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General conditions of sale

GENERAL CONDITIONS OF SALE FOR ONLINE CONSUMER GOODS

July 2019 version

Supplier identification

The goods subject to these general terms and conditions are offered for sale by Servetto S.r.l. with a registered office in Via Brughetti 32, Bovisio Masciago (MB), Italy, registered at the Monza and Brianza Chamber of Commerce in the Register of Companies No. 01144120159, fiscal code No. 01144120159, VAT No. 00704600964, and hereinafter referred to as “Supplier”

1) DEFINITIONS

1.1 The term "online sales agreement" refers to an agreement of sale relating to tangible movable property belonging to the Supplier, which is entered into by this party and the Purchaser in a distance selling environment, using telematic means, managed by the Supplier and carried out in full compliance with the distance selling regulations and in particular, with Articles 45 et seq. of the Italian Consumer Code (D.lgs No. 206 of 6 September 2005 and subsequent amendments)

1.2 The term “Purchaser”, shall, in the absence of no further specifications, include either the consumer, a natural person undertaking the consumer purchase, under this contract, for purposes not related to commercial or professional activity, or the professional, i.e. the natural or legal person acting in the course of their entrepreneurial, commercial, craft or professional business or as an intermediary, unless otherwise specified that they are a sole consumer, i.e. a sole practitioner.

1.3 The term «Supplier» is the party indicated in the headnote.

1.4 These general conditions for distance sales must be carefully read by the purchaser - consumer prior to completing the distance purchase procedure of “Servetto” products. Completing an order through the www.servettocose.com website implies complete and absolute knowledge of these general conditions of sale and their full acceptance: the purchaser - consumer by submitting their purchase order via the aforementioned website, unconditionally accepts and agrees to observe in their dealings with Servetto S.r.l., these general conditions of sale, as well as the payment conditions described below, declaring to have read and accepted all the information provided in the same, and acknowledging that the Supplier - Servetto S.r.l. is bound to the same conditions, unless previously agreed in writing.

1.5. These general conditions of distance sales can be printed and kept by any person who has visited the www.servettocose.com website and they are to be considered applicable and effective as long as they are accessible from the said website. If these general conditions of distance sales are removed from the www.servettocose.com website, it irrevocably and automatically implies the inapplicability, ineffectiveness and unenforceability of Servetto S.r.l.’s terms and conditions, in relation to purchases made after their removal from the site, and this is also the case if those general conditions were available and/or accessible to the public via other websites than the one specified above.

2) SUBJECT OF THE AGREEMENT

2.1 In virtue of this Agreement, through the use of telematic instruments provided by the Supplier - Servetto S.r.l., operating under the “Servetto” brand sells and the Purchaser respectively purchases the Products indicated and offered up for sale on the website www.servettocose.com at a distance.

2.2 The products referred to in the previous point, are shown on the following web page: www.servettocose.com.

3) PRODUCT ORDERS

3.1 A product is ordered in the following ways: The Purchaser shall select the desired product and click on the “Add to cart” button. Once all of the desired products have been placed in the cart, the purchaser must select the country of delivery, by clicking on the appropriate drop-down menu and then clicking on the “Buy now” button. The purchaser will then have to register, by also providing a valid email address - and reading the Privacy and Cookie policies, in addition to the General Conditions of Sale - or log in, if they have already registered. They will then have to click on the “Buy now” button. The purchaser will next have to choose the delivery method: via express courier or collection from Servetto S.r.l. and choose the payment method (advance bank transfer, PayPal or credit card) and then click on “Confirm.” The order is submitted:

- With an advance bank transfer from the purchaser’s own or joint bank account

- Via PayPal/ Visa or MasterCard credit card etc.: by completing the payment process via the PayPal website.

3.2 Following the confirmation of the order placed by the Purchaser, the system will automatically send an email containing the general terms and conditions of the Agreement, the Privacy Policy and the Customer Order Number, which is to be used in any further communication.

3.3 Once Servetto S.r.l. has verified the receipt of payment and the actual stock availability of the required goods, the Supplier shall deliver the goods within thirty days or indicate the day when they will be available for collection at the company, if the latter method was chosen.

3.4 Servetto S.r.l. reserves the right to assess whether to accept the orders it receives or not. The company will notify the Purchaser if it is impossible to accept the order for any reason within 30 days, starting from the day after the Purchaser transmitted the order to the Supplier and will refund any amounts already paid by the Purchaser, in relation to this order.

3.5. The Purchaser agrees to print out and keep this Agreement once the online purchase procedure has been completed.

3.6. The Purchaser undertakes to enter truthful information and names during the order process, relieving henceforth Servetto S.r.l. of all liability arising from incorrect financial documents and/or delayed delivery, caused by incorrect information being supplied directly by the Purchaser, the latter of which is solely responsible for correctly entering information.

3.7 The information contained in this Agreement must be read and accepted by the Purchaser, who acknowledges, that this step is mandatory before the purchase can be confirmed.

4) PRICES

4.1 All of the selling prices for the products displayed and indicated on the www.servettocose.com website are expressed in Euros and are inclusive of VAT and all other taxes.

4.2 The delivery charges, whilst not included in the purchase price, are charged to the Purchaser and indicated and calculated during the purchase procedure prior to the Purchaser’s order being made.

4.3 In accordance with the provisions of Art. 51, para. 7 of the Italian Consumer Code, the Purchaser - Consumer receives, after the conclusion of the Agreement, the written confirmation of the ordered product, its price, the order total, and, within the General Terms and Conditions of Sale, the information regarding the right of withdrawal, indicating the timeframes and procedures for returning goods, the address for sending any complaints, information about the customer support services and the existing legal and commercial guarantees.

5) PAYMENT AND REFUND PROCEDURE

5.1 The Purchaser can make all payments via the methods indicated in the above Article 3 of these general terms and conditions Agreement.

In the event that for whatever reason, the amounts due to be paid by the Purchaser are not received, the sales process and in turn the sale, will be cancelled.

5.2 If when placing the order, the Purchaser indicated their intention to pay via bank transfer, the same may use the bank details that will appear on the screen when the pay by bank transfer method is chosen. The payment must be received by Servetto S.r.l. within the next 10 days. The products will be prepared for delivery as soon as the payment has been received: if the payment has not been received within 10 days, the order will be considered cancelled.

5.3 Any refunds due to the Purchaser will be credited by bank transfer using the bank details that were provided by the Purchaser in a timely manner and, if exercising the right of withdrawal, within the timeframes and using the procedures indicated in Article 9 of this Agreement.

5.4 All communications relating to payments are made on a specific Supplier-protected line. The Supplier guarantees that this information will be stored with an additional layer of protection and in accordance with the provisions of the current legislation on the protection of personal data, with particular reference to the GDPR 2016/679.

6) TIMEFRAMES AND DELIVERY PROCEDURES

6.1 Servetto S.r.l. will deliver the selected and ordered products via couriers and/or trusted forwarding agents, to the Purchaser at the address indicated by the same during the order payment process.

6.2. In compliance with the regulatory provisions of Art. 61 of the Italian Consumer Code, Servetto S.r.l. will execute the product order no later than 30 days from the date the purchase price was received, unless Servetto S.r.l. has not communicated - within the same period - that the order has not been accepted pursuant to the previous Article 3.4.

6.3. Delivery times (except in cases that are not directly attributable to Servetto S.r.l.) can vary from a minimum of five to a maximum of thirty days from receipt of the order’s payment. With regards to the maximum delivery time, this refers to the date of the courier’s first attempt to deliver the goods to the recipient (even if the delivery does not take place due to the recipient not being in or the goods being rejected).

6.4 If at the time of delivery, the exterior of the package appears to be damaged, the Purchaser or the person who has received the product must proceed to open the package in front of the courier, to check the status of the product contained therein. If the product is damaged, all of the detected damage must be stated in writing on the delivery note by the Purchaser (or the recipient). Any complaints must be submitted in the manner provided for in Article 10 of this Agreement.

6.5. The Purchaser can choose the “Collect from Servetto S.r.l.” option when submitting their order. The company will make arrangements for the purchased item to be available within the timeframes and under the terms communicated by Servetto S.r.l., via email, and nonetheless, within thirty days of having received the payment for the order. The Purchaser has a period of 30 days to go and pick up the item after having received the email notification.

When collecting the item at the company, the Purchaser must present the email confirming that the item is ready for collection at the company, and have a valid ID card. The Purchaser’s identity will be checked by the Supplier, and the ID card may be copied, either if the Purchaser personally collects the order or if the latter has authorised a third party to collect the order. The Purchaser can in fact request a person of their choosing to collect the order in their place and on their own behalf. The third party responsible for the collection will be requested by the Supplier to show their ID along with the email confirming that the item is ready for collection at the company which was received by the Purchaser. Servetto S.r.l. shall make copies of all such documents in order to ensure the Purchaser’s safety and to prevent any fraudulent use of their identity and/or their payment details, by also providing the party responsible for the collection with the appropriate information, pursuant to GDPR 2016/679.

The purchased item will be released to the Purchaser after the package(s) have been signed for.

After the fundamental 30-day timeframe has elapsed from when the Purchaser received the email confirming that the item was ready for collection at the company by Servetto S.r.l., the sale will be considered automatically terminated. The Purchaser will therefore be refunded the order amount.

6.6. Deliveries are made throughout Italy and in the following countries:

  1. Austria
  2. Belgium
  3. Bulgaria
  4. Croatia
  5. Denmark
  6. Estonia
  7. Finland
  8. France
  9. Ireland
  10. Latvia
  11. Lithuania
  12. Luxembourg
  13. Malta
  14. Netherlands
  15. Poland
  16. Portugal
  17. United Kingdom
  18. Czech Republic
  19. The Republic of San Marino
  20. Romania
  21. Slovakia
  22. Slovenia
  23. Spain
  24. Sweden
  25. Hungary.

7) PRODUCT AVAILABILITY

7.1 The product availability is subject to change, depending on the customers’ orders.

7.2 If an order exceeds the amount in stock, the Supplier must inform the Purchaser via email, in the terms provided in Art. 3.4, if the goods are no longer available or what the waiting time will be to receive the chosen goods, whilst asking if they would like to confirm the order or not.

8) LIMITATION OF RESPONSIBILITY

8.1 The Company shall not be held responsible for disruptions caused by force majeure and/or unforeseeable circumstances, such as accidents, theft, the goods being stolen from the courier in charge of the delivery, fires, explosions, strikes, lockouts, earthquakes, floods and other similar events which could fully or partially prevent the order from being executed within the timeframes and in the manner laid down by the agreement.

8.2 The Supplier shall, except in the case of wilful misconduct and gross negligence, not be held responsible to the Purchaser, for outages or malfunctions resulting from the use of the internet which are beyond the control of the Supplier and their subsuppliers.

8.3 Furthermore, the Supplier shall not be held responsible for damages, losses and costs incurred by the Purchaser as a result of the contract not being executed for reasons which the Supplier is not responsible; the Purchaser shall only be entitled to a full refund of the purchase price with any delivery charges deducted.

8.4 The Supplier shall assume no responsibility for any fraudulent and illegal use by third parties of credit cards, cheques and other means of payment, when paying for the purchased goods, provided that the Supplier proves that all possible precautions were adopted, based on the best research and knowledge that is currently available and with due diligence.

9) RIGHT OF WITHDRAWAL

9.1 The Purchaser - Consumer has the right to terminate the agreement that has been entered into within fourteen days, in accordance with Italian D.lgs 206/2005 (Consumer Code) without having to provide any reasons, in the methods described below and without incurring additional costs than the ones specified below.

9.2. The withdrawal period will expire 14 days from the day when the Purchaser - Consumer or a third party that was appointed by the Purchaser, other than a carrier, received the ordered product. If multiple goods were ordered in the same order and delivered separately, the period expires 14 days from when the Purchaser - Consumer or a third party that was appointed by the Purchaser, other than a carrier, received the last product. If an agreement has been entered into consisting of a delivery of multiple lots or pieces, the period expires 14 days from when the Purchaser - Consumer or a third party that was appointed by the Purchaser, other than a carrier, received the last lot or piece at the address that was provided when ordering.
To exercise the right of withdrawal, the Purchaser - Consumer is obliged to inform the Supplier by writing a clear signed statement and sending it by registered letter with return receipt to Servetto S.r.l., Via Brughetti 32, 20813 Bovisio Masciago, Italy or by certified email to servetto@pec.it with their decision to withdraw from this agreement.

9.3 In order to meet the withdrawal deadline, it is sufficient that the Purchaser - Consumer sends the notification regarding exercising the right of withdrawal before the withdrawal period expires.

9.4.If the Purchaser - Consumer withdraws from this agreement, he/she will be refunded all of the payments that have been made to the Supplier, including the delivery costs, without undue delay and in any event, no later than 14 days from the day that the Supplier was informed of their decision to withdraw from this agreement.

The refund is suspended until the goods are received by Servetto S.r.l.

These refunds will be made by bank transfer to the bank details that will be indicated by the Purchaser - Consumer, who, in any case, will not incur any costs as a result of this refund.

9.5 If the Purchaser - Consumer received the goods from this agreement, they are kindly requested to return these to Servetto S.r.l., Via Brughetti 32, 20813 Bovisio Masciago, Italy, without undue delay and in any case, within 14 days from the day when the Purchaser informed the Supplier of their withdrawal from this agreement.

The deadline is met if the Purchaser - Consumer returns the goods directly to the Servetto S.r.l. headquarters before the 14 day period expires.

9.6. The products must be returned and insured by registered post and in all original packaging (boxes, accessories, guards, etc.), together with the carefully filled out delivery note.

9.7. In accordance with Art. 54, para. 4 of the Italian Consumer Code, it remains the Purchaser - Consumer’s responsibility to provide any proof concerning exercising the right of withdrawal. The Purchaser - Consumer will also be responsible for returning the goods in a timely manner.

9.8. The cost of sending the goods which are subject to the right of withdrawal to Servetto S.r.l. will be borne by the Purchaser - Consumer.

9.9. Pursuant to Article 57, paragraph 2 of the Italian Consumer Code, the Purchaser - Consumer is liable if the value of the products decreases due to any manipulation that was not strictly necessary to assess the nature, characteristics and actual operation of the products.
Therefore, if the products that are returned by the Purchaser - Consumer are damaged, incomplete, impaired and/or dirty or in any state which unequivocally confirms that the products have been used in such a way as to compromise their substantial integrity, the Purchaser will not be refunded.
9.10. If the product is not returned within the deadline, it will be understood that the Purchaser - Consumer would like to revoke the declaration of withdrawal; the Purchaser - Consumer will then retain the purchased goods and Servetto S.r.l. will not be responsible for providing any refunds.

9.11. If the Purchaser - Consumer exercises their right of withdrawal, after having made a request in accordance with Article 50, paragraph 3 or Article 51, paragraph 8 of the Italian Consumer Code, the Purchaser is responsible for paying reasonable costs to Servetto S.r.l., pursuant to Article 57, paragraph 3, i.e. an amount that is proportional to what has been provided, up until the time when the Purchaser - Consumer informed the Supplier that he/she was exercising his/her right of withdrawal, calculated based on the total price agreed in the agreement.

9.12. The right of withdrawal is excluded for goods which have been made to measure or clearly personalised.

10) GUARANTEE OF CONFORMITY

10.1 The Purchaser - Consumer is protected by the legal guarantee of conformity, provided for in the Italian Consumer Code, for when products are defective, do not work properly or do not do what was stated or what they are generally designed to do.

10.2 The Supplier is liable for any lack of conformity which becomes apparent within the two years after the product was delivered.

10.3 For the purpose of this contract, it is presumed that consumer goods comply with the agreement if, where relevant, the following circumstances exist: a) they are suitable for the use which goods of the same type are normally used for; b) they comply with the description given by the seller and have the same quality as the sample or model that the seller presented to the consumer; c) have the same quality and usual performance as goods of the same type and which the consumer can reasonably expect, given the nature of the goods and, where appropriate, public statements about the specific characteristics of the products made in regards to the seller, the producer or their agent, or representative, particularly in advertising or labelling; d) they are also suitable for any particular purpose which the consumer desired and that the Purchaser made known to the seller at the time the agreement was concluded and which the seller has accepted, also due to conclusive facts.

10.4 The Purchaser - Consumer loses all of these rights if he/she does not report the lack of conformity to the seller within two months from the date when the fault was first discovered. No complaints need to be made if the seller has acknowledged the existence of this defect or has tried to conceal it.

10.5 If there is a lack of conformity, the Purchaser - Consumer may alternatively request and without incurring any expenses, the repair or replacement of the purchased product, a discounted purchase price or the dissolution of this agreement, unless the request is physically impossible to meet or it would be too costly for the Supplier in accordance with Art. 130, paragraph 4 of the Italian Consumer Code.

10.6 The request should be sent in writing by registered letter with return receipt to Servetto S.r.l., Via Brughetti 32, Bovisio Masciago (MB), Italy or sent by certified email to servetto@pec.it, who will then indicate their willingness to act on the request, or their reasons for failing to do so within seven working days of receipt. If the Supplier has accepted the request, the supplier will indicate the goods shipping or refund procedure as well as the deadline for returning or replacing defective goods in the same communication.

10.7 If the repair or replacement is impossible or too costly, or the Supplier has failed to repair or replace the goods within the timeframe referred to in the previous paragraph or, if the repair or replacement that has been carried out caused significant inconvenience to the Purchaser - Consumer, he/she can request at their discretion, an appropriate price reduction or for the contract to be dissolved. In this case, the Purchaser - Consumer must send their request to the Supplier, who will then indicate their willingness to act on the request, or their reasons for failing to do so within seven working days of receipt.

10.8 If the Supplier has accepted the request, the supplier must indicate the proposed price reduction or how to return the defective goods in the same communication; in such cases it will be the Purchaser - Consumer’s responsibility to indicate their bank details in order to allow the amount that was previously paid to the Supplier to be credited.

11) RESPONSIBILITY FOR DEFECTS, PROOF OF DAMAGE AND COMPENSATION

11.1 The Supplier, pursuant to Articles 114 et seq. of the Italian Consumer Code, is liable for damage caused by faulty goods being sold if the company fails to inform the injured party of the identity and address of the manufacturer or person who supplied them with the goods within three months of the request being made.

11.2. The injured party’s above-mentioned request must be sent in writing by registered letter with return receipt to Servetto S.r.l., Via Brughetti 32, Bovisio Masciago, Italy or sent by certified email to servetto@pec.it, and the party must indicate which product caused the damage and the date of purchase, with the sales receipt attached; it must also contain photographic evidence of the product.

11.3 The Supplier shall not be held responsible for the consequences arising from a defective product if the defect is due to product conformity, a mandatory legal regulation or binding measure, i.e. if the status of scientific and technical knowledge when the producer put the product into circulation, was not yet allowed to consider the product as defective.

11.4 No compensation will be due if the injured party was aware of the product’s defect and the danger that stemmed from it, yet voluntarily exposed themselves to this danger.

11.5 In any case, the injured party must prove the defect, the damage and the causal link between the defect and the damage.

12) GROUNDS FOR CANCELLATION

12.1 The obligations accepted by the Purchaser, and the guarantee of completion of the payment made by the Purchaser, as well as the precise fulfilment of the obligations accepted by the Supplier in point 6, are of an essential nature; therefore, by express agreement, the breach of even one of the aforementioned obligations, unless it is determined by fortuitous circumstances or force majeure, war, riots, insurrections, floods, earthquakes, strikes and Servetto S.r.l. supply problems, attributable to a third party supplier or an incorrect indication by the Purchaser of the correct shipping address and/or the circumstances referred to in Art. 8, will result in the legal Agreement being terminated, in accordance with Article 1456 of the Italian Civil Code, with no need for a judicial ruling.

13) INTELLECTUAL PROPERTY RIGHTS

The “SERVETTO” brand is the exclusive property of the Servetto S.r.l. company whose headquarters are in Via Brughetti 32, Bovisio Masciago (MB), Italy, registered at the Monza and Brianza Chamber of Commerce in the Register of Companies No. 01144120159, fiscal code No. 01144120159, VAT No. 00704600964.

The total or partial reproduction, modification or use of this brand for any reason and on any medium without the prior express consent of Servetto S.r.l. is strictly prohibited.
Any combination of the aforementioned brand and other trademarks, symbols, logos and any distinctive general sign that can be used to make a composite logo is also prohibited.
The total or partial reproduction, modification or use of the designs, models and patents is also strictly prohibited as they are the exclusive property of the Servetto S.r.l. company.

14) AGREEMENT ARCHIVING PROCEDURE

14.1 In accordance with Art. 12 of Italian D.L.vo 70/03, the Supplier shall inform the Purchaser that every submitted order is saved in digital/paper format, in accordance with the confidentiality and security criteria provided by GDPR 2016/679.

15) COMMUNICATIONS AND COMPLAINTS

15.1 The written communications sent directly to the Supplier and any complaints will be considered valid only if sent to the following address: Servetto S.r.l., Via Brughetti, 32 – 20813 Bovisio M.go (MB), Italy, sent by fax to +390362.59.19.07 or sent by email to info@servettocose.com. The Purchaser shall indicate their home address or legal residence, telephone number or email address where he or she would like to receive the Supplier’s communications on the registration form.

16) JURISDICTION

For any controversy that may arise regarding the interpretation and/or execution of the agreement that has been entered into between Servetto S.r.l. and the Purchaser - Consumer, the jurisdiction will be the jurisdiction at the consumer’s place of residence or legal residence if the Purchaser lives in Italy; otherwise the Court of Monza will be responsible. For any controversy that may arise regarding the interpretation and/or execution of the agreement that has been entered into between Servetto S.r.l. and the Professional, the jurisdiction will be the Court of Monza.

17) APPLICABLE LAW AND REFERRALS

17.1 This original agreement was written in Italian, which takes precedence over any other language and is governed by Italian law.

17.2 For all matters not expressly dealt with in this Agreement, the rules of law which apply to the relationships and particular cases described in this Agreement are valid, including the Rome 1 Regulation in particular.

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