General terms and conditions of sale
1 OFFER.
1.1 The sale of products offered on www.solaresicurezza.it (hereinafter referred to as the "Site") is governed by the following General Terms and Conditions (hereinafter referred to as the "General Terms and Conditions").
1.2 www.solaresicurezza.it is a trademark of Eri Service Srl, a company incorporated under the laws of Italy, tax code, registration with the Milan Register of Companies and VAT no. 11621940961, Milan REA registration no. 2615423, having its registered office in via Scarlatti 26 Milan 20124, Share Capital € 10000.00.
1.3 The products offered on the Site are marketed by Eri Service Srl. For any inquiries and/or communications and/or complaints regarding sales, products, payments, shipments, you may contact Customer Service at the following email: info@eri-service.it.
1.4 The purchase agreement and related procedures are available in Italian.
2 BASIC INFORMATION
2.1 Products on the site are offered for sale to individuals who have reached the age of majority.
2.2 Eri Service Srl reserves the right to terminate the contract at any time, that the buyer does not meet the requirements of 'art. 2.1.
2.3 Eri Service Srl reserves the right to make changes or additions to these General Conditions at any time by posting them on the website www.solaresicurezza.it. In any case, the Customer shall be bound exclusively by the General Conditions in the text in effect on the date the purchase order is placed.
2.4 By submitting a purchase order, the Customer acknowledges that he/she has carefully reviewed and fully accepted these Terms and Conditions, which can be viewed and downloaded at any time via the link on the Site. In this regard, Eri Service Srl recommends that the Customer download, save, or print the General Conditions in effect at the time the purchase order is submitted.
2.5 In order to place the purchase order, it is not necessary to register on the Site, while it will be necessary to accept, by checking the appropriate box, the General Terms and Conditions of Sale. Failure to accept these Terms will result in the inability to proceed with the purchase of the Products. The Customer guarantees that the personal information provided during the purchase process is true.
3 PURCHASING PROCEDURE
3.1 Each product selected by the user of the Site can be viewed on a special web page that contains a description, photographic images, and highlights the unit price (including VAT to the extent determined by the regulations of the state of reference), colors, and different sizes available.
3.2 The Customer, by choosing the items of his/her interest, will include those products in his/her Shopping Cart. A brief summary description of the selected products will be displayed in the Shopping Cart itself, along with one or more photographic images in digital format that allow for adequate representation of the products. It is understood that in case of discrepancies between the photographic images and the summary description, the latter will prevail and will be considered indicative of the product purchased.
3.3 The Customer is required to verify the accuracy of the contents of the Shopping Cart before confirming the order by completing the online purchase order form according to the instructions for the purchase procedure provided on the appropriate page of the Site and confirming that he/she has read and accepted these General Terms and Conditions. Having verified the correctness of the data relating to the chosen Product(s), the Customer must choose the payment method referred to in art. 5.
3.4 The purchase procedure is completed when the Customer selects the "Confirm Purchase" option on the order summary page displayed upon completion of the relevant procedure. At that time, the order is sent directly to Eri Service Srl for processing and cannot be further modified or cancelled.
3.5 By sending the order, the Customer confirms acceptance of the provisions of these General Terms and Conditions.
3.6 The Customer will also receive an e-mail message, confirming the order, to the address provided in the online purchase order form, containing a summary of the main terms and conditions of the contract and a link to the complete document of the applicable General Terms and Conditions.
3.7 Despite the fact that Eri Service Srl constantly takes measures to ensure that the photographs shown on the Site represent as faithful a reproduction as possible of the actual products, it is always possible for some divergences to occur caused by the technical characteristics and the quality of color resolution with which the terminal or screen used by the Customer is equipped. As a result of the above technical reasons, Eri Service Srl assumes no guarantee or responsibility for the absolute accuracy of the graphical representations of the products shown on the Site.
3.8 Eri Service Srl reserves the right to refuse purchase orders from a Customer that it deems unfit to fulfill its obligations, such as in the case, by way of example, of a previous violation of the contractual provisions for on-line purchases through the Site. It is understood in any case that all purchase orders sent constitute contractual proposals and that the conclusion of the contract is left to the discretion of Eri Service Srl, which is free to accept or reject orders.
4 AVAILABILITY
4.1 The Customer acknowledges that stocks of products offered by Eri Service Srl through the Site are limited. The Site displays products considered available for purchase by Customers. Occasionally there may be inconveniences with regard to the availability of certain products without any liability of Eri Service Srl to Customers. In such circumstances, the Customer will be informed of this fact as soon as possible (and in any case within the delivery terms specified below) by e-mail or telephone; consequently, the uncompleted order will be cancelled and the Customer will be offered the opportunity to place a new order by telephone or directly with new access to the Site. Cancellation of the entire order will not result in any charge to the Customer.
4.2 Eri Service Srl reserves the right to change or update the products offered on the Site at any time, without prior notice.
5 PRICE AND PAYMENT METHOD
5.1 The prices of all products offered for sale on the Site are expressed in Euro (€) and are inclusive of VAT at the rate in force in Italy (currently 22 %) if the Products are shipped by Eri Service Srl and delivered within the European Union.
5.2 The price does not include shipping costs. Eri Service Srl reserves the right to charge Customers a contribution for shipping costs of € 12.00, free of charge for amounts over € 99.00.
5.3 The contribution required by Eri Service Srl for shipping costs is indicated, separately from the Price, before the order is sent by the Customers and will be paid by the Customer together with the payment of the price.
5.4 The total amount, together with the shipping costs to be paid by the Customer, if applicable, as specified below, will be highlighted in the Cart and in the order summary page displayed upon completion of the relevant procedure.
5.5 Eri Service Srl reserves the right to change the prices of products offered for sale on the Site at any time and without notice. The Customer will be charged the prices published on the Site at the time the Customer submits the order, subject to the provisions of Art. 4.1 in case of non-availability of products.
5.6 Eri Service Srl only accepts payments made by:
5.6.1 Credit/debit card, prepaid. Payments are handled by a special form or on an external page directly from PayPal's secure payment platform; all transactions related to credit card payments are done in SSL (Secure Sockets Layer), the SECURE protocol adopted for worldwide transmission of information.
5.6.2 Bank transfer. Selecting the bank transfer payment method will display the IBAN to be used to make the transfer. The goods will be shipped only after receiving the transfer in the bank account.
5.7 Packages do not contain an invoice or any other documentation with the value of the goods. To request a copy of the tax document, it will be necessary to send a request via e-mail to info@eri-service.it. For each order placed, Eri Service Srl will issue a document accompanying the goods shipped. The document will be sent digitally or through the interchange system for electronic invoicing and will be understood to have been sent and received by the recipient if transmitted to the electronic address or unique code declared by the recipient. For the issuance of the aforementioned invoice, all information provided by the Customer at the time of the order shall be binding. No changes will be possible after the invoice is issued. The Customer is prohibited from entering false and/or imaginary data in the registration procedure; the personal data and e-mail must be their own real data only and not those of third parties. It is also prohibited to make multiple registrations or enter the data of third parties. Eri Service Srl reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers. The Customer releases Eri Service Srl from any liability arising from the issuance of erroneous tax documents due to errors related to the data provided by the Customer, the Customer being solely responsible for their correct entry.
5.8 1 In the event that one or more products are unavailable, the Customer will be contacted by telephone in accordance with Art. 4.1.
6 LIMITATIONS ON PRODUCT DELIVERY
6.1 Products will be shipped to the postal delivery address specified by the customer in the online purchase order form.
6.2 Eri Service Srl will not ship any order addressed to a P.O. Box, nor will it accept any order in which it is not possible to identify the person who placed the order, the recipient of the products ordered, or the delivery address.
7 MODE OF DELIVERY
7.1 Delivery methods and times are those indicated in the confirmation of the purchase order; however, this information is to be considered purely indicative and not binding for Eri Service Srl.
7.2 The shipping costs are viewable by the Customer, together with the total price for the purchase of the products, before the confirmation of the order, in the Shopping Cart and on the summary page of the purchase order.
7.3 The Seller undertakes to do everything within its power in order to comply with the delivery times indicated on the Site and, in any event, to execute the delivery within a maximum time of 30 (thirty) days from the day following the day on which the order is sent by the Customer.
7.4 Upon shipment of the package with the ordered items, the assigned courier will send the Customer an e-mail to the address indicated in the online purchase order form that will contain a tracking code and a link that will allow tracking of the delivery.
7.5 In the event of problems or delays in delivery of more than 10 (ten) working days after the date indicated in the order confirmation e-mail referred to in Art. 3.8, the Customer is required to report the fact to the email info@eri-service.it using the Contact section on the Site.
7.6 The Customer undertakes to check as soon as possible that the delivery includes all and only the products purchased and to promptly inform Eri Service Srl of any possible defect in the products received or their discrepancy from the order placed in accordance with the procedure set out in point 9 below; otherwise the products shall be deemed accepted.
7.7 Should the packaging of the products arrive at their destination obviously damaged, the Customer is requested to refuse delivery by the shipper or accept delivery "with reservation."
7.8 The goods are delivered to the "street" level. We also warn that NO assembly, installation, scrapping, or collection of used items is done.
8 WITHDRAWAL AND RETURN
8.1 The Customer has the right to withdraw from the sales contract, without specification of reasons, within 14 (fourteen) days from the date of delivery of the products, without penalty.
8.2 In addition, the Customer is guaranteed a right to return products, which can be exercised within the same time period as the right of withdrawal in accordance with the procedures set out on the Site under "Withdrawal/Return Procedure."
8.3 To avail of the rights provided for in Articles 8.1 and 8.2, the Customer must complete the Return Form downloadable in the "Withdrawal/Return Procedure" section of the Site specifying the quantity of items the Customer wishes to return. The Return Form must be completed according to the "Instructions" contained in the "Withdrawal/Return Procedure" section of the Site.
8.4 Following receipt of the Return Form in accordance with the "Instructions to the Withdrawal/Return Procedure", Eri Service Srl will provide the Customer with the return code to be indicated for the return shipment and related instructions.
8.5 In the event of the Customer's exercise of the withdrawal/return rights set forth in this Article: (i) The Customer agrees in all cases to return the products within 14 days from the date of the exercise of the right of withdrawal/return; (ii) Shipping costs associated with the return of products shall be borne by Eri Service Srl; (iii) Eri Service Srl undertakes to refund the price in the shortest time possible and in any case within 14 days from the date of receipt of the returned products, provided that the same have been returned in their original condition, undamaged and unused, together with the original packaging and any accessories, quality labels and instruction manuals.
8.6 Eri Service Srl will refund the price, pursuant to Art. 8.5, using the same payment method used by the Customer, unless the Customer has expressly requested a different method. In the case of a bank transfer or cash on delivery payment, it will be the Customer's responsibility to provide the bank details on which to obtain the refund (IBAN and account holder).
8.7 Eri Service Srl will not give rise to any refund of the price if the Customer exercises the right of withdrawal/return in a manner that does not comply with the terms and conditions set forth in the Withdrawal/Return Procedure and this Article.
8.8 Eri Service Srl will check whether the returned products are indeed in their original condition; if the products returned by the Customer are damaged, incomplete, deteriorated, and/or dirty, they will not be refunded. The right of the same to claim compensation for any damage or mismatch with the products delivered to the Customer remains unaffected. If the return of the products for withdrawal or return is entrusted to a carrier other than the one indicated by Eri Service Srl, the latter will not be responsible for the loss of products and shipments to the wrong addresses or delays in the delivery of products. It is understood that the Customer assumes all risks associated with the shipment.
8.9 In the event of a return request, Eri Service Srl reserves the right to offer the Customer replacement products of the same amount.
9 CONFORMITY DEFECT
9.1 Upon delivery, the Customer must check the products to ensure that they match the items ordered. Any anomaly found on delivery (by way of example, tampering or damage to the packaging, damaged products, missing items, etc.) must be indicated on the delivery document in the form of an express reservation signed by the customer.
All products marketed enjoy the legal guarantee of conformity, provided for in Articles 128 et seq. of the Consumer Code, which covers any lack of conformity of the purchased items existing at the time of delivery and manifested within two years of delivery. Excluded from the conformity defects and, therefore, from the legal warranty, are any defects or damages caused by accidental facts or by the Customer's responsibility for use of the products not in accordance with their intended use or effect of normal wear and tear.
9.2 If the products do not correspond to those ordered, the Customer is required to promptly inform Eri Service Srl through Customer Service and has the right to demand the execution of the order, subject to return of what has been received, or, in the event of non-availability of the products ordered, to order different items of the same nature or, alternatively, to be reimbursed for any difference in price or to cancel the entire order, according to what is indicated in art. 4.1.
9.3 In case of non-conformity of the products, the Customer shall have the right to have them restored without charge by repair or replacement.
9.4 The costs incurred by the Customer for the return of products determined to be defective or non-conforming shall be borne by Eri Service Srl.
10 LIMITATION OF LIABILITY
10.1 Eri Service Srl shall not be liable to the Customer in any way as a result of (i) damage or loss caused by the products or their use by the Customer (subject in each case to the application of the mandatory rules on producer liability); (ii) damages that are not caused by default of Eri Service Srl; (iii) loss of business or trade opportunities.
11 INTELLECTUAL PROPERTY RIGHTS
11.1 The trademark www.solaresicurezza.it, as well as the set of figurative and non-figurative trademarks and more generally all other trademarks, illustrations, images, and logos present on the products, their accessories, and packaging, whether registered or not and sold on the website www.solaresicurezza.it, are and remain the exclusive property of Eri Service Srl. The total or partial reproduction, modification, or use of the aforementioned trademarks, illustrations, images, and logos, for whatever reason and in whatever medium, without the prior express agreement of Eri Service Srl, is absolutely prohibited. The Site and its contents (including the E-shop section) may be used only for personal and non-commercial purposes.
11.2 Any combination between the aforementioned trademarks and other trademarks, symbols, logos and, more generally, any distinctive sign suitable for making a composite logo is also prohibited.
11.3 The total or partial reproduction, modification, transfer by electronic or conventional means or use of drawings, models and patents, which are the exclusive property of Eri Service Srl and therefore protected by the current legislation on distinctive signs, are also absolutely prohibited.
11.4 On the pages of the Site may also be present trademarks, company names, images and logos, owned by third parties with whom Eri Service Srl has collaborative relationships. These marks are equally protected by current legislation.
12 PRIVACY
12.1 All personal data are treated confidentially according to the guidelines contained in the "Privacy Policy", which can be viewed in the 'appropriate section of the Site.
13 APPLICABLE LAW
13.1 These General Conditions shall be governed by and construed in accordance with the laws of Italy.
13.2 Any dispute that may arise in connection with the General Conditions and/or the Sale and Purchase Agreements shall be subject to the exclusive jurisdiction of the Court of residence (or domicile) of the consumer. With reference to cross-border disputes, the platform, made available by the European Commission for the resolution of any dispute arising from an online contract concluded on the site, can be accessed at the following link: https://webgate.ec.europa.eu/odr.
14 CONTACTS
14.1 For any complaints, further information or assistance regarding the Site or the purchase procedure, the Customer may contact the Customer Service of Eri Service Srl, whose references are indicated in the "Contact" section of the Site.