Terms and conditions
ART. 1 PREMISES
- a) the buyer will not have the right of withdrawal pursuant to article 10;
- b) the buyer will not be entitled to guarantees on the products listed in article 8 or any other legal guarantee;
- c) the buyer will not be granted any other guarantees in favor of the consumer provided by law.
Art 2. DEFINITIONS
Electronic commerce contract: sales or service contract under which the Seller , or his intermediary, offers goods or services via a website , or other electronic means, and the Buyer (consumer), places an order for such goods or services on such website , or through other electronic means organized by the Seller .
Sales contract Any contract according to which the Seller transfers, or undertakes to transfer, ownership of goods to the Buyer and the latter pays, or undertakes to pay, the price.
Service contract Any contract, other than a sales contract, under which the Seller provides, or undertakes to provide, a service to the Buyer and the latter pays, or undertakes to pay, the price thereof.
Consumer Code Reference legislation for consumer protection, dictated by Legislative Decree 6 September 2005, n. 206, as last amended (hereinafter, for brevity, the " Consumer Code ").
Buyer The expression Buyer means the consumer, or user, a natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out (art. 3, letter a, Consumer Code ) .
Seller The expression Seller means the natural or legal person who acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity, or his intermediary (art. 3, letter c, Consumer Code ) .
Producer Producer is the manufacturer of the finished good or one of its components (art. 115, paragraph 2-bis, Consumer Code ).
Compliance with the Contract All those goods comply with the Contract in relation to which the following circumstances coexist, if relevant: i) they are suitable for the use for which goods of the same type are usually used; ii) conform to the description made and possess the qualities of the goods presented as a sample or model; iii) present the usual quality and performance of a good of the same type, which the Buyer can reasonably expect, taking into account the nature of the good and, if applicable, the public declarations on the specific characteristics of the goods made in this regard by the seller, the manufacturer or by its agent or representative, in particular in advertising or labelling; iv) are also suitable for the particular use desired by the Buyer and brought to the attention of the Seller by him at the time of conclusion of the Contract and which the Seller himself has also accepted for conclusive facts (art. 129, paragraph 2, Consumer Code ) .
Defective good A good is defective when it does not offer the safety that can legitimately be expected taking into account all the circumstances, including: a) the way in which the good was put into circulation, its presentation, its obvious characteristics, the instructions and warnings provided; b) the use to which the asset can reasonably be put and the behavior that can reasonably be expected in relation to it; c) the time in which the good was put into circulation. A good cannot be considered defective simply because a further improvement has been put on the market at any time.
- SALE OF GOODS PROMOTED ONLINE
3.1 With the Contract the Seller sells to the Buyer, who purchases, via electronic means, the goods offered on the Site .
3.2 The sarmog.com website presents the catalog of goods and/or services promoted online by the Seller . These goods are represented on the Site accurately.
3.3 The Seller is not able to guarantee a timely and exact correspondence between the real consistency of the goods promoted online and the relative representation on the Buyer 's monitor . In the event of discrepancies between the image of the goods visible online and the relevant information sheet, drawn up in writing, only the latter will prevail.
- UPDATE OF THE ONLINE CATALOG - AVAILABILITY OF GOODS
4.1 The Seller ensures, through its IT system, the processing and fulfillment of the order without delay, according to the procedures referred to in Art. 5 of these General Conditions of Online Sales . The Seller 's electronic catalog indicates in real time the available and unavailable goods, as well as the expected times for their shipment. The Seller confirms the registration of the order as soon as possible by forwarding the specific confirmation (so-called Order Receipt) to the Buyer by email.
4.2 If an order exceeds warehouse availability, or for other reasons is not available, it is the Seller 's responsibility to promptly inform the Buyer of the unavailability of the goods in question and if possible, the waiting times to obtain it, again asking for confirmation of the the order according to the different timescales indicated by the Seller . This communication will take place via e-mail, or telephone,
- DESCRIPTION OF THE TECHNICAL PHASES NECESSARY TO CONCLUDE THE CONTRACT
5.1 The Contract between Seller and Buyer will be concluded exclusively online . Once accessed the e-Shop , the Buyer must follow the procedures/instructions indicated therein to formalize the purchase of the goods and/or services by filling in the forms prepared by the Seller . If intending to purchase online , the Buyer must duly select the desired goods and/or services, one at a time, placing them in the cart configured by the Seller . Once the desired goods and/or services have been selected, the Buyer will be asked to close their cart by forwarding the list of desired references to the Seller . Before forwarding, a form will be displayed to confirm the purchase order of the selected goods and/or services, with an indication of the relative prices, as well as the options given to the Buyer, who will be responsible for identifying the delivery, transport and payment methods for the execution of the contract. Through order confirmation, the Buyer undertakes to check and validate, before sending, his personal data, the goods/services covered by the Contract , their prices, with any shipping costs and/or additional charges, confirming the chosen payment methods and terms, the delivery address, as well as any other data requested. The format of the order confirmation instructs the Buyer in advance about the execution times of the Contract , drawing attention to the right of withdrawal, as well as the other rights reserved by law to the Buyer. Once the required checks have been carried out, it will finally be up to the Buyer to select the interactive button - present at the bottom of the web page - by clicking on the " Confirm purchase order with obligation to pay " box , thus forwarding the order to the Seller .
5.2 The online publication of goods and/or services via the Site constitutes a simple invitation to offer so that the Buyer can formulate a purchase proposal ; in this sense the Buyer 's order , previously confirmed by the Buyer , constitutes exclusively a contractual proposal, subject to these General Conditions of Online Sale , which the Buyer declares to know and accept. The order confirmation - duly completed and verified as per instructions - will be acknowledged by the Seller with receipt to the Buyer 's email address for the sole purpose of confirming its receipt in the Seller 's computer system , which will thus begin to process the order , verifying the data provided by the Buyer , such as the availability of what is requested. The Seller 's receipt does not constitute acceptance of the purchase proposal. This receipt - with attached " Order Number " to be used in any communication with the Seller - presents, in addition to the information required by law , all the above data, which the Buyer will verify again by promptly communicating to the Seller any possible correction of the case. If the inaccurate indication of prices or other characteristics of the goods and/or services promoted online is found , such as the unavailability of the requested goods, the Seller will promptly notify the Buyer inviting him to carry out - if still interested - rectification of the order, or following cancellation of the previous one, new order, according to the methods that will be promptly communicated.
5.3 The Seller has the right to accept, or not, the order sent by the Buyer , without the latter being able to advance rights and/or claims of any kind, for any reason, including compensation, for non-acceptance of the order itself. The Contract will be concluded only when a separate e-mail (or message in the communications center on the Site or equivalent) accepting the purchase proposal is sent, which will also contain information relating to shipping and the expected delivery date ( Confirmation of Shipping ). If the order is processed with several shipments, the Buyer may receive separate and distinct Shipping Confirmations . The Buyer may, however, cancel his order before receiving the Shipping Confirmation , provided that the order has not been prepared for the shipping process. In this case no cost will be charged. However, the right of withdrawal is without prejudice to the terms and conditions set out in the following Art. 10.
5.4 The amount due will be charged only when the goods included in the order are shipped. Once payment for the requested goods/services has been received, the Seller will proceed to issue the relevant tax document
5.5 The Contract will not be concluded, remaining void of any effect, if the procedure referred to in this article is not punctually respected.
5.6 For any errors, typos or problems in filling in the online formats and, more generally, in carrying out the purchase procedures prepared by the Seller, the Buyer is invited to contact, without delay, the following email: ordini@sarmog .com.
5.7 Delivery to floor and Assembly services are subject to a dedicated quote and payment, subsequent and separate from the order of the products.
- PAYMENT OF THE PRICE, TAXES AND ANY ACCESSORY CHARGES
6.1 The Buyer undertakes to pay the requested price for the goods purchased online , according to the times and methods indicated on the Site.
6.2 The prices of the goods promoted via the Site, like any other charge/expense inherent to the invitation to offer , are expressed in Euros.
6.3 Prices include VAT and all other taxes. Shipping costs, as well as any additional charges, such as customs clearance , if any, although not included in the sales price, will be indicated and calculated by the Seller in the purchase procedure, before sending the order confirmation , and promptly specified in the summary of the order itself ( order receipt ).
- METHOD, TIMELINES AND SECURITY OF PAYMENTS AND ANY REFUNDS
7.1 Payment for goods/services purchased online will take place according to methods chosen by the Buyer, among those expressly permitted by the Seller and promptly specified in the sarmog.com section of the Site . The use of the aforementioned payment methods does not entail any additional burden for the Buyer , without prejudice to any costs borne by the Seller , promptly proven and communicated to the Buyer .
7.2 Any refund to the Buyer will be credited using one of the methods proposed by the Seller and chosen by the Buyer , and, in the event of his withdrawal, within a maximum of 30 days. (thirty days) from when the Seller received the returned goods at the destination address.
7.3 All communications relating to payments take place on a special encrypted line, which guarantees the storage of such information with a high level of security and in compliance with current legislation on the protection of personal data.
- DELIVERY METHODS AND TIMES
8.1 The Seller will deliver the goods ordered, without unjustified delay, at the latest, within 30 days. (thirty days) from the date of conclusion of the Contract , in the manner indicated on the website , or, alternatively, chosen by the Buyer .
8.2 If the Seller is not able to make the shipment within the deadline referred to in the previous paragraph, it will promptly notify the Buyer by e-mail, or by telephone, to the contact details provided during online registration and forwarding of the order from ' Buyer.
- CONSERVATION/ARCHIVING METHODS OF CONTRACTUAL DOCUMENTS
9.1 Pursuant to art. 12 Legislative Decree. 70/2003, as well as articles. 50-51 Consumer Code , the Buyer is informed that each order sent online will be stored and archived in digital and/or paper format by the Seller , according to adequate confidentiality and security criteria. For any copies or other requests in this regard, the Buyer is invited to contact the Seller at the following address firstname.lastname@example.org.
- TERMS AND METHODS FOR EXERCISING THE RIGHT OF WITHDRAWAL
10.1 The Buyer has the right to withdraw from the Contract , without penalty and without specifying the reason, within 14 days. (fourteen calendar days), starting from the day on which the Buyer acquired physical possession of the goods.
10.2 The right of withdrawal is exercised by communicating to the Seller via email at email@example.com.
10.3 The return of the goods by the Buyer must take place without delay and, in any case, within 14 days (fourteen days) from the date of purchase. The costs incurred for returning the goods to the Seller are payable by the Buyer. The adoption of every possible precaution is required when proceeding with the shipment, using the original wrapping and packaging of the goods, or in any case equivalent, which preserve its integrity and adequately protect it during transport. The return of the goods following the exercise of the right of withdrawal must be made to the following address: Sarmog srl, Via Pizzamiglia 7, 42016 San Girolamo di Guastalla (RE).
10.4 The Seller will refund the price of the goods for which the reconsideration has been exercised within 14 days (fourteen days) of receipt of the returned goods at the destination address sent by the Buyer . Generally, the Seller will use the same payment method chosen by the Buyer for the initial transaction, unless the Buyer himself has arranged otherwise; in this case , any additional costs resulting from the different means of payment chosen will be the sole responsibility of the Buyer . The Seller will have the right to withhold the reimbursement until receipt of the goods.
10.5 Returned products must be returned unused, intact and in a condition to be resold, in their original packaging complete in all its parts (including packaging and documentation and accessory equipment).
10.6 Once the communication with which the Buyer expresses his desire to exercise the right of withdrawal has been received from the Seller, all constraints connected to the Contract will cease , without prejudice to the provisions of this Article.
- GUARANTEE OF CONFORMITY, COMPLAINT AND ACTIVATION OF PROTECTIONS; ANY OTHER WARRANTIES
11.1 The Buyer is guaranteed the conformity of the goods with the Contract within two years (2 years) of their delivery. Unless proven otherwise, any defects of conformity that appear within 6 months (six months) from the date of delivery of the goods are presumed to already exist on that date, unless this is incompatible with the nature of the goods or with the lack of conformity. in question.
11.2 In the absence of conformity of the goods with the Contract , the Buyer may request, alternatively and without charge, the repair or replacement of the purchased good, or a reduction in the price, or the termination of the Contract , unless the request is objectively impossible to satisfy, or is excessively burdensome for the Seller pursuant to art. 130, paragraph 4, Consumer Code . If repair and replacement are impossible or excessively burdensome, or the Seller has not repaired or replaced the goods within the agreed terms or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer , the latter may request, at your choice, a price reduction or termination of the Contract .
11.3 The Buyer loses all rights related to the conformity of the goods with the Contract if he does not report the lack of conformity complained of to the Seller within 2 months (two months) from the date of its discovery. The aforementioned term does not apply if the Seller has expressly recognized the defect or has consciously concealed it. In any case, the report must specify the non-conformity found, as well as at least one photograph of the goods in question, all accompanied by a tax receipt from the Seller proving the purchase.
11.4 The Buyer must send the complaint, and related requests, alternatively to one of the following addresses: i) Sarmog srl, Via Pizzamiglia 7, 42016 San Girolamo di Guastalla (RE) for communications via registered letter with return receipt; ii) or, via PEC, to the following certified mailbox firstname.lastname@example.org, or via ordinary email to email@example.com. Having received the complaint/request and related documentation, the Seller will evaluate the non-conformity reported by the Buyer and, after having carried out the necessary checks, will authorize, or not, the return of the goods by providing the Buyer with a " Return Code ", sent via e-mail. -email to the address provided when placing the order. However, the authorization to return the goods does not constitute recognition of non-conformity. The goods - for which the Seller has authorized the return - must be returned to the address expressly indicated, together with a copy of the return authorization bearing the " Return Code " and in full compliance with the precautions set out in Art. 10.3.
11.5 If the Seller is required to refund the price paid to the Buyer , in whole or in part, the refund will be made, where possible, using the same means of payment used by the Buyer when purchasing the goods, or, alternatively, by bank transfer. It will be the Buyer 's responsibility to communicate to the Seller , already at the time of the complaint/request, the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to be able to return the sum due.
11.6 The right to replacement is in any case subject to the following conditions:
1) the purchased good must be returned unused, intact and in a condition that it can be resold, in its original packaging complete in all its parts (including packaging and documentation and accessory equipment);
2) the shipment, until receipt is certified in our warehouse, is under the complete responsibility of the customer. We are not responsible in any way for damage or theft/loss of goods returned by uninsured or untracked shipments (e.g. priority mail).
3) in the event of damage to the goods during transport, we will promptly inform the customer of the incident (within 5 working days of receiving the goods) to allow him to file a complaint against the courier he has chosen and obtain a refund of the amount value of the property (if insured);
4) if the return is returned intact in all the above points, we will refund the cost of the goods only (not shipping costs) within 30 days of receiving the returned goods.
11.7 All products (excluding perishable goods) can be exchanged as long as they are returned in their original sales conditions, therefore not used or worn, with intact packaging, any packaging material and guarantee seals.
It is possible to exchange the product within and no later than 14 days:
- for in-store purchases: from the date of purchase;
- for online: from the moment of receipt of the package;
- for orders with Local Pick Up: from the moment the order is reported as "completed".
The products can be exchanged under the same conditions as above but only with other discounted products in the same product category.
Shipping costs are always paid by the customer, unless the returns are caused by defective products or order errors committed by Sarmog itself.
- NON-ATTAINABLE DEFAULTS - UNAUTHORIZED PAYMENTS
12.1 The Seller is not responsible for failure or delayed execution of the Contract if this depends on disservices attributable to causes of force majeure, unforeseeable circumstances, or in any case not attributable to the Seller .
12.2 The Seller assumes no responsibility for any fraudulent, illicit or irregular use of credit cards, checks or other means of payment, attributable to willful or negligent conduct, even through slight negligence, of the Buyer with respect to the obligations of custody and promptly inform the issuer of the aforementioned means of payment.
- DEFECTIVE PRODUCTS, COMPENSABLE DAMAGES AND RELATED PROBATIVE COSTS
13.1 The Manufacturer is responsible for damages caused by defects in the goods promoted/sold via the Site . Pursuant to art. 116 Consumer Code, the Seller will be responsible for the damage caused by a defect in the goods sold, if he fails to communicate to the damaged party, within three months of the request referred to in the following third paragraph, the identity and domicile of the Producer, or of the the intermediary who supplied him with the good in question.
13.2 The injured party may request compensation for damages caused by death or personal injury, or by the destruction or deterioration of something other than the defective good, provided that it is normally intended for private use or consumption and in this sense used by the injured party. In the latter case, pursuant to art. 123 of the Consumer Code, damage to anything other than the defective goods will be compensable only to the extent exceeding the sum of €387.00 ( three hundred-eighty-seven-euros ). In any case, it will be up to the injured party to prove both the defect and the damage, as well as the necessary causal connection between the defect and the damage suffered.
13.3 The request for damage, which must be made exclusively in writing, must specify the goods that caused the damage, as well as the date and place of the relevant purchase. Furthermore, if it still exists, it will be the injured party's responsibility to offer the goods in question for viewing, according to the instructions given by the Manufacturer, or Seller , or by third parties indicated by them.
13.4 Compensation for damage will be excluded if the injured party, aware of the defect of the goods and the related dangers, is nevertheless voluntarily exposed to them. In the presence of fault of the injured party - who using ordinary diligence could have avoided the damage suffered - the compensation requested will be excluded or reduced in proportion to the severity of the fault attributable to the victim.
13.5 Any liability for the consequences deriving from defective goods is excluded if the defect itself is attributable to the conformity of the goods with a mandatory legal rule, or other binding provision, or if the state of scientific and technical knowledge, at the time in which the goods had been put into circulation, it still did not allow it to be considered defective.
- SPECIFIC HYPOTHESES FOR AUTOMATIC TERMINATION OF THE CONTRACT
14.1 The timely payment of goods purchased online, pursuant to Art. 6.1 of these General Conditions of online sales , such as the payment of any further charges and/or commitments referred to in Art. 6.3, are essential obligations of the Contract .
14.2 Unless justified by fortuitous circumstances or force majeure, failure to fulfill the aforementioned obligations will result in the legal termination of the Contract pursuant to art. 1456 cod. civil
- PROCESSING OF THE BUYER'S PERSONAL DATA (REFERENCE TO THE SPECIFIC INFORMATION)
15.1 The Seller protects the Buyer 's personal data , guaranteeing full compliance of their processing with the relevant legislation and, in this case, with Regulation 679/2016 as well as with the relevant national regulations ( Privacy Code , as last amended by Legislative Decree. 101/2018).
- CONTACTS OF THE SELLER AND THE BUYER
16.1 Official communications addressed to the Seller, as well as any complaints from the Buyer , will be valid only if sent via registered letter with return receipt to Sarmog srl, Via Pizzamiglia 7, 42016 San Girolamo di Guastalla (RE), or forwarded via e-mail to following address firstname.lastname@example.org, or to the following certified email address (PEC) email@example.com.
16.2 The Buyer indicates, when registering on the Site or in the order confirmation form , his/her residence or domicile, the relevant telephone numbers and the e-mail address to which communications will be sent by the Seller .
- AVAILABLE LANGUAGES AND SUB-NATIONAL USABILITY OF THE SITE
17.1 The Site and related services can be used in Italian.
17.2 These general online sales conditions are available in Italian. If translated into other languages, the only authentic version will be the one in Italian.
17.3 Accessible from computers , tablets , smartphones or other devices , wherever located, the Site promotes goods and/or services intended mainly for the national market. Orders coming from third countries, except as specified below, will be accepted and processed as agreed. In this case, unless otherwise agreed, delivery will take place at the Seller 's headquarters . The Seller/Manager reserves the right, however, to suspend/terminate, with short notice and without any penalty, any promotion, marketing, sale or supply of goods and/or services through the Site, in the event of legal/legal obstacles . tax/customs, or, in any case, of an objective type (and not subjective connected only to the geolocation of the User ), preclude the receipt of the order and/or the execution of the Contract with Users resident or domiciled in third countries.
18 OUT-OF-COURT ONLINE DISPUTE RESOLUTION
18.1 As per EU Regulation 524/2013, the Buyer is informed of the right to defer the resolution of any dispute with the Seller - regarding the offer and purchase of goods and/or services promoted online - to active bodies/companies/offices in alternative dispute resolution (so-called ADR - Alternative Dispute Resolution ), through simple, rapid and economical web procedures (so-called ODR - Online Dispute Resolution ).
18.2 For any information on the aforementioned ODR procedures please visit the following site: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage .
- COMPETENT COURT AND LAW APPLICABLE TO THE CONTRACT
19.1 Any dispute between the Seller and the Buyer relating to the Contract, and its execution, will be regulated by Italian law and administered, except for exceptions, by the judges of the consumer court . In any case, the Buyer will be guaranteed the rights conferred by the mandatory consumer protection regulations in force in the relevant country of residence and/or domicile.19.2 For the reference rules regarding competent jurisdiction and applicable law to the Contract , please refer to art. 66 bis of the Consumer Code , art. 18 of EU Reg. 1215/2012, art. 6 of EU Reg. 593/2008, as, finally, in articles. 3 and 57 of Law no. 218/1995.