GENERAL TERMS AND CONDITIONS FOR ONLINE SALES
These conditions are valid exclusively between CABY S.r.l., with registered office in Via
- Cavalli no. 8 Ind. Site, 15033 Casale Monferrato (AL) — ITALY, VAT no. 02532740061, hereinafter referred to as «CABY» and any person making online purchases on the website www.primeat.it, hereinafter referred to as the »CUSTOMER». These conditions may be subject to change.
These conditions govern purchases made on the website www.primeat.it, both by companies and by private consumers, in this second case in compliance with the provisions of the Consumer Code, Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014 and Legislative Decree no. 70/2003 on e-commerce.
If certain conditions relate only to sales to companies or only to sales to consumers, it will be expressly specified in the specific clause.
ARTICLE 1 – SUBJECT OF THE CONTRACT
With these general terms and conditions of online sale, CABY sells to the CUSTOMER, who purchases remotely, the movable goods indicated and offered for sale on the website www.primeat.it. The contract is agreed exclusively via the internet, through access to the aforementioned site and the creation of a purchase order in accordance with the procedure provided by the website itself.
The CUSTOMER undertakes to examine these general terms and conditions of online sale prior to confirming the order and to accept them ticking the boxes indicated.
In the email confirmation of the order, the CUSTOMER will receive a copy of these general terms and conditions of online sale, (as provided, for consumer contracts) by Art. 51 paragraph 1 of Legislative Decree no. 206/2005, amended by Legislative Decree no. 21/2014.
ARTICLE 2 — PRE-CONTRACTUAL INFORMATION FOR CONSUMERS — Art. 49 of Legislative Decree no. 206/2005
The CUSTOMER examines the characteristics of the goods, as described on the individual product data sheet when selected by the CUSTOMER, prior to confirming the purchase contract.
Prior to validating the order with «compulsory payment», the CUSTOMER shall be notified of:
- the total price of the goods inclusive of taxes, with details of shipping and any other costs;
- method of payment;
- the date by which CABY undertakes to deliver the goods;
- terms, conditions, and procedures for exercising the right of withdrawal (Art. 6 of these terms and conditions) as well as the cancellation form in Annex I, part B of the Legislative Decree no. 21/2014;
- information on the fact that the CUSTOMER is liable for the cost of returning the goods in case of withdrawal;
- the existence of a legal guarantee of conformity for goods purchased;
ARTICLE 3 — Conclusion and validity of the contract
The sending of an email confirmation by CABY to the CUSTOMER is considered as confirmation of the online sales contract. The email contains the CUSTOMER’S data and order number, the price of the goods purchased, delivery costs, the address to which the goods will be delivered.
The CUSTOMER undertakes to check that his/her personal information is correct and to promptly notify CABY of any errors. CABY undertakes to describe and present the items sold on the website in the best way possible. Nevertheless, some errors, inaccuracies or slight differences may occur between the product shown on the website and the actual product. Furthermore, any photographs of the products that appear on www.primeat.it are representative only and do not constitute any part of the contract.
CABY undertakes to ship the goods within 7 working days after the email confirmation of the order is sent by CABY to the CUSTOMER.
ARTICLE 4 — Availability of products
Availability of products refers to current availability at the time the CUSTOMER makes the order. This availability must, however, be considered purely indicative as:
- the products could be sold to other CUSTOMERS prior to confirmation of the order,
- a computer anomaly could occur that would make a product available for purchase that in reality is not.
Partial or total non-availability of goods may also occur even after the email confirmation of the order has been sent by CABY. In this event, the order will be automatically adjusted by removing the unavailable product or products and the CUSTOMER will be immediately informed by e-mail; with this e-mail, the customer will also be informed about the methods and timing for the refund of any amounts paid.
ARTICLE 5 — Payment method
All payment by the CUSTOMER must be made using one of the credit cards listed on the website www.primeat.it, or by bank transfer.
In the case of credit card payments, the actual cost of the order will only be debited once the order is complete and ready for delivery.
ARTICLE 6 — Prices
All sale prices of the products shown on the website www.primeat.it are given in Euro and include VAT, and where applicable, the Raee (waste equipment) contribution.
Delivery charges are not included in the price but are shown and added at the end of the purchase process, before payment is made. The CUSTOMER acknowledges the right of CABY to modify their prices at any time, however, goods will be invoiced on the basis of prices shown on the website at the time the order is made and as shown in the order confirmation email sent by CABY to the CUSTOMER.
In the case of computer, manual, technical, or any other type of error that may result in a substantial change to the retail price, either substantially higher or substantially lower, not intended by CABY, the purchase order will be considered invalid and cancelled, and the amount paid by the CUSTOMER will be refunded within 14 days from the day of cancellation.
ARTICLE 7 — Right of withdrawal (clause valid only if the purchaser is a consumer) in accordance with the legal provisions in force, the CUSTOMER (consumer) has the right to withdraw from the purchase without any penalty and without specifying any reason, within 14 days from the date of receipt of the goods.
The CUSTOMER wishing to exercise the right of withdrawal must notify CABY by means of an explicit declaration, which can be sent by registered letter with acknowledgment of receipt or by going to the «My orders» section of the «My CABY account» space on the website www.primeat.it, with the creation of a computerized file for the Return.
The CUSTOMER may exercise his/her right to withdrawal by sending an explicit declaration containing the decision to withdraw from the contract, or alternatively submit the standard cancellation form, referred to in Annex I, part B, Legislative Decree no. 21/2014 (not mandatory) whose text, for the convenience of the Customer, is listed below:
Standard withdrawal form pursuant to Art. 49, paragraph 1, lett. h) (please complete and return this form only if you wish to withdraw from the contract) CABY S.r.l. Via G. Cavalli no. 8 Ind. Site, 15033 Casale Monferrato (AL) — ITALY telephone: 014279715, e-mail:email@example.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale for the provision of the following goods/services (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
(*) Delete the unused wording.
Where the right to withdraw is exercised, the CUSTOMER must return the goods within 14 days from the day on which he/she communicated his/her intention to withdraw from the contract to CABY, pursuant to Art. 57 of Legislative Decree no. 206/2005.
The goods must be returned to CABY S.r.l. Via G. Cavalli no. 8 Ind. Site, 15033 Casale Monferrato (AL) — ITALY.
The goods must be returned intact, in the original packaging, complete with all their parts (including packaging and any documentation and accessories, manuals, cables, etc.) and complete with the tax documentation attached. Without prejudice to the right to verify compliance with the above and the positive outcome of the verification, CABY will refund the amount of the goods subject to the withdrawal within a maximum period of 14 days.
Regarding the return of the product subject to withdrawal, all shipping costs will be charged to the Customer.
The Customer is also entitled to return the product purchased online to the CABY registered office. In this case, it is not necessary to create the online return file and all the costs related to the return will be borne by the customer (e.g. Petrol, disassembly of the product etc.).
According to Art. 56 paragraph 3 of Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2014, CABY can suspend the refund until the goods are received or until the CUSTOMER provides proof that the goods have been returned to CABY.
CABY will perform the refund using the same means of payment chosen by the CUSTOMER at the time of purchase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise his right of withdrawal, he must provide CABY, by accessing the contact section, the bank details: IBAN, SWIFT and BIC necessary to make the refund by CABY.
*It is understood that in case of a defect of the product the shipping costs will, in any case, be borne by CABY.
ARTICLE 8 — Legal guarantee of conformity
CABY guarantees its products, only from manufacturing defects, provided they are used correctly and in accordance with the technical specifications and operating instructions provided by CABY.
The guarantee period is 12 (twelve) months from delivery (date of transport document/accompanying invoice).
Unless otherwise agreed, CABY undertakes during this period to repair and/or replace the defective parts free of charge, provided that the replacement is requested by registered letter with acknowledgement of receipt or Certified Email within 8 (eight) days of its discovery and, in any case, not more than 30 (thirty) days from delivery.
The normal wear and tear of the products cannot be considered vices and defects.
This guarantee does not apply if the customer: makes changes to the products; performs or has repairs performed; does not make payments within the agreed terms; damage is caused by improper, negligent or careless use of the product.
If the sale is made in favour of a Consumer (a natural person acting for purposes unrelated to any business or professional activity), the guarantee will last for two years, and the defect must be reported within two months of its discovery.
ARTICLE 9 — Packaging and shipping methods
The standard packaging will be formed as follows: 4 cardboard corners, 3 polystyrene panels (right side – left side — front), cardboard cover, as well as being wrapped in stretch film
and pallet with a cardboard box. Where provided, and limited to certain items, the Customer has the right to request at the time of the order that the packaging is made up of a wooden crate, with an additional cost, which will be specified by CABY on the website or in the order confirmation.
CABY may choose the form of shipping that it considers most convenient unless otherwise agreed in any case that the goods travel at the risk and danger of the addressee. If the purchaser is a consumer, the specific rules laid down in the Consumer Code shall apply.
ARTICLE 10 — Liability
CABY assumes no responsibility for disruption due to force majeure or unforeseeable circumstances, even where caused by malfunctions or disruptions to internet services, in cases of failure to comply with the order within the expected time period of the contract.
ARTICLE 11 — Applicable law and Jurisdiction
The contract stipulated under these General Terms and Conditions is governed by Italian law and, as far as it is not expressly provided for, the rules of the Civil Code shall apply.
In the event of a dispute concerning its interpretation, application and execution, the Court of Vercelli or the Justice of the Peace of Casale Monferrato (AL) shall be considered competent, in relation to the value of the disputed right, with the express exclusion of any other Court.