General conditions of Sale
1.1 These General Conditions of Sale have as their object the sale of products made online through an e-commerce service on the website www.argenesi.it
1.2 The products sold on the site can be purchased and delivered only in the countries indicated in the Order Form. Any orders for shipments to be made outside these countries will be automatically rejected during the order processing procedure.
2.1 The products are sold directly by the company Argenesi S.r.l. with registered office in Selvazzano Dentro (PD), in Via A.Volta n.6, tax code and registration number in the Register of Companies of Padua n.188385, VAT number 01905670285 (hereinafter Seller).
For any information request, you can contact Argenesi S.r.l customer service:
- by mail to the following address: email@example.com
- by post to the following address: Via A. Volta n. 6, 35030 Selvazzano Dentro (PD)
2.2 These General Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for products on www.argenesi.it and do not, however, regulate the supply of services or the sale of products by subjects. other than the Seller that are present on www.argenesi.it through links, banners or other hypertext links. Before submitting orders and purchasing products and services from parties other than the Seller, we suggest checking their conditions of sale, because the Seller is not responsible for the provision of services by third parties other than the Seller.
2.3 The products are sold to the Customer identified by the data entered when completing and sending the order form in electronic format with simultaneous acceptance of these General Conditions of Sale.
2.4 The product offers on the website www.argenesi.it are aimed at adult customers. If the customer is under the age of 18, in order to purchase on the website www.argenesi.it he must first have the consent of one of the parents or a legal guardian. By placing an order through this website, the Customer guarantees that he is of age (at least 18 years of age) and that he has the legal capacity to enter into binding contracts.
2.5 The Customer is prohibited from entering false and/or invented and/or fictional names in the online ordering procedure and in further communications. The Seller reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
2.6 Furthermore, by accepting these Conditions of Sale, the Customer exempts the Seller from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the Customer at the time of placing the online order, being the Customer himself the solely responsible for their correct insertion.
2.7 If the Customer holds the title of “Consumer” pursuant to art. 3, co. 1, lett. a), of Legislative Decree 6 September 2005, n. 206 (“Consumer Code”), ie if it is a “natural person acting for purposes unrelated to any business or professional activity carried out”, these Conditions will be governed by the Consumer Code (Legislative Decree 206/2005). The Customer who provides the VAT number for billing purposes cannot be considered a Consumer.
3. The sale via e-commerce service
3.1 By online sales contract we mean the distance contract concerning the sale of movable goods (hereinafter Products) stipulated between the Customer, and Argenesi Srl, as Seller, in the context of an e-commerce service organized by the Seller. which, for this purpose, uses the distance communication technology known as the Internet.
3.2 To conclude the purchase contract for one or more Products, the Customer must fill out the order form in electronic format (henceforth Order) and send it to the Seller via the Internet following the relevant instructions. By submitting the order to the Seller, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept the general conditions of sale (mandatory flag before placing the order).
3.3 The Order contains:
- a reference to these General Conditions of Sale;
- information and images of each Product and its price;
- the means of payment that can be used;
- the methods of delivery of the Products purchased and the relative shipping and delivery costs;
- a reference to the conditions for exercising the right of withdrawal;
- the methods and times for returning the purchased products.
3.4 Although the Seller constantly adopts measures to ensure that the photographs shown on the Site are faithful reproductions of the original products, including the adoption of every possible technological solution to minimize inaccuracies, some variations are always possible due to the technical characteristics and the color resolution characteristics of the customer’s computer. Consequently, the Seller will not be responsible for any inadequacy of the graphic representations of products shown on the Site if due to the aforementioned technical reasons, since these representations are merely illustrative.
3.5 Before concluding the contract, the Customer will be asked to confirm that they have read the General Conditions of Sale including the information on the right of withdrawal and the processing of personal data.
3.6 The contract is concluded when the Seller receives the Order Form via the Internet, after verifying the correctness of the data relating to the order.
3.7 The language available to conclude the contract with the Seller is Italian and the applicable law is Italian.
3.8 Once the contract is concluded, the Seller will take charge of the Order for its evasion.
4. Order fulfillment
4.1 By submitting the Order via the Internet, the Customer unconditionally accepts and undertakes to observe these General Conditions of Sale in relations with the Seller.
4.2 Once the contract is concluded, the Seller will send the Customer, by e-mail, an Order Confirmation, containing a summary of the information already contained in the Order. The confirmation communication will contain the identification number, the date the order was placed, the indication of the products purchased, the relative price, the delivery costs, the data provided by the Customer for billing and delivery and a summary of the conditions general sales.
Simultaneously with the transmission of the purchase order receipt, the Seller will proceed with the fulfillment of the purchase order.
4.3 The Seller retains the possibility, before sending the Order Confirmation, to request additional information by e-mail or by telephone from the Customer, with reference to the Order sent over the Internet.
4.4 The Seller may not process purchase orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect or in the event of unavailability of the products. In these cases, the Seller will inform the Customer by e-mail that the contract is not concluded and that the Seller has not followed up the Order, specifying the reasons. In this case, the sum previously committed on the Customer’s means of payment will be released.
4.5 If the products presented on the website are no longer available or on sale after sending the Order, it will be the Seller’s responsibility to communicate, promptly and in any case within thirty (30) working days from the day following that of transmission of the order to the Seller, the possible unavailability of the Products ordered. In this case, the sum previously committed on the Customer’s means of payment will be released.
4.6 Each sale made by the Seller through the online sales service may concern one or more products, with no quantity limit for each item. The purchase request is considered completed with the successful completion of the payment.
4.7 the Seller reserves the right to refuse orders from a customer with whom there is an ongoing legal dispute relating to a previous order. This applies equally to all cases in which the Seller deems the customer unsuitable, including, by way of example, the case of previous violations of contract conditions for online purchases on the Site or for any other legitimate reason, especially if the customer has been involved in any kind of fraudulent activity.
5. Sales prices
5.1 Unless otherwise indicated in writing, all Product prices and shipping and delivery costs indicated on the website and in the Order are to be considered VAT included and expressed in Euros. The validity of the prices indicated is always and only that indicated by the website at the time the Order is sent over the Internet. Product prices and shipping and delivery costs may vary without prior notice. The shipping costs of the products must be added to the prices of the products appearing on the site, which will be duly highlighted before the purchase order is issued by the Customer and in the confirmation receipt of the same. The prices of the Products are indicated including VAT. The Customer must immediately notify the Seller of any errors or omissions of any kind in the terms of payment and prices contained in the order acceptance document. The Seller reserves the right to change the prices published on this site at any time. The prices of the products published from time to time cancel and replace the previous ones and are subject to the actual availability of the products. For each order placed, the Seller will issue an invoice for the material shipped, sending it by e-mail to the holder of the order, pursuant to Article 14 of the Presidential Decree. 445/2000. For the issuance of the invoice, the information provided by the Customer at the time of the order is authentic. No change in the invoice will be possible after its issue.
5.2 All Products are shipped directly from Italy. The prices of the Products and the shipping and delivery costs indicated on the website and in the Order, unless otherwise specified, are to be considered as not including any costs related to customs duties and related taxes if the shipment takes place in non-EU countries. or in countries where current legislation provides for import charges.
5.3 These costs are therefore charged to the Customer and must be paid directly upon delivery of the Products, according to the indications specified in the Order Confirmation.
6. Terms of payment
For the payment of the price of the Products and the related shipping and delivery costs, the Customer may follow one of the methods indicated in the order form of the website www.argenesi.it and which are summarized below.
6.1 Credit cards and prepaid cards.
6.1.1 For online orders on the website www.argenesi.it, the Seller accepts both credit card payments and prepaid cards (for example, PostePay) without any additional charge on the cost of the product and shipping. It is understood that the Customer must hold a valid credit card when ordering the Products purchased online and that the name on the credit card must be the same as indicated on the billing information. In the absence of these conditions, it will not be possible to proceed with the order. The Customer undertakes, at the request of the Seller, to send a copy of the identity document proving the effective ownership of the credit card used, it being understood that, in the absence of the requested sending, the Seller may refuse the payment and cancel the order.
6.1.2 At the time of online purchase, together with the Order Confirmation, the reference bank will only make the commitment of the amount relating to the Order from the present availability of the credit card. The amount will actually be charged to your credit card only at the time of shipment of the purchased products.
6.1.3 If, once the package has been received with the order, for any reason the Customer intends to make use of the right of withdrawal, following the payment of the Products purchased online, the Seller will instruct the bank to credit the amount to be refunded directly to the credit card.
6.2.1 If the Customer has a Paypal account, the Seller gives the possibility to make payments directly using the email and relative password with which the Customer registered on www.paypal.com.
6.3 At no time during the purchase process, the Seller is able to know the information relating to your credit card (for example, the credit card number or the date of its expiry), transmitted via a connection protected by an encrypted protocol directly to the site. of the person managing the electronic payment (bank or Paypal). No electronic archive of the Seller will keep such data.
6.4 In no case can the Seller therefore be held responsible for any fraudulent and improper use of credit and prepaid cards by third parties.
7. Delivery of products
7.1 The delivery terms published on the site in relation to the various products must be understood as indicative terms and may undergo variations depending on the actual availability of the products.
7.2 The Seller, without prejudice to the provisions of point 8 below, undertakes to deliver the products at its headquarters to the carrier in charge of their transport to the address indicated by the Customer in the purchase order. The Seller will not be responsible for delivery errors due to inaccuracies or incompleteness in the compilation of the purchase order by the Customer, as well as for damage suffered by the products after delivery to the carrier responsible for transporting them and for delays in delivery attributable to the carrier or to the Seller’s logistical problems. Deliveries are made only on the Italian territory. Delivery is made by express courier, therefore post office boxes cannot be accepted.
7.3 Transport costs are charged to the customer and are specified in the order. In the event of an incorrect address or situations such as to make delivery impossible, the product will go into storage and, if not collected within 2 working days, it will be returned to the sender. In this case, the recipient will have to bear all storage costs.
7.4 There is no telephone notice to the Customer by the Courier. In case of absence of the Customer, a second passage or a telephone contact by the Courier is foreseen to arrange a delivery within the following 24 hours. In case of negative result also of the return, the product will go into storage and, if not collected within 2 working days, it will be returned to the sender. In this case the recipient will have to bear all the costs of storage and the second delivery.
7.5 Upon delivery of the products to the Customer by the carrier responsible for their transport, the Customer must check, in the presence of the carrier:
- that the quantity and type of products ordered correspond to what is indicated in the transport document;
- that the packaging used for transport is intact, not damaged, wet or otherwise altered, even only in the closing materials.
Any anomalies must be immediately notified in writing on the Courier’s delivery note. In the absence of annotation of the disputes, once the Courier’s document has been signed, the Customer will not be able to make any objection.
8. Unavailability of products
Please note that an item deemed available on the site at the time of the order and / or payment may not actually be physically available (for example: due to the possibility of multiple purchases at the same time by multiple users, due to time physiological update etc ..).
In case of non-execution of the purchase order by the Seller due to unavailability, even temporary, of the requested product, the Seller, within 30 days of receiving the order, reserves the right to send the Customer an e-mail informing him of the cancellation of the order and in this case, as soon as he receives the Customer’s bank details, he will reimburse the price already paid for the purchase of the products no longer available by bank transfer. However, the unavailability of one or more of the products ordered will not give the Customer the right to cancel the entire order.
9. Right of withdrawal
9.1 Pursuant to Legislative Decree no. 206/05, the Customer, who qualifies as a “Consumer” pursuant to art. 3, co. 1, lett. a), of Legislative Decree 6 September 2005, n. 206 (i.e. a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by indicating a VAT number in the order form to the Seller), has the right to withdraw from the purchase contract for any reason , without any penalty and without prejudice to what is indicated in point 9.3 below.
9.2 To exercise the right of withdrawal, the Customer must send the Seller a communication to that effect within 10 working days from the date of receipt of the goods. This communication must be sent by email to firstname.lastname@example.org, or by registered letter with acknowledgment of receipt, addressed to:
Via A. Volta 6
35030 Selvazzano Dentro (PD)
Upon receipt of the registered letter, the Seller will communicate to the Customer, by e-mail, the address to which the goods to be returned will be shipped and the return authorization number to be indicated on the appropriate return form which must be displayed at the exterior of the packaging in which the product will be physically placed and sent to the Seller within 7 days of authorization.
9.3 The right of withdrawal is however subject to the following mandatory conditions:
- the right of withdrawal can be exercised exclusively in relation to all the products covered by the order; it is not possible to exercise withdrawal only on part of the products purchased;
the law does not apply to used products;
- the purchased good must be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment); to limit damage to the original packaging, we recommend, when possible, to put it in a second box, on which to affix the return authorization code issued by the Seller; in all cases, the affixing of labels or adhesive tapes directly to the original product packaging should be avoided;
- the shipping costs for returning the goods are charged to the customer;
- the shipment, up to the certificate of receipt in our warehouse, is under the complete responsibility of the Customer;
- in case of damage to the goods during transport, the Seller will notify the Customer of the incident (within 5 working days from receipt of the goods in their warehouses), to allow him to promptly file a complaint against the Courier and obtain a refund of the value of the good (if insured); the product damaged during transport will be made available to the Customer for its return, at the same time canceling the request for withdrawal;
- the Seller is not responsible in any way for damage or theft/loss of goods returned by uninsured shipments.
9.4 The right of withdrawal is totally lost, for lack of the essential condition of integrity of the goods (packaging and / or its contents), in cases where the Seller ascertains:
- failure to affix the authorization form issued by the Seller on the outer wrapping of the package shipped;
- the lack of the external packaging and/or the original internal packaging;
- the absence of integral elements of the product (accessories, parts, …) or anomalies in the product itself;
- damage to the product for reasons other than its transport.
9.5 After verifying the integrity of the package and/or its contents, the Seller will issue a credit note and refund the Customer the full amount already paid, within 14 days from the return of the goods, by bank transfer to the current account indicated by the Customer in the withdrawal form. In case of forfeiture of the right of withdrawal, the Seller will make the product available to the Customer for its return.
10.1 The Seller provides, in relation to the products purchased by the Customer that qualifies as a “Consumer” pursuant to art. 3, co. 1, lett. a), of Legislative Decree 6 September 2005, n. 206 (i.e. a natural person who purchases the goods for purposes not related to his professional activity, or does not make the purchase by indicating a VAT number in the order form to the Seller), the legal guarantee of compliance with the conditions and terms of referred to in Articles 128 and ss. of the Code.
10.2 The non-consumer customer (or the buyer who buys with a VAT number) is subject to the discipline of the legal guarantee provided for by the Civil Code (Article 1490 et seq), to the related forfeiture and prescription. The non-consumer Customer, in the event of product defects, will have the right – at the Seller’s choice – exclusively to repair, or to replace the product or to terminate the contract. In no case will he be entitled to compensation for damages or a reduction in the price.
10.3 No warranty and / or liability of the Seller can be asserted in the following cases:
- the products have been used in a way that does not comply with the instructions without due diligence or in a manner different from the intended use and as provided in the enclosed indications;
- the products are damaged for one of the following causes: transport, falls or even accidental blows, electric discharges or abnormal voltage surges, lightning;
- the products have an appearance or a color that is not perfectly identical to what is displayed on the site. To exercise the right of restoration, the Customer must send an email to email@example.com.
Once the request has been received and verified, the Seller will communicate to the Customer, by e-mail, the address to which to ship the goods to be returned and the return authorization number to be indicated on the appropriate return form which must be displayed. outside the packaging in which the product will be physically placed. The return authorization does not constitute acknowledgment of responsibility by the Seller. The Customer must prepare the product carefully packed (possibly in its original packaging and in this case avoiding damaging it with adhesive labels or other) and complete with everything originally contained. The transport costs to the Seller’s headquarters are in any case charged to the Customer. Once the product returned by the Customer has been checked, the Seller will provide for the replacement/repair and will proceed with the shipment of the product itself. The Seller undertakes to carry out all the aforementioned procedure in the shortest possible time trying to cause the Customer the least inconvenience. The average time frame for the entire procedure (reporting, product collection, repair/replacement of the goods and return of the same) is approximately 30 days.
10.4 The images of the products are displayed on the site for guidance, also in consideration of the fact that the quality of the images (e.g. in terms of color rendering) may depend on the programs and IT tools used by the Customer at the time of connection to the site. Even where the color of the product is chosen by referring to the denomination of the color itself (e.g. yellow), this reference must be understood as a guideline, as the color rendering depends on many factors (including the choice of the material on which it is applied. , as well as the type of processing etc …). Any differences between the delivered product and the image of the same on the site or slight discrepancies in color with respect to the chosen color cannot be considered as a defect, defect or lack of conformity of the delivered product with respect to the one ordered.
11. Treatment of personal data
The Seller guarantees the Customer that the personal data provided by the latter will be treated lawfully and correctly, in compliance with the provisions of Legislative Decree 196/2003 and in accordance with the information provided for by Legislative Decree no. 196/2003 contained in the website www.argenesi.it.
Any complaint must be addressed to Argenesi S.r.l. Via A. Volta n. 6 – 35030 Selvazzano Dentro (PD), e-mail address firstname.lastname@example.org.
13. Communications to customers
The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, attestations, information, reports and in any case any documentation on the operations performed, referring to the purchase of the Products, will be sent to the e-mail address indicated at at the time of registration, with the possibility of downloading the information on a durable medium in the manner and within the limits provided by the Site.
14.1 Any dispute relating to the application, execution, interpretation and violation of purchase contracts entered into online through the website www.argenesi.it is subject to Italian jurisdiction.
14.2 Any dispute that may arise in relation to the contracts governed by these General Conditions of which a “Consumer” Customer is a party (ie the natural person who purchases the goods for purposes not related to his professional activity or does not make the purchase by indicating in the form order to the Seller a reference to VAT number), will be devolved to the Court in whose district the Customer has his domicile or residence.
14.3 Any dispute that may arise in relation to the contracts governed by these General Conditions of which a “Non-Consumer” Customer (ie the natural person who purchases with VAT number) is a party will be exclusively devolved to the Court of Padua.