceptance by the Buyer of these General Conditions. The Buyer may at any time request a copy of the General Conditions accepted during registration by sending an e-mail to the Supplier at the address indicated in the following clause 17.

4.6. The Buyer may at any time request the cancellation of his registration by sending an e-mail to the Supplier at the address indicated in the following article 17. Following receipt of such communication, any contractual relationship between the Buyer and the Supplier - without prejudice to purchase orders already sent before the cancellation request - will be resolved and the Buyer's username and password will be deleted.

 

5. PURCHASE AS A GUEST

5.1. The Buyer may also purchase via Website as a guest. With this method of purchase, the Buyer must fill in the specific format on the Website, entering the data required to process the purchase order (including but not limited to: name, surname, billing and delivery address, e-mail address and telephone number) and accept these General Conditions.

 

6. CONCLUSION OF THE CONTRACT

6.1. The presentation of products on the Website is an invitation to Buyer to make a purchase proposal; these invitations do not represent offers to the public. The order form will be managed as a purchase proposal governed by these General Conditions.

6.2. To place an order, the Buyer must follow the online purchase instructions on the Website, filling in the formats provided by the Supplier. Once the products ordered selected, the Buyer will be asked to close his order, forwarding to the Supplier the list of selected products (Order Confirmation). Before submitting the order, you will see the order summary sheet containing the list of selected products, with their prices and any discounts, with any shipping costs and ancillary charges. The Buyer undertakes to check and validate before sending it, his personal data, the products purchased, their prices, with any additional costs and charges, confirming the chosen payment terms, the delivery address and any other data requested. Any errors in data entry can be corrected using the specific editing functions on the Website. After the feedback, the Buyer must click the interactive button "pay now" and will thus forward the order to the Supplier.

6.3. The Supplier will confirm receipt of the order by sending to Buyer a summary email containing the order number and details of the order placed (Confirmation of Receipt), only in order to confirm the receipt of the order in the Supplier’s IT system which will thus begin processing the order, verifying the data provided by the Buyer and the availability of the request products. If the Supplier finds any errors in the indication of the prices or characteristics of the products, or the unavailability of the requested products, it will promptly notify the Buyer by email to the e-mail address provided by the Buyer during the Website registration process, or during the order process if the Buyer has not registered on the Website. Confirmation of receipt by the Supplier does not constitute acceptance of the purchase proposal.

6.4. The Buyer is required to re-verify the data contained in the Confirmation of receipt of the order by the Supplier, and to promptly communicate to the Supplier any correction by sending an e-mail to the address of the Supplier indicated in the following clause 17.1. The Buyer is required to keep the order number in the Receipt Confirmation for any communication with the Supplier.

6.5. The Supplier may or may not accept the order sent by the Buyer, without the Buyer being able to make any rights and/or claims in any way, including compensation, in the case of non-acceptance of the order. The conclusion of the contract is subject to the express approval of the purchase order by the Supplier, by sending a confirmation e-mail to the Buyer that the order is being shipped ("Shipping Confirmation"). Therefore, the Contract will be deemed concluded when the Buyer will receive the Shipping Confirmation, at the address indicated in the following clause 17.2.

 

7. PRICES

7.1. The prices of the products are expressed in Euro and include VAT.

7.2. The sales prices applicable to the Buyer are those published online at the time of submission of the purchase order. The prices of products might be to subject to updating. It is the responsibility of the Buyer is responsible to check the final price prior to completing and forwarding the purchase order.

7.3. If the shipping costs are not included in the sales price, will be indicated and calculated by the Supplier in the purchase procedure, before sending the confirmation of receipt of the order, and specified in the summary of the order.

7.4. The products are not subject to any import tax or customs duty, if the product is sold and delivered in Italy or within the European Union. In the case of deliveries to countries outside the European Union, the products may be subject to import taxes and/or customs duties depending on the type of product and the country of destination.

7.5. Any costs related to import taxes and/or customs duties referred to in point 7.4 above will be charged to the Buyer, and must be paid at the time of delivery of the products purchased directly to the competent tax or customs authorities or to the courier in charge of delivery.

 

8. PAYMENTS AND REFUNDS

8.1. The payment of products purchased online must be made at the time of confirmation of the order (clause 6.2) according the methods chosen by the Buyer, among those expressly admitted by the Supplier and specified in the section of the Website called "payment". No additional costs shall be charged to Buyer in connection with the payment method chosen.

8.2. In case of payment by credit card, the charge to the Buyer will be made at the same time as sending the Buyer the confirmation of shipment of the order by the Supplier (art. 6.5), after verifying the credit card data and receiving authorization for the charge by the credit card company used by the Buyer.

8.3. In case of payment through PayPal, the charge of the price, including any shipping costs, will be made at the time of sending the order confirmation by the Buyer (art. 6.2).

8.4. Any refunds of the amounts paid by the Buyer to the Supplier will be made using the same payment method used by the Buyer to make the purchase.

8.5. For credit card payments all financial information, such as card number, expiration date, security code etc., are managed by Shopify Payments, which guarantees the security of online transactions. The Supplier never becomes aware of the details of the credit card and any other data communicated by the Buyer at the time of payment, nor does it store or store them in any way. For more information, please visit svevoparma.it

8.6. For payments with PayPal all login information (username and password) is managed directly by PayPal, which guarantees the security of online transactions. The Supplier never becomes aware of the access information, nor does it store or store it in any way. For more information you can consult the website www.paypal.com.

8.7 If you buy with Scalapay you receive your order immediately and pay in 3 instalments. You acknowledge that the instalments will be transferred to Incremento SPV S.r.l., its related parties and their assignees and that you authorise this transfer.

 

9. DELIVERY OF PRODUCTS

9.1. The products purchased on the Website are delivered to the shipping address indicated by the Buyer when registering for the Website or purchasing the product.

9.2. The Supplier undertakes to deliver the products within 30 (thirty) days from the date of conclusion of the Contract.

9.3. Delivery will be deemed made at the time of the acquisition of the material availability of the products by the Buyer or another person authorized by him, proved by the subscription of the receipt of the order to the agreed shipping address.

9.4. At the time of delivery of the product, the Buyer is required to check that the packaging is intact and without signs of damage, tampering or alteration. If this verification is not successful, the Buyer must immediately make the appropriate complaints to the courier, rejecting the product or accepting it with written reservation on the transport document. In addition, the Buyer must promptly inform the Supplier of the incident by sending an e-mail to the address indicated in the following clause 17.1.

9.5. If the Supplier is unable to make the shipment within the time limit indicated in the previous art. 9.2, will promptly give notice to the Buyer by e-mail to the address indicated by the Buyer when registering for the Website or purchasing the product.

9.6. In case of non-delivery of the products due to the absence of the Buyer on the occasion of the attempts provided for by the procedure applied by the courier, the courier will store the products at his warehouse until the buyer collects them and, in any case, within the time limit indicated in the notice of attempted delivery left to the Buyer. If the products are not collected within this period, the products will be returned by the courier to the Supplier, who will proceed to return the price to the Buyer net of any costs incurred for inventory, return and ancillary charges.

 

10. BUYER’S GUARANTEE

10.1. The Buyer declares and guarantees:

10.1.1. to be able to legitimately enter into the Contract;

10.1.2. to be 18 years of age or over;

10.1.3. that the personal data and other information communicated to the Supplier when registering on the Website or purchasing a product are true, correct and up-to-date. The Supplier reserves the right to verify at any time and by any means at its disposal the information provided, including by requesting the Buyer suitable supporting documentation and, in case of violation of this article 10.1.3, to disable or suspend the Buyer's account;

10.2. The Buyer undertakes to indemnify and hold the Supplier harmless from all claims, actions, damages, costs and expenses arising from or in connection with the violation of the declarations and guarantees referred to in article 10.1, without prejudice in any case to the right for the Supplier to terminate the Contract with immediate effect pursuant to Article 1456 of the Civil Code in case of violation by the Buyer of the aforementioned declarations and guarantees.

 

11. LEGAL GUARANTEE

11.1. The Supplier provides the Buyer with a legal warranty that purchases products comply with the Contract within the two-year period (2 years) of their delivery, as required by articles 128 and ss. of the Consumer Code ("Legal Guarantee").

11.2. Without prejudice to the provisions of clause 2.2 above, the Supplier is required to deliver products to the Buyer that comply with the Contract.

11.3. The Buyer is required to report any defects and non - conformities of the products within and no later than 2 (two) months of acknowledging, under penalty of forfeiture the right. The complaint must be sent to the Supplier by the specific form attached to these General Conditions, with an accurate and complete description of the fault and /or non - conformity found and the photos of the product, including the purchase documentation.

11.4. The Buyer must send the complaint and related requests by e-mail to the address indicated in the following article 17.

11.5. Upon receipt of the complaint/request and relative documents, the Supplier will evaluate the defects and non-conformities claimed by the Buyer, and he will decide whether to authorize the product return, by providing a promptly feedback to the Buyer with the instructions to return the product.

11.6. The return of the product will be carried out at the Supplier's expense if the Supplier evaluate defects and non-conformities existing on the basis of the photos received. If, on the other hand, following the analysis of the photos, the Supplier considers defect and non- conformity do not exist, the Buyer may send the product to the Supplier, at his own care and expense, for the sole purpose of subjecting it to physical analysis by the Supplier. The Buyer must attach to the product for which he intends to claim the Legal Guarantee any form received by the Supplier following the complaint of the defect (duly completed) and the payment receipt or any other document reasonably requested by the Supplier.

11.7. The Buyer may ask the Supplier, at his discretion, to repair the product or replace it, without charge to him, unless the remedy chosen is objectively impossible or excessively onerous compared to the other.

11.8. The Buyer may request, at his discretion, a reasonable price reduction or termination of the Contract if one of the following conditions is met: repair and replacement are impossible or excessively onerous; the Supplier has not repaired or replaced the product within a reasonable period; the replacement or repair previously carried out has caused significant inconvenience to the Buyer.

11.9. Where, after collecting/receiving the product, the Supplier checks that the reported lack of conformity actually exists, any transport, repair or replacement costs of the product will remain at the expense of the Supplier or, if the transport costs were incurred by the Buyer pursuant to art. 11.6 above, will be refunded by the Supplier. Otherwise, or where the Supplier checks that the reported lack of conformity does not exist or that there are no conditions for the applicability of the Legal Guarantee, the Legal Guarantee will not operate and all transport costs – both those incurred by the Buyer for sending the product to the Supplier and vice versa – will be charged by the Buyer; in this case, the Supplier will communicate it to the Buyer and the product will be returned to the shipping address indicated by the Buyer. In all cases of non-delivery of the products to the Buyer or to a person authorized by him, the products will be kept in storage for a period of 15 days or for the longer period indicated in the notice of attempted delivery left to the Buyer. If this period runs without the Buyer having collected the products, the Supplier will have the right to charge the deposit costs to the Buyer and freely dispose of the products.

11.10. The Buyer acknowledges and agrees that any defects or damage caused by accidental events or the responsibility of the Buyer or the use of the products that do not comply with their intended use or normal wear and tear will not be covered by the Legal Guarantee.

 

12. LIMITATION OF LIABILITY

12.1. The Supplier is not responsible for the non-execution or delayed execution of the Contract if this depends on events due to force majeure (including but not limited to strikes, riots, terrorist attacks, natural disasters, epidemics etc.) or unforeseeable circumstance, or otherwise not attributable to the Supplier. In such cases, no compensation will be paid to the Buyer who will be only entitled to the full return of the price and any ancillary charges paid.

 

13. RIGHT OF WITHDRAWAL

13.1. The Buyer has the right to withdraw from the Contract, without providing any justification or incurring any penalty, within 14 (fourteen) calendar days from the day on which the Buyer or a person designated by the Buyer, other than the carrier, acquires physical possession of the purchased product. If the Buyer has purchased several products with a single order, the withdrawal period expires after 14 (fourteen) days from the date on which the product is delivered or if several products on one order are delivered separately, from the date the last product was received by the Buyer or a person, other than the carrier and designated by the Buyer.

13.2. To exercise the right of withdrawal, the Buyer must send an explicit declaration of his intention to exercise the right of withdrawal by email to the address indicated in the following clause 17. For this purpose the Buyer can use the withdrawal form attached to these General Conditions.

13.3. The return of the product by the Buyer must take place, without delay and in any case within 14 (fourteen) days from the date of sending the withdrawal notice to the Supplier. The only expenses due by the Buyer to exercise the right of withdrawal will be those directed to the return of the product to the Supplier, which prescribes the adoption of any possible caution in proceeding with the shipment, using the original wrappers and packaging of the product, or in any case equivalent, that preserve its integrity and adequately protect it during transport. The return of the product following the exercise of the right of withdrawal must be made at the following address SOMMA & C. S.R.L., 43036 Fidenza (PR), Via Piave n. 9.

13.4. The Supplier will refund the price of the asset for which the withdrawal has been exercised and any shipping costs related to it within 14 (fourteen) days from receipt of the notice of withdrawal by the Buyer. The refund will be issued with the same payment method used by the Buyer for the initial transaction. Refund will be suspended by the Supplier until the products are received or until the Buyer has proven to have return the products, if prior.

13.5. For the purpose of returning the product, the Buyer may use the courier service chosen by the Supplier, in which case the costs of the return will be paid by the Supplier and withheld from the refund due to the Buyer. The Buyer must indicate his willingness to use this service in the withdrawal notice forwarded to the Supplier and will then be required to contact the courier directly to proceed with the return. If the Buyer choose a shipper other than that indicated by the Supplier, he must bear the costs related to the shipment.

13.6. The Buyer is required to return the products without having used them, in a healthy state of storage and with original labels not removed. The packaging of the products must be accurate, in order to safeguard the original casings from damage, writing or labels. If these conditions are not met, the Supplier will return the products to the Buyer at the buyer's expense.

13.7. The Buyer is responsible for the depreciation of the products due to handling other than to extent necessary to establish the nature, characteristics, and conditions of the products. Therefore, the Buyer will be liable for the depreciation of the product in case the returned products are damaged and shall be entitled to the refund corresponding to the residual value of the product.

13.8. If the Buyer has any doubts about the procedure to exercise the right of withdrawal, he may contact the Supplier at the e mail address indicated in the following clause 17 to receive all the necessary clarifications.

 

14. CHANGES OF GOODS

14.1. The Buyer has the right to request the change of goods, color or size of the purchased product, within 30 (thirty) days from the date on which the product is delivered or if several products on one order are delivered separately, from the date the last product was received by the Buyer or a person, other than the carrier and designated by the Buyer.

14.2. To meet the deadline for the exchange of goods, it is sufficient for the Buyer to send the relative communication prior to the 30 – day expiry. On receipt of the communication, the Supplier will promptly send to the Buyer a confirmation e mail at the address provided (clause 17.2) including the "return authorization number", necessary for the correct return of the products to the Supplier.

14.3. If it is not possible to proceed with the change of goods, the Supplier will refund to the Buyer the price and the delivery costs incurred by the Buyer, except for surcharges derived from the potential selection of a delivery method other than the least pricy standard delivery method offered by the Supplier.

14.4. In case the Buyer request for the change of goods, he is obliged to return to the Supplier the products purchased within 14 (fourteen) days from the day on which he communicated to the Supplier his request to proceed with the change of goods. the provisions of the clause 13 above shall apply to return of the products.

 

15. AMENDMENTS TO THE GENERAL CONDITIONS

15.1. The Supplier reserves the right to amend these General Conditions at any moment in time to comply with legal provisions, to adapt the General Conditions to the Supplier's sales models or for technical reasons. The updated version of the General Conditions come into force from the date on which it is on the Website. In any case, each purchase is subject to the version of the General Conditions in force at the time of forwarding the purchase order.

 

16. DATA PROTECTION

16.1. The Supplier protects the Buyer's personal data, ensuring the full compliance of their processing with the reference legislation and, in this case, with EU Regulation 679/2016 as well as with national rules (Privacy Code, as last amended by Legislative Decree 101/2018).

16.2. Referring for details, to the Information on the processing of personal data website and related extended information on the use of cookies, it is stated that personal data acquired directly and /or indirectly through the Website, will be collected and processed in telematic/computer form, and if necessary paper, with the following main purposes: i) register the order; (ii) proceed with the performance of the Contract and related communications; (iii) comply with legal obligations; iv) manage business relationships to better carry out the requested services. The correct and timely communication of the Buyer's personal data is a necessary condition for the timely execution of the Contract by the Supplier, who in default will not be able to carry out the Buyer's order.

 

17. COMMUNICATIONS AND COMPLAINTS

17.1. To receive assistance, make complaints or request information, the Buyer can send a mail to the Supplier at the following address: ecommerce

@svevoparma.it

17.2. The Buyer indicates during the Website registration process, or at the latest in the Order Confirmation, his residence or domicile, his telephone number and the e-mail address to which the Supplier's communications will be sent.

17.3. The Buyer acknowledge that any communications exchanged for contractual purposes with the Supplier are via email, and he agrees to consider this communication mode written form.

 

18. LANGUAGES AVAILABLE

18.1. The Website and its services, and these General Conditions of sale online can be used in Italian and English; in case of conflict between the Italian and English version, the Italian version will prevail.

 

19. ONLINE DISPUTE RESOLUTION

19.1.1 The Buyer has the possibility to use the platform established by the European Commission for the resolution of desputes related to online sales contracts (“ODR Platform”). Through the ODR Platform, the Buyer and the Supplier can resolve disputes related to purchases made online through the assistance of any impartial body. The ODR Platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/main/

?event=main.home.show

 

20. GOVERNING LAW AND JURISDICTION

20.1 These General Conditions are governed by Italian law. Any dispute arising between Supplier and Buyer in connection with the validity, interpretation, execution and termination of the Contract, will be governed by Italian law and will be solved by the Consumer's Court. This is without prejudice to any rights granted to Buyer by binding provisions in force in the consumers country of residence and /or domicile.