General terms and conditions of sale/on-line purchase contract
These General Terms and Conditions of Sale apply to purchases made through the www.inteswebbing.com website by Consumers and/or Professional Buyers, defined and identified as follows.
Depending on the purchaser - consumer or professional buyer - who will complete the contract different rules and regulations will apply, as specified hereunder.
The Seller is INTES S.p.A. with registered office in Novedrate (Co) 22060 - Via F.lli Kennedy 15 - VAT number 00197890130 - which acts in the exercise of its business and commercial activities and promotes the sale of its products through the mechanism of distance contracts, through the www.inteswebbing.com platform in compliance with these On-line General Terms and Conditions of Sale.
The Professional Buyer is the freelance professional or legal person who, by means of a natural person in charge and authorized (legal representative, employee, collaborator) interacts with the e-commerce platform and concludes an online sales contract, in the exercise of his/her own entrepreneurial and commercial activity (also Purchaser).
The Consumer is the natural person who acts for personal and non-professional purposes, unrelated to entrepreneurial, commercial, craft or professional activity carried out, as defined in accordance with art. 3, paragraph 1, letter a), of Legislative Decree 6 September 2005, n. 206 (Consumer Code): "consumer or user: the natural person acting for purposes unrelated to carried out business, commercial, craft or professional activity " (also Purchaser).
The term User refers to the visitor of the platform that interacts with the functions of the site: the concept includes both the Consumer and the Professional Buyer.
The term Consumer Code refers to the Legislative Decree 6 September 2005, n. 206 (Consumer Code) and subsequent amendments and additions.
The Contract or Contract of Sale is the sales contract concerning the movable goods present on the e-commerce portal that is concluded between the Seller and the Professional Buyer and/or the Consumer, as part of a sales system through electronic tools, organized by the Seller.
The term Parties refer to the Seller and the Consumer or the Seller and the Professional Buyer.
The term Portal or Platform or Website refers to the website www.inteswebbing.com, managed by the Seller, through which the online purchase contract is completed.
- 1. General provisions
These on-line General Terms and Conditions of Sale govern the purchase of the Seller's products on the Website by the Consumer and/or the Professional Buyer and constitute an integral and substantial part of the contract concluded between the Parties.
Any integration and/or modification made by the Purchaser to the General Terms and Conditions of Sale will be considered invalid and ineffective, - even in case of acceptance of the order by the Seller;
The Seller reserves the right to modify or supplement these Terms and Conditions by publishing them on the Portal: changes to the Terms and Conditions will be effective from the time of publication on the Portal.
- 2. Object of the online sales contract and compensation
Any invalidity and/or nullity of individual provisions of these General Terms and Conditions do not affect the validity of the remaining clauses. The null and void clauses are automatically understood to be replaced by provisions of law that reflect as much as possible from an economic standpoint the contents of ineffective or zero predictions.
Object of the online sales contract is any movable tangible property on the Portal www.inteswebbing.com that the Seller offers for sale and which the Consumer or the Professional Buyer intends to purchase, through interaction with the aforementioned Platform, or remotely via telematic tools.
The goods purchased through the procedure in question are only those that can be viewed on the pages of the Portal, even without prior registration to the platform. The purchaser can make the purchase only after registration or log-in through login credentials. The registered user is responsible for all activities and purchase proposals made through access with his/her own credentials.
The products that can be purchased are included in the platform divided by category: by clicking on the "product categories" button, present on the left side of the site, the User can view the categories and, by selecting one, can view the articles in the chosen category.
Each item included in the Portal is accompanied by a product sheet containing some representative images, colors, sizes, price, technical specifications and a brief description. These indications are also summarized in step 1 of the purchase procedure called "Summary" (check-out of the cart) as well as in step 5 called "Payment" before the payment of the selected product (s).
The User is aware that all the information provided on the Portal, in particular the images on the product sheet, are of a general nature and are made available for information purposes only to allow identification of the item. The colors and some characteristics of the products offered for sale may appear different, deviating from the actual characteristics of the good. These possible differences can be determined by the effects of the Internet browser, the used monitor or the monitor settings (brightness, contrast, quality and type of printer in use, etc.).
The price of the products, which constitutes an offer to the public pursuant to art. 1336 of the Civil Code, is expressly indicated in the product sheet, in Euro, and is inclusive of VAT. The price does not include shipping costs; its amount is displayed by the User at the time of check-out, by clicking on the "Proceed to Check-out" button. The cost of shipping in Italy is set to € 10,00.
The Seller reserves the right to change the price at any time by publishing the new price on the product sheet.
These General Terms and Conditions of Sale must be read, understood and accepted by the Consumer and/or the Professional Buyer before proceeding with the purchase, by selecting the checkbox showing the link to the General Terms and Conditions, before clicking on the "proceed to check-out" button. In any case, Terms and Conditions of Sale can be read and printed at any time by clicking on the "General Terms and Conditions of Sale" link on the site.
- 3. Registration to the website
The User can register on the website by entering the personal data requested in the registration form. Registration on the Portal is without obligation to purchase and can be usefully completed only by adult Users and in any case entitled as per legal requirements to undertake commercial actions and stipulate contracts.
In case of registration of a professional Buyer, it is necessary that the natural person who signs up on behalf of the company is authorized by the company.
The disclosure of access credentials (username and password) to third parties is forbidden and the user must ensure that his/her access is always performed in a safe and secure way. He/she must also immediately inform the Seller in case of violation of the credentials by third parties.
The registered User can always manage his/her profile by clicking on the User's representative icon and change the address and/or his/her personal information, as well as view the order history, credit notes and create a "wish list"”.
The registered User can always view the catalog of available and affordable products, their characteristics, technical information, prices, costs and shipping methods and any other information necessary for the correct formulation of the purchase intent, as well as the history of the orders sent.
- 4. Method of concluding the contract
The purchase contract governed by these General Terms and Conditions is concluded exclusively through the Internet by registering with the site or, in case of an already registered user, by accessing the platform. The registered User can proceed to purchases by clicking on the "add to cart" button at the bottom of the product sheet and inserting the desired product (s) in the cart, selected in the chosen quantity, color and size. In order to finalize the purchase, the User must empty the cart by clicking on the icon representing the cart or on the "proceed with check-out" button. At this point the "summary" appears, that is the summary of the products included in the shopping cart and "ready for purchase", analytically indicated in price (by article and total), together with the delivery costs.
The User must then proceed by clicking on the "place order" button and completing the registration form with the additional data required, such as address, city, province, VAT number and company name (in case of Professional Buyer) or tax code (in case of Consumer). The User can check, save and print the generated summary page before proceeding with the confirmation.
After carefully checking the summary form, the User who intends to proceed with the purchase, if he/she has not already done so, must read the General Terms and Conditions of Sale and flag the checkbox with which he/she declares to have read, understood and accepted the Terms of Purchase; the procedure ends by clicking on the "proceed to check-out" button”.
The Consumer or the Final Buyer proceeds to pay the price and additional expenses by selecting the desired payment method.
The online purchase contract is concluded when the Purchaser, after correctly paying, displays the purchase confirmation window and receives the order confirmation email;
The products remain the property of the Seller until receipt of the price.
The user is responsible for all activities and acceptances of sales offers made through access with their own credentials.
Each order sent is stored in digital/paper form at the Seller's premises or on the information system/IT tools of the seller's service providers and whose relationships are regulated by a regular service contract.
- 5. Payment method
The payment of the products offered for sale by the Seller through the Portal can only be made by one of the following means: paypal, credit card, rechargeable card (e.g. visa electron) and postepay.
The User must select the desired payment method after clicking on the "procedi al check-out" button - "proceed to check-out”.
Each Purchaser declares to be fully entitled to use the chosen payment instrument. Each User must verify that the payment instruments in his/her possession have sufficient credit to cover all costs related to purchases.
All communications relating to prepaid credit cards and similar payments take place on a special line of the Vendor protected by an encryption system. The Seller guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current regulations on the protection of personal data.
- 6. Delivery Terms of the goods
The Seller delivers the products purchased by the Purchaser according to the method selected during the purchase through the window called "shipping" | "spedizione" - step 4 of the purchase procedure.
For shipments on the national territory, the Seller will deliver the goods by Express Courier, with a shipping time between 2 and 5 days starting from the moment in which the on-line sales contract is completed.
The Delivery terms are intended as indicative and not exhaustive: any delays in the delivery of the goods do not entitle the Consumer or the Professional Buyer to terminate the completed on-line sales contract or to obtain compensation.
During shipment, the goods travel at risk of the Consumer or Professional Buyer, therefore no responsibility can be charged to the Seller for any damage caused to the goods during transport or in case of theft of the goods already delivered to the Carrier.
- 7. Seller’s responsibility towards the professional Buyer and limitations
The Purchaser undertakes to pay the price of the products in the manner and according to the terms described above.
The guarantee operating in relation to the sales contract with the Professional Buyer is only that relating to Business2Business purchases and follows the applicable general rules.
The Professional Buyer is entitled to a warranty for defects pursuant to art. 1490 of the Civil Code and following. He/she has the burden of checking the condition of the purchased goods as soon as they are available. Any defects must be reported under penalty of forfeiture to the Seller no later than 8 days from their discovery.
No returns are accepted if not authorized and preliminarily approved by the Seller. In case of return of a product the Seller will issue a credit note or replace the product.
- 8. Right of withdrawal and reimbursement of the Consumer
The Consumer, as provided for by Article 52 paragraph 2 of the Consumer Code, has the right to withdraw from the stipulated on-line sales contract, without any penalty and without specifying the reason within the term of 14 (fourteen) days. The withdrawal period ends after 14 days from:
- in case of a contract for the sale of a single asset (purchase of a single asset) "from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the assets”;
- in case of a contract relating to multiple goods ordered by the Consumer in a single order (Purchase of more goods with the same order) and delivered separately, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires the physical possession of the last good;
- in case of a contract relating to the delivery of a good consisting of lots or multiple pieces: from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last lot or piece.
How to exercise the right of withdrawal: to exercise the right of withdrawal, the Consumer is obliged to inform the Seller of his/her decision to withdraw from the on-line sales contract through an explicit declaration (for example, a letter sent by post, fax or email).
For this purpose, the Consumer can alternatively:
- submit any other explicit declaration stating his/her decision to withdraw from the on-line sales contract, for example by fax, e-mail or letter, including registered mail, sent by post.
In order to correctly exercise the right of withdrawal, the Consumer must express his/her intention to withdraw within the terms indicated above. The right of withdrawal is considered correctly exercised if the communication concerning the exercise of the right of withdrawal is sent to the Seller before the withdrawal period has expired. The burden of proof concerning the exercise of the right of withdrawal lies with the Consumer.
To facilitate the Consumer, here are the contact details of the Seller: INTES S.p.A. with registered office in Novedrate (Co) 22060 - Via F.lli Kennedy 15 -, fax +39 031 791648, mail firstname.lastname@example.org.
- 9. Effects of Consumer Withdrawal
To the Consumer who withdraws from the on-line sales contract, all payments made to the Seller will be reimbursed, including delivery costs (with the exception of additional costs resulting from the choice of a type of delivery other than the standard less expensive delivery type offered), without undue delay and in any case no later than 14 days from the day on which the Seller is informed of the decision to withdraw from this online sales contract. These refunds will be made using the same payment method used for the initial transaction, unless the Consumer has expressly agreed otherwise; in any case, no costs will be incurred as a consequence of such reimbursement.
The reimbursement may be suspended until the goods are received or until the Consumer has demonstrated that he/she has returned the goods, whichever comes first.
If the Consumer has received the goods covered by the online sales contract he/she is required to return the goods or deliver them to INTES SpA. - Via Fratelli Kennedy 15 - Novedrate (Co), without undue delay and in any case within 14 days from the day on which the Consumer has communicated his withdrawal from the present on-line sales contract. The deadline is met if the goods are returned before the end of the 14-day period.
The consumer only supports the direct cost of returning the goods. The actual cost of the return will in any case be linked to the return method chosen by the consumer (for example the carrier or the type of chosen shipment).
The consumer is only responsible for the diminished value of the goods resulting from goods handling other than that necessary to establish the nature, characteristics and functioning of the goods.
With the receipt of the communication with which the Consumer communicates the exercise of the right of withdrawal, the parties (Seller and Consumer) are dissolved by mutual contractual obligations, except as provided in relation to the previously cited obligations of the Consumer and the Seller.
- 10. Exclusions of the Consumer's right of withdrawal
The right of withdrawal is excluded in case of:
the supply of tailor-made or clearly personalized goods;
the supply of goods that risk deteriorating or expiring rapidly;
the supply of sealed goods that cannot be returned for hygienic reasons or related to health protection and have been opened after delivery.
the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
the provision of sealed audio or video recordings or sealed computer software that have been opened after delivery;
- 11. Guarantees and methods of assistance to the Consumer
All products sold by the Seller are covered by the legal guarantee of twenty-four (24) months for conformity defects, in accordance with applicable law. The lack of conformity of the product must be communicated to the Seller within two (2) months of its discovery.
In case of lack of conformity, the Consumer has the right to request repair or replacement of the product without charge. In the event that the above remedies were not possible or were excessively burdensome, you will be entitled to a reduction in the paid price or to the termination of the contract of sale, pursuant to art. 130 of the Consumer Code. There is no lack of conformity if, at the time of conclusion of the contract, the Consumer was aware of the defect, could not ignore it with ordinary diligence or if the lack of conformity derives from instructions or materials provided by the Consumer.
The lack of conformity can be communicated to the Seller either by mail or by telephone, fax or e-mail to the following addresses: INTES S.p.A. with registered office in Novedrate (Co) 22060 - Via F.lli Kennedy 15 - P. Iva 00197890130, tel. +39 031 790371 fax +39 031 791648, mail email@example.com.
- 12. Liability and obligations of the Seller towards the Consumer: liability for defects, proof of damage and compensable damages
Pursuant to articles 114 and following the Consumer Code, the Seller is responsible for the damage caused by defects in the sold goods if he/she fails to inform the damaged person, within three months of the request, the identity and domicile of the manufacturer or of the person who supplied the good.
The aforementioned request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and the date of purchase.
- 13. Use of the Portal and Responsibility of Seller | Users
The Seller is not responsible for improper use of the site by Users.
The Portal is made available without the issue of any specific warranty or license: The User who uses it assumes all risks related to the use of the Internet and IT applications (hardware and software) and must ensure the basic computer security (antivirus, firewall, etc.) are being followed and avoid downloading unsafe or dangerous material.
The Seller is not responsible and not liable for any viruses, malicious code or any problem related to the User's internet browsing as they are not dependent on the Seller's work.
By way of example and not exhaustively, the Seller disclaims any liability connected to the following:
incompatibility of the Site with the equipment, software and telecommunications connections available to the User; attacks suffered by the purchaser/consumer during web browsing (by way of example but not exclusively: viruses, malicious code, etc.); damage to the computer equipment/software that the professional Purchaser uses for surfing not directly attributable to the seller, inefficiencies or malfunctions of the Portal due to force majeure; disservices or malfunctions related to the use of the Internet outside of his/her control or his/her sub-suppliers, except in cases of willful misconduct or gross negligence; shop-on-line service interruptions; fraudulent and illicit use that may be made by third parties, credit cards of other means of payment, upon payment of the purchased products, if the Seller proves to have taken all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
- 14. Intellectual Property
The Seller retains all intellectual property rights on the products offered for sale on the www.inteswebbing.com Portal, in particular with respect to models, images, characteristics and specifications of the product and other information that may be accessible to Users and more generally to site visitors;
It is forbidden to copy, sell, take possession of or otherwise share the images that can be viewed on the Portal without the prior permission of the Seller. Every violation is punished according to the applicable laws.
- 15. Protection of personal data
- 16. Applicable law, jurisdiction and applicable forum
The sales contract is concluded in Italy and regulated, in addition to these Conditions, by Italian law. With exclusive reference to the Consumer, the contract is also governed by the Consumer Code’s rules.
Any dispute that may arise between the Parties regarding the validity, interpretation or execution of these General Terms and Conditions will be subject to Italian jurisdiction. Except as provided by the art. 66-bis of the Consumer Code and in any case if the User cannot qualify as Consumer, for the resolution of disputes arising between the Parties the Court of Como will be exclusively competent.
The User declares to specifically approve the following clauses:
13. Use of the Portal and Responsibility of Seller | Users - 16 applicable law, jurisdiction and applicable forum.