GENERAL CONDITIONS OF SALE
1. Name of the site, ownership of the domain name. Definitions.
1.1 These General Conditions of Sale (“Conditions”) govern the offer and sale of products as defined below, through the website www.prealpina.it (hereinafter also “Site”) by the Società Editoriale Varesina Spa, with registered office in (21100) Varese, Via Tamagno, 13, (CF and VAT number 00237060124) (hereinafter also “SEV” or “Seller” ).
1.2 The Site is owned by SEV, while the owner of the corresponding domain name is La Prealpina S.r.l., with registered office in (21100) Varese, Via Tamagno, 13, C.F. and P.Iva 01620270122.
2. Scope of these Terms.
2.1 The offer and sale of the goods offered for sale on the Site (hereinafter also the “Product / s“) Constitute a distance contract governed by Chapter I, Title III (articles 45 and following) of the Legislative Decree 6 September 2005, n. 206 (“Consumer Code“) and by Legislative Decree 9 April 2003, n. 70, containing the discipline of electronic commerce.
2.2 These General Conditions of Sale apply to all contracts concluded with S.e.v. through the Site (hereinafter also the “Contract / s”).
2.3 These General Conditions of Sale can be modified at any time. Any changes and / or new conditions will be in force from the moment of their publication on the Site. Users are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale .
2.4 The applicable General Conditions of Sale are those in force on the date of sending the Order and are available in Italian.
2.5 These General Conditions of Sale do not regulate the sale of products by subjects other than SEV that are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects, the user is therefore required to check the conditions of sale adopted by the latter. SEV is not responsible for the provision of services and / or for the sale of products by these subjects. On the websites accessible through these links, the Seller does not carry out any control and / or monitoring. SEV is therefore not responsible for the contents of these sites, nor for any errors and / or omissions and / or violations of the law by them.
2.6 The user is required to carefully read these General Conditions of Sale which SEV makes available to him on the page of the Site indicated in clause 2.3) above and whose storage and reproduction is permitted, as well as all other information. that the Seller provides him on the Site, both before and during the purchase procedure.
3. Identification of the seller
3.1 The Products purchased on the Site are offered, distributed and sold by SEV, which is, therefore, the only counterparty of the user who intends to purchase one or more Products through the Site and is therefore:
(i) the subject to whom the user directs his Order in order to accept the offer and conclude the Contract;
(ii) the subject who assumes, towards the user, the pre-contractual obligations deriving from the offer;
(iii) the subject who concludes the Agreement with the user, assuming the related obligations and rights. The Contract concluded through the Site must therefore be considered concluded between the user and SEV.
4. Purchase on the Site
4.1 The purchase of the Products on the Site takes place upon registration, pursuant to clause 5) below, and is allowed both to consumers (hereinafter also “Consumers”), and to professionals (hereinafter also “Professionals”) , as defined in art. 3, first paragraph, lett. a) and c) of the Consumer Code. Natural persons are only allowed to purchase on condition that they have reached the age of eighteen.
4.2 the Seller reserves the right to refuse or cancel orders that come from:
(i) by a user with whom it has a legal dispute;
(ii) by a user who has previously violated these Conditions and / or the conditions and / or terms of the Agreement with SEV;
(iii) by a user who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments;
(iv) by users who have issued false, incomplete or, in any case, incorrect identification data.
5. Registration on the Site
5.1 Registration on the Site is free. To register on the Site, the user must complete the appropriate form in the “Create a new account” section of the Site by entering their name, surname, address, date of birth, an e-mail address and a password and click on the button [Crea un Account].
5.2 Registration on the Site, by opening a personal account called “My Account“, allows the registered user (hereinafter also” Registered User “), to:
– save and modify your data;
– access all information relating to orders and returns;
– follow the status of the order;
– manage your personal data and update it at any time;
– use the dedicated services which may be activated from time to time by the Seller;
– express your consent to the processing of your personal data for the sending of newsletters by SEV.
5.3 The e-mail address and password indicated by the user when registering on the Site (hereinafter also the “Credentials”) must be kept with extreme care and attention. They can only be used by the user and cannot be transferred, except with the consent of the latter, to third parties. The user therefore undertakes to keep them secret and to ensure that no third party has access to them. The latter also undertakes to immediately inform SEV in the event that he suspects, or becomes aware of an improper use or an undue disclosure of the same.
5.4 The Registered User guarantees that the personal information provided during the registration procedure on the Site is complete and truthful and undertakes to keep the Seller harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any linked to the violation of the rules on registration on the Site or on the conservation of Credentials
6. Information directed to the conclusion of the Contract.
6.1 In accordance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, SEV informs the user that:
(i) to conclude the purchase contract for one or more Products on the Site, the user must complete the order electronically and transmit it to SEV, electronically, following the instructions that will appear, from time to time, on the Site (hereinafter also the “Order / s”);
(ii) the Contract is concluded when the Order reaches the server that SEV uses;
(iii) before proceeding with the transmission of the Order, the user can identify and correct any errors in data entry by following the instructions on the Site or modify the Order itself;
(iv) after the transmission of the Order relating to one or more Products, the user can modify his Order by accessing the “my orders“and following the instructions of the Site, until, in the aforementioned area, it will be indicated that the order is no longer modifiable, since the Product is in preparation for shipment, made in any case except for its right of withdrawal pursuant to of clause No. 16. that follows.
(v) once the Order is registered, the Seller will send the user, to the email address indicated, the confirmation of the Order (hereinafter also “Order Confirmation“) Containing: a hypertext link (hereinafter also” link “) to these general conditions of sale published on the Site and applicable to the Contract, information relating to the essential characteristics of the Product purchased, a detailed indication of the price, of the means of payment used, delivery costs and any additional costs, as well as information on the right of withdrawal;
(vi) the Order will be filed in the Seller’s database for the time necessary to execute it and, in any case, in accordance with the law. The essential elements of the Order will be reported in the Order Confirmation. In addition, the Registered User can access their order form by consulting the “my orders“on the Site.
6.2 The language available to users for the conclusion of the Contract is Italian. The Seller’s customer service is able to communicate with users in the same language.
7. Product information and availability of the latter.
7.1 The Products on the Site are available and can be purchased until they are exhausted: for this reason only Orders can be accepted within the limits established by the quantity of products available.
7.2 The Products offered on the Site are those illustrated in the section of the Site called “STORE” at the time of placing the Order by the user.
7.3 The availability of the Products on the Site is continuously monitored and updated. However, due to simultaneous purchases on the Site, it is possible, for technical reasons, that the Product, even if accompanied by the word “Available”, is not immediately available after the Order has been sent.
7.4 If the Product is no longer available for the reasons indicated in clause 7.3 above, or, in other cases of unavailability of the Product, without prejudice to the rights attributed to the user by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, SEV will immediately notify the user by e-mail. In such cases, the user will therefore be entitled to terminate the Contract immediately, without prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, IV and V comma, of the Consumer Code. Alternatively and without prejudice to this right, the user can accept one of the following Seller’s proposals:
(i) if a restocking of the Product is possible, an extension of the delivery terms, with indication, by SEV, of the new delivery deadline of the restocked Product;
(ii) if a product restocking is not possible, the supply of a different product, of equivalent or greater value, upon payment, in the latter case, of the difference and upon express acceptance by the user. The latter is required to promptly communicate his choice to the Seller when he is contacted by the latter’s customer support.
7.5 In the event that the user makes use of the right of termination pursuant to art. 61, IV and V comma, Consumer Code and the payment of the total amount due, consisting of the price of the Product, delivery costs, if applied, and any other additional cost, as resulting from the Order itself (hereinafter also “Total Amount Due“) has already occurred, SEV will reimburse the Total Amount Due without undue delay and, in any case, within 15 (fifteen) working days from sending the Order.
7.6 The refund amount referred to in clause n. 7.5 above, will be communicated to the user via e-mail. In the case of payment by credit card, the Total Amount Due will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used.
7.7 In the case of Orders concerning a plurality of Products (hereinafter also “Multiple order“), if the unavailability occurs only for some of the Products covered by the Multiple Order, without prejudice to the rights attributed to the user by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code and, subject to The application of clauses 7.4 and 7.5 above, if the unavailability concerns all the Products covered by the Order, the Seller will immediately notify the user by e-mail.
7.8 In the cases indicated in the previous clause, the user will be entitled to immediately terminate the Contract, limited to the Product and / or Products that have become unavailable, except for the right to compensation for damages, pursuant to and for the purposes of the provisions of art. . 61, fourth and fifth paragraphs, of the Consumer Code. Alternatively and without prejudice to this right, the user can accept one of the following SEV proposals:
(i) if a restocking of the Products subject to the Multiple Order becomes unavailable, an extension of the delivery terms relating to these Products, with indication of the new delivery deadline for the same;
(ii) if a restocking of the Product and / or Products become unavailable is not possible, the supply, in substitution of the Products subject to the Multiple Order become unavailable, of different products, of equivalent or greater value, upon payment, in this last case, of the difference and subject to express acceptance by the user. The latter is required to promptly communicate their choice to SEV. when it is contacted by the latter’s customer support
7.9 In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraph, Consumer Code, the Contract concerning the Product and / or Products become unavailable will be partially terminated, limited to this Product / s with consequent return, if it has already been paid, of the amount due in relation to these Products and any other additional costs due in specific relation to such Products (hereinafter also “Partial Amount Due“); the resolution of the entire Multiple Order will be possible only in the case of evident and proven accessoryity of the Products covered by the Multiple Order which have become unavailable with respect to the other Products covered by the Multiple Order available.
7:10 The Partial Amount Due in relation to the Product (s) become unavailable, will be refunded without undue delay to the user and, in any case, within 15 (fifteen) working days from sending the Order. The refund amount will be communicated to the user via e-mail. In the case of payment by credit card, this amount will be credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used.
8.1 The prices are expressed in Euros (€) and include the current Value Added Tax (VAT).
8.2 For the purposes of the purchase, it is necessary to consider the price displayed when registering the Order valid: for this reason, in the event of a decrease in value, the user will not be recognized any difference on what has already been paid.
8.3 SEV reserves the right to change prices at any time. Finally, the prices on the product sheet are not to be considered inclusive of shipping costs, which the user can find indicated on the Site.
9. Purchase orders.
9.1 Once the registration procedure referred to in clause 5 above has been completed, the user must select one or more Products of which he intends to purchase, inserting them in a virtual “cart”, of which he can always view the content before proceed to forward the Order.
9.2 By clicking on the “Go to Checkout” button on the page of the Site called “Cart”, the user will start the order forwarding procedure. In the formulation phase of the Order and until its actual forwarding, the user will, however, have the opportunity to review the data entered by clicking on the “Back” button, so as to identify and correct any incorrect information.
9.3 By clicking on the “Order now” button, at the end of the procedure started pursuant to clause 9.2 above, the user will forward the Order to the Seller. Upon submission of the Order by the user, a prompt confirmation from SEV will be followed regarding the receipt of the Order, by sending an e-mail to the e-mail account communicated by the user. By sending this e-mail, the Seller will also communicate to the user whether the Order can be accepted or not (hereinafter also “Order Confirmation“).
9.4 SEV will have the right to accept or not the Orders received without that, in case of non-acceptance, the user can make rights or claims against the Seller for any reason. The Order will be considered, in any case, accepted and consequently the Contract concluded at the time when the user will receive the Order Confirmation on his e-mail address.
9.5 In the case of payment by credit card or bank transfer, SEV will ship the Products only after receiving confirmation of the successful outcome of the payment of the Total Amount Due.
9.6 The ownership of the Products will be considered transferred to the user at the time of shipment, to be understood as the time of delivery of the Product to the carrier (hereinafter also “Shipment“). The risk of loss or damage to the Products, for reasons not attributable to SEV, on the other hand, must be considered transferred to the user, when the latter, or a third party designated by the same and different from the carrier, becomes physically in possession of the Products .
10. Method of payment
10.1 The payment methods available are Credit Card and Bank Transfer. In order for the purchase on the Site to be successful, the user must confirm acceptance of the cookies.
10.2 Credit card: the Site accepts payments by CartaSi, Visa, VisaElectron, PostePay and Mastercard. Before proceeding with the purchase it is necessary to make sure at the issuing bank that the card is enabled for online purchases, as well as remembering to correctly enter all the data and to have the password of the security circuits Verified By Visa and SecurCode by Mastercard a depending on the credit card used. By choosing the payment by credit card, the amount is charged directly to the card upon acceptance of the order.
10.3 Using your credit card for online shopping is a practical and safe method. The Site undertakes to maintain the security of information concerning both credit card and personal data thanks to the KeyClient solution. All sensitive data is encrypted during transmission with SSL (Secure Sockets Layer) technology adopted worldwide as the most secure. All data are then stored on secure servers and far from possible Internet connections. However, it remains the user’s responsibility to verify that his browser is compatible with SSL technology to complete the Order.
10.4 Bank Transfer: the user must make the transfer within 3 (three) days from the date of the Order. If this does not occur, the Order will be canceled and the Products made available again for purchase by other Customers. The user who has not made the transfer can be contacted by the Seller’s customer service in order to clarify whether the cause of the non-credit is due to the user’s will not to confirm the purchase or other cause.
IBAN: IT 85 D 03069 22805 1000 0000 1490
Reason: the user must indicate in the reason for the transfer the date and the number of the Order, which can be found in the Order Confirmation.
11. Payment at one of the collection points with cash, credit card, debit card.
11.1 In the event that the user chooses, as the mode of delivery of the Products, the Delivery to one of the collection points indicated in clause 15 below, the payment of the Products can be made, at this collection point, at the time of collection by cash , credit card or debit card. The credit cards that can be used are MasterCard, Visa and PagoBancomat.
11.2 The Product will be delivered only in the event that the person making the withdrawal is also the holder of the credit card to be used for payment.
12.1 The commercial invoice will be available by accessing the “My Account” area on the Site, that is, it will be sent in PDF format at the request of the user. During the purchase process, therefore, the user will be required to provide billing information.
12.2 For the issuance of the invoice, the information provided by the user, which he declares and guarantees to be true, will prevail, releasing to SEV every and more indemnity in this regard.
13. Delivery times and methods
13.1 The delivery of the Products purchased on the Site is carried out in Italy and abroad at the shipping address indicated by the user in the Order and is charged to the latter based on the rates indicated in the section of the Site “Costs and times of shipping “.
13.2 All information required for delivery must be completed by the user accurately. SEV is therefore not responsible for non-delivery due to incorrect delivery address or telephone number. All additional costs arising from complications in delivery or non-delivery will, in these cases, be charged directly to the user.
13.3 In the summary of the Order and, therefore, before the user proceeds with the transmission of the same, the total price of the Order will be indicated, with separate indication of delivery costs and any other additional expenses. This total, which will also be indicated to the user in the Order confirmation email, will constitute the total amount due by the user in relation to the Product (s).
13.4 The delivery of the Products purchased on the Site may take place, at the user’s choice: i) at the postal address specified by the user in the Order (“Home Delivery”) or ii) at one of the collection points referred to in the following clause 15 selected by the user during the purchase process (“Delivery to the Collection Point”). In the latter case, delivery is to be considered free of charge.
14. Home delivery.
14.1 In the case of Home Delivery, the Products purchased on the Site will be sent and delivered to the postal address indicated by the user in the Order by courier appointed by the Seller or through the Italian Post Office.
14.2 The user acknowledges that the withdrawal of the Product is a specific obligation deriving from the Contract. Therefore, if the delivery is not successful due to the absence of the recipient or due to the cause attributable to the latter, the Contract may be considered terminated by law, pursuant to and for the purposes of art. 1456 of the Italian Civil Code, if the user does not collect the Product within 7 (seven) calendar days from the second day following the courier’s notice of passage or, in the event of delivery by Poste Italiane, within the deadline of 30 calendar days from the second day following the delivery attempt by the appointee.
14.3 Following the legal termination referred to in clause 14.2 above, SEV will be required to reimburse, to the user, the Total Amount Due if the latter has already paid, less the costs of the Delivery failed, the costs storage costs, return costs and any other costs incurred due to non-delivery due to the absence of the recipient which will, in any case, be quantified by the SEV itself.
14.4 The Seller assumes no responsibility for the delay in the delivery of goods, caused by malfunctions of the postal service and / or courier and / or in the event of force majeure such as natural events, strikes, traffic congestion and periods of particular peak.
14.5 If the Products delivered do not conform to what was ordered by nature, quality or quantity, the user has the right to report the defect within 14 (fourteen) days of receiving the goods.
15. Delivery to a collection point
15.1 At the user’s choice, the Products purchased can be delivered to one of the collection points activated by the Seller (“Collection point” or, in the plural, “Collection Points”) indicated, in detail, at the internet address www.prealpina. en / contact / advertise.
15.2 If the user intends to select the delivery method provided for in clause 15.1 above, the same must select, during the purchase procedure, the option “Collection from the Collection Point” and choose the Collection Point where he wishes that delivery is made. The address, telephone number and opening hours are indicated for each collection point.
15.3 The Product may be collected by the user from Monday to Friday, during the opening hours of the Pick-up Point, excluding national holidays. In the case of a prepaid order, to collect the Product, the user must provide the staff of the Collection Point with the number of the Purchase Order and present, on request, an identity document. In the case of an order with payment to be made at the time of collection at the collection point, the user must indicate the order number, provide an identity document and pay for it in one of the ways indicated in clause no. 11. above. If he cannot personally collect it, the user can delegate a third party in writing. The proxy must be accompanied by a copy of the identity document of the user himself and of the delegated subject, as well as contain the indication of the purchase order number.
15.4 The user is obliged to collect the Product within 7 (seven) days of receiving the Order Confirmation. If the user does not fulfill this obligation, the Contract may be considered terminated by right, pursuant to and for the purposes of art. 1456 of the Italian Civil Code. As a result of the resolution, the Order will therefore be canceled and SEV will proceed with the refund of the Total Amount Due, if already paid by the user.
16. Right of withdrawal
16.1 Sales of products via the Internet are governed by Legislative Decree 206/2005 (Consumer Code) and by Legislative Decree 21 February 2014, n. 21, which implements Directive 2011/83 / EU on consumer rights.
The user has the right to withdraw from the Contract, returning the purchased Product and obtaining a refund of the entire expense incurred.
In the case of purchase of goods, the Consumer has a period of 14 (fourteen) days starting from the moment in which he acquires physical possession of the goods.
16.2 The user can exercise the right of withdrawal by sending a written and explicit communication to SEV, before the deadline for the withdrawal deadline, indicating, as a reference, the order number shown in the Order Confirmation). The communication address is: SEV S.p.a., Via Tamagno, 13, (21100) Varese, or by e-mail to the address [email protected]
16.3 Pursuant to art. 55, second paragraph, of the Consumer Code, the user will not have the right of withdrawal in the following cases:
i) service contract after the complete provision of the service if the execution began with the express agreement of the user and with the acceptance of the loss of the right of withdrawal following the full execution of the contract by SEV;
ii) supply of goods or services the price of which is linked to fluctuations in the financial market which the professional is unable to control and which may occur during the withdrawal period;
ii) supply of made-to-measure or customized products;
iii) products which by their very nature cannot be returned or are liable to deteriorate or expire rapidly;
iv) supply of sealed goods which are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery;
v) the supply of sealed audio or video recordings or sealed computer software which have been opened after delivery;
vii) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
vi) supply of digital content (audiovisual or software) through a non-material support if the execution has started. By submitting the Order, the user declares to have taken note of this clause and declares to consent, in this case, to the loss of the right of withdrawal.
16.4 Furthermore, the right of withdrawal cannot be exercised by the user if the product is not intact, namely:
– in the absence of the original packaging;
– in the absence of integral elements of the product;
– for damage to the product caused by the user.
17. Return of Products.
17.1 To return the Products following the exercise of the right of withdrawal, the user has 14 (fourteen) days from the delivery of the product to contact customer service to open the return procedure.
17.2 The customer service will organize the return procedure, which must be sent by the user to SEV S.p.a. – subscription office, Via Tamagno, 13, (21100) Varese.
17.3 The Products must be returned properly protected in their original packaging, in perfect condition for resale (not worn, damaged or dirty by the user). The costs and risks associated with returning the Products are borne by the sender.
17.4 Refunds will be made within 14 (fourteen) days of receipt of the goods by the Seller, subject to the user’s IBAN communication. The refund includes the purchase price of the products ordered and the shipping costs incurred, with the exception of the shipping costs for returning the Product, which remain the responsibility of the user. The refund will be made by crediting the user’s bank account.
18.1 Le fotografie ed i testi dei Prodotti presenti sul Sito sono a puro titolo esemplificativo e potrebbero essere difformi dai Prodotti medesimi o modificate senza alcun preavviso. Di conseguenza SEV non può essere ritenuta responsabile per eventuali errori derivanti da queste immagini o testi illustrativi.
18.2 SEV non può essere ritenuta comunque responsabile per violazione del presente Contratto in caso di mancanza od indisponibilità del Prodotto in ragione di cause di forza maggiore, guasti, interruzioni o sciopero totale o parziale dei servizi postali e trasporti e/o delle telecomunicazioni.
19. Proprietà intellettuale
19.1 Tutte le informazioni riportate sul Sito, tutti i marchi riprodotti nel Sito, tutti i programmi e/o tecnologie previste in relazione ai Prodotti e, più in generale, tutto o parte del Sito stesso, sono riservati e protetti. È vietato riprodurre marchi e loghi in uso dal Sito: l’utente inoltre s’impegna a non copiare, modificare, tradurre, riprodurre, diffondere, vendere, pubblicare, valorizzare e diffondere in altro modo in un formato diverso in forma elettronica o di altro tipo in tutto o in parte le informazioni (anche parziali) presenti sul Sito.
20.1 I dati comunicati dall’utente necessari all’esecuzione del Contratto sono trattati in conformità alle disposizioni del D.Lgs. n. 196/2003 in materia di “Protezione dei dati personali”. Conformemente all’impegno ed alla cura che SEV dedica alla tutela dei dati personali, l’utente viene informato sulle modalità, finalità e ambito di comunicazione e diffusione dei Suoi dati personali e sui suoi diritti, in conformità all’art. 13 del D.Lgs. n. 196/2003.
20.2 Per offrire all’utente servizi personalizzati previsti dal Sito e in qualità del titolare del trattamento, SEV deve trattare alcuni dati identificativi per l’Erogazione del Servizio. In particolare i dati sono Dati di Navigazione, Cookies e Dati personali. Per ulteriori informazioni al riguardo consulta la sezione “Dati e Privacy” presente sul Sito.
21. Giurisdizione e Foro competente.
21.1 Il Contratto è soggetto al diritto italiano e la lingua del presente Contratto è la lingua italiana.
21.2 In caso di controversia il Foro competente è quello di Varese. Tuttavia, qualora l’utente dovesse rivestire la qualità di Consumatore, ai sensi delle disposizioni in materia di consumo e della disposizione di cui all’art. 1469 bis c.c., il Foro competente è quello del luogo in cui l’utente risiede.
21. Servizio Clienti.
21.1 Per qualsiasi informazione relativa all’Ordine inviare una e-mail a [email protected], indicando come oggetto dell’e-mail il tipo di richiesta (per esempio: “problema tecnico”), utilizzando il proprio indirizzo e-mail di registrazione e spiegando brevemente il problema.
21.2 Tali riferimenti non sono utilizzabili per ordinare i prodotti del Sito.