GENERAL TERMS OF SALES
These conditions are set out in conjunction with the Legislative Decree no. 50 of 15.1.1992 and the Legislative Decree 206 of 6.9.2005 (Consumer Code).
Consumer means the natural person who buys goods and services from the Supplier (INOVIKA SRL Via Cal Trevisana 26/A 31044 Montebelluna — TV — Italy | VAT n. 04218910265) the legal person who sells goods or services through the sale «on line», which corresponds to the contract stipulated exclusively within the distance communication system commonly called «internet».
The main characteristics of the product covered by this contract, are described in detail and represented in the online electronic catalogue.
All sales prices of the products in the on-line electronic catalogue are inclusive of VAT and all other taxes.
The initial selling price corresponds to the price-list indicated by the supplier, if he declares it, or in any case to the recommended retail price; the off-price, where present, indicates the effective price, net of the applied discount, at which the product is sold.
The delivery costs, if not already included in the price, will be applied as from time to time indicated in the purchase order form. Exceptions are shipments abroad, where the cost will be calculated and agreed each time with the customer.
VALIDITY OF THE OFFER AND PRICE
The price of the products is the one indicated in the online catalogue, any changes or withdrawals of the offer will be disciplined by art. 1336 of the Italian Civil Code.
The consumer can pay for the goods or services as it is each time indicated on the website: by credit card on a bank circuit external to the supplier’s organisation, by Paypal payment system or by bank transfer in the supplier’s favour to the credit institution indicated on the website. Regarding the method of payment by credit card or Paypal, by filling in the space provided on the website, the consumer authorizes the supplier to use his credit card, and to charge his bank account in favour of the supplier the total amount shown as the cost of the online purchase. The entire procedure is carried out through a secure connection which is directly connected to the operator of the «online» payment service, which the Supplier cannot have access to.
TERMINATION OF THE CONTRACT
The contract is to be considered as concluded when the consumer has carried out the following activities: a. Filling in the digital form in which he/she provides his/her personal data b. Selection of the chosen type of payment c. Final click which implies the acceptance of the conditions of sale. Once the online purchase procedure has been completed, the consumer agrees and commits himself to print and keep these sales conditions, which he has already read and accepted as an obligatory step in the purchase, as well as the characteristics of the product purchased, in order to satisfy the conditions of Legislative Decree 206/2005. It is strictly forbidden for the customer to enter false and/or invented and/or fictitious data in the registration procedure necessary for the execution of this contract and the related further communications; the personal data and e-mail must be exclusively the consumer’s one and not of third parties, nor fictitious, the supplier has the right to prosecute any violation and misuse, in the interest and protection of all consumers. The consumer chooses domicile in the place indicated in the digital form. The purchaser, by entering his/ her telephone number and e-mail address, agrees to the use of these communication systems by the supplier. The contract will not be concluded in case of purchase by minors.
METHOD OF DELIVERY OF GOODS
Without prejudice to the general maximum limit set by Legislative Decree 206/2005, the goods ordered in this way will be delivered to the consumer by the courier chosen by the supplier, possibly within seven days as of the confirmation of payment of the goods. The shipment will be carried out without any delay that may constitute a reason for withdrawal from the contract or give rise to any rights to compensation, except as provided by Legislative Decree 206/2005. The Supplier guarantees the availability of the products listed in its on line electronic catalogue at the time of its publication, but is not able to guarantee that any re-orders of out-of-stock lots can be processed, in which case he will inform the consumer and will refund the sums already paid, in the forms and with the methods provided for by Legislative Decree 206/2005.
The supplier does not assume any responsibility for disruptions due to force majeure such as accidents, explosions, fires, riots, strikes and / or lockouts, earthquakes, floods, damage to computer systems, system failures, and other similar events that prevent, in whole or in part, from implementing the contract within the agreed time. The supplier will not be liable for any damage, loss and / or costs incurred as a result of non-performance of the contract for the reasons mentioned above, having the consumer only be entitled to a refund of the price paid. Likewise, the supplier is not responsible for any fraudulent or illegal use of credit cards, cheques and other methods of payment. In fact the supplier at no time during the purchase process is able to know the credit card number of the consumer who, through a secure connection, is forwarded directly to the service provider.
WARRANTIES AND CONSUMER’S RIGHT OF WITHDRAWAL
TERMINATION OF THE CONTRACT AND SPECIFIC RESCISSION CLAUSE
The supplier has the right to rescind the contract by giving notice to the consumer. In this case the consumer will only be entitled to a refund of any amount already paid. The commitments undertaken by the consumer, as well as the guarantee of successful payment that he makes as referred to in art. 6, are essential, so that by explicit agreement, the failure by the consumer to comply with only one of these obligations will result in the termination of the contract as per art. 1456 cc, without the need of a judicial decision, without prejudice to the right of the supplier to sue for compensation for further damages.
ORDER CANCELLATION MODE
If the customer decides to cancel an order, he must IMMEDIATELY send an email to email@example.com with the subject: «cancellation order no.» and indicating the personal data already communicated in the order itself. If the order has not been shipped yet no cost will be charged, on the other hand, if the shipment has already been entrusted to the courier, the payment of the same will be required.
Customers who have any complaints can send an email to firstname.lastname@example.org or call +39 0423 614404.
Any litigation related to the application, execution, interpretation and violation of this contract is submitted to Italian jurisdiction. For any litigation between the parties regarding this contract, according to Legislative Decree 206/2005, the Court of jurisdiction related to the domicile or residence of the customer will be competent, but only if located on the Italian territory.