For this reason, it provides the same, through these general conditions of sale (CGV), appropriate information in relation to all aspects governing the purchase, through telematic methods, of the products presented on the Site, in compliance with the provisions of D. Lgs. 6/9/2005, n. 206 ("Consumer Code"), as amended by Legislative Decree 21/2/2014, n. 21, implementing the European Directive 2011/83/EU, which, in turn, amended the previous European Directives 93/13/EEC and 1999/44/EC, repealing the European Directives 85/577/EEC and 97/7/EC.
These GTC, therefore, form an integral and essential part of the Contract for the purchase of any Goods made through this site and the placing of an Order, by the Customer, implies its acceptance.
Therefore, when placing an order to purchase a Good through the Site, the Customer agrees to these Terms and Conditions, and agrees to be legally bound by the terms and conditions set forth below.
Society: means ProGrè SRL. with registered office in Via Adolfo Omodeo 91, 80128 Naples, P. IVA 05359771218 owner of the domain name of this Site and operator of the e-commerce platform operating on the Site, accessible through the same.
Vendor: ProGrè SRL. with registered office in Via Adolfo Omodeo 91, 80128 Naples, P. IVA 05359771218
Website: shall mean this Website on which the Platform operates.
Platform: shall mean the electronic commerce platform operating on and accessible through the Site, through which the Seller is technically enabled to sell the Good. Access to the Platform is free for Customers and generally for any user.
Good: means the product and/or service offered for sale by the Seller through the Platform.
Good Extralarge: means the Good weighing more than 70 kg and/or bulky (i.e., greater than 419 cm (2 x height + 2 x length).
Customer: means the natural person of age or legal entity registered on the Site who, by placing the Order, proposes to the Seller to purchase the Good through the Site and to pay the price thereof by means of the Platform accessible through the Site itself. If the Customer is a consumer referred to in Article 3, co. 1 of the Consumer Code (Cod. Cons.), the same is subject to all the provisions of greater protection provided therein.
Order: means the proposed purchase of a Good forwarded by the Customer to the Seller via the Site and the Platform, which the Seller may accept by giving appropriate notice to the Customer.
Contract: shall mean the contract of sale relating to a Good, which the Customer concludes directly with the Seller as a result of the placing of the Order, its notice of acceptance by the Seller and the payment of the relevant price.
Consumer Code (COd. Cons.): Is understood to mean the Legislative Decree.6/9/2005, No. 206.
General Terms and Conditions of Sale (GTC): shall mean these contractual terms and conditions, published on this Site, a copy of which the Customer may at any time inspect and print, which have as their object the sale of the Good by the Seller to the Customer.
Any purchase of Goods made through this Site and the e-commerce platform is governed by this document, and is a distance sale within the meaning of Articles 51 et seq. of the Consumer Code.
Purchase voucher or coupon: means an entitlement document that can be purchased by the Customer on the Site through the Platform and downloaded and saved in electronic form and/or printed in paper form, equipped with a unique identification code, which gives the Customer, for a period of up to 90 (ninety) days from the purchase, the right to purchase goods or use services of his/her choice at the physical location or store of the Seller, for a countervalue indicated in the voucher itself.
2. PROCEDURE FOR MAKING THE PURCHASE OF THE ASSET
The process of purchasing an Asset consists of the following steps:
2.1. Identification of the Customer: the Customer must register on this Site by entering his/her personal details (personal identification data, physical and telephone number and any other information that may be required) and give the Company and the Seller a valid consent to their processing and communication to the carrier (courier) and to any third parties for the purposes referred to in these general conditions of sale.
Once the registration has been made, in order to proceed with the purchase, the Customer will have to enter his/her own access credentials (username and password) freely chosen by the same during registration and fill in the Order form related to the chosen Good.
2.2. Completion of the Order Form: the Customer shall carefully read and complete the Order Form in electronic format on this Site.
The Order Form will indicate in detail, in a clear and easily understandable manner, before its confirmation by the Customer:
(a) the essential characteristics of the Good offered for sale by the Seller through the Platform;
(b) the Seller's identification and physical contact information (in the case of a sole proprietorship, firm; in the case of a corporation, company name or business name; physical address of main office and/or secondary offices, if any; telephone and telefax numbers; e-mail address; any specific address to which complaints should be addressed; names of any contact persons);
(c) the quantity of the Good covered by the Order;
(d) the total price of the Good (including all applicable taxes and duties);
(e) the costs of delivery of the Goods (with any ancillary costs). In the case of Extralarge Goods, the details of the delivery charges may be communicated to the Customer at a later date, subject to the procedure set forth in paragraph 2.8.
(f) the manner, address and expected date of delivery of the Good, however, not more than 30 (thirty) days from the date of conclusion of the Contract;
(g) a request for the Customer's acknowledgement and acceptance of the General Conditions of Sale;
h) the request for acknowledgement and acceptance of the conditions established for the exercise of the right of withdrawal by the Customer, as well as the procedures, costs and timeframes for the return of the Good and the related refund of the Price already paid (where applicable);
(i) any request for the issuance of the commercial invoice;
l) the total price of the Order (including taxes, duties and shipping costs);
m) the payment method chosen by the Customer from among those expressly indicated on the Site and provided by the Platform;
(n) all information on any service or commercial warranties provided, including the legal warranty of conformity of the Good, where applicable;
(o) information regarding the existence of any right of withdrawal, including the conditions, terms and procedures for exercising such right.
Upon completion of the Order form, the Customer may, prior to placing the Order, print or save the same in electronic format.
2.3. Forwarding of the Order Form and Payment of the Price: The Customer shall forward the Order Form by point and click mode, i.e., by selecting on the Site a virtual button clearly and legibly displaying the words "Complete Order," or other similar action involving the Customer's express acknowledgement that the forwarding of the Order implies an obligation on its part to make payment of the price.
Payment of the total price of the Order is a prerequisite for the Contract to be considered concluded and the order can be processed.
Once the order has been submitted and the payment of the Price has been made, the Customer will receive, within the strictly necessary technical time, by e-mail, a communication confirming acceptance of the Order by the Seller and payment of the price, containing a summary of the contents of the Order itself.
Together with this communication, the Customer will receive a copy of the information notice regarding the processing of personal data (of which the Customer always has the opportunity to view on this Site, however), information on how to exercise the right of withdrawal, if any, and the tracking code necessary to monitor the delivery of the Good through the carrier.
If the Customer has requested to pick up the Goods directly from the Seller ("pick up in store" option), the tracking code will not be communicated, and the different procedure set forth in Article 4 below will apply.
2.4. Conclusion of the Contract: The contract between the Customer and the Seller shall be deemed concluded upon the Customer's receipt of the notice of acceptance of the Order by the Seller and payment of the relevant price.
2.5. Archiving of the Order: The Order form will be archived in the Platform's database for the period of time necessary for the execution of the same and in any case within the terms of the law.
2.6. Refusal to execute the Order and refund of the Price: The Seller may refrain from executing the Order forwarded by the Customer if the identification data entered by the Customer in the Order form is incomplete or incorrect. Should this occur, the Customer will be informed, within the strictly necessary technical time, by e-mail, of the reasons for the non-conclusion of the Contract, and will receive a full refund of any Price already paid in accordance with the timeframes and procedures provided for in Article 8 below.
2.7. Unavailability of the Good: If, for any reason, the Good is no longer available from the Seller, the Seller may temporarily suspend the execution of the Order by contacting the Customer, by e-mail, within 5 (five) working days following the submission of the order form. The Seller will provide the Customer with all information regarding the expected timing of restocking and delivery of the Good and may also propose to the Customer a Good with equivalent characteristics and value as a replacement for the unavailable Good.
The Customer has the right, in this case, to withdraw from the contract and cancel the Order, rejecting any alternative proposal received from the Seller. If payment of the Price has already been made, the Customer will receive a full refund of the amounts paid in accordance with the time and manner provided for in Article 8 below.
2.8. Extralarge Good: If the subject of the order is a bulky good (Extralarge Good), the Order transmitted by the Customer will be taken as a mere reservation of the Extralarge Good by the Customer free of charge, and no charge will be made.
Following the reservation, the Customer will receive, within the necessary technical time, a communication by e-mail containing a summary of the contents of the reservation of the Extralarge Good, with an express indication that the Price will not be charged.
Within the next 5 (five) working days, the Customer will receive a second communication, again by e-mail, with confirmation of the actual availability of the Extralarge Good, details of the costs and shipping charges, the total price of the Extralarge Good (including taxes) and a hyperlink (link) to the website www.PayPal.it, i.e. the details for payment of the price by bank transfer, with details of the courier company appointed for delivery and any additional costs.
The Customer shall make payment of the Price within 2 (two) business days of receipt of such second communication, under penalty of cancellation of the reservation and Order.
3. SHIPMENT AND DELIVERY OF THE GOOD
3.1. Unless otherwise agreed in writing between the Customer and the Seller, the latter is obliged to deliver the Goods to the Customer without undue delay, and in any event no later than the term of 30 (thirty) calendar days from the date of conclusion of the Contract, as provided in Article 61 of the Consumer Code.
The delivery costs of the Goods, where present, are fully charged to the Customer, and vary according to the weight and volume of the Goods, the delivery location and the selected ancillary services.
Without prejudice to the case of Beni Extralarge, for which the provisions of paragraph 2.8 apply., During the process of completing the Order and before the forwarding of the same by the Customer and the conclusion of the Contract, are communicated to the Customer, in a clear and understandable way, all the costs and costs of shipping and delivery relating to the Good object of the Order.If, in exceptional cases, it is not possible to calculate the delivery costs in advance, the Customer will receive clear evidence of this before placing the order and concluding the Contract.
3.2. The shipment of the Goods will be carried out by carrier (courier) or in any case through a third-party shipping company with respect to the Company and the Seller, which will be indicated on the Site and in the Platform at the time of completing the Order and before its forwarding, together with the conditions of transport applied, unless otherwise indicated which will be communicated to the Customer in the Order Confirmation.
By placing the order, the Customer declares to have read and accepted the same.
3.3. Together with the Order confirmation, the Customer will receive the details for the delivery of the Goods and the times, together with the tracking code that will allow you to monitor the status of the shipment.The Customer will be able to verify the transfer phase of the Asset:
1. By connecting to the MyArea Reserved area;
2. Directly on the carrier's website.
3.4. The Goods can be delivered throughout the Italian territory to the address indicated by the Customer in the Order form. Shipments cannot be addressed to post office boxes and post office.
In the event that the Customer has become unavailable upon delivery of the Goods, the Customer will have 30 (thirty) days to proceed to collect the Goods at his own expense at the physical headquarters of the Seller. Once this period has elapsed, the Seller may withhold the Goods and the Customer will lose the right to a refund of the amounts paid.
The Customer, together with the delivery of the Goods, must verify the integrity of the same and in case of defects report them to the Seller within 24 hours of receipt of the package.
3.5. The delivery obligation is considered fulfilled by transferring the material availability or in any case the control of the Asset to the Customer.
If the obligation to deliver the Goods is not fulfilled within the period referred to in paragraph 3.1., The Customer will have the right to request that the delivery be made within an additional period appropriate to the circumstances. Should this additional term possibly granted expire without the Goods having been delivered, the Customer will have the right to terminate the Contract.
3.6. However, the Customer is not burdened by the burden of granting the additional term referred to above, if:
a) the Seller has expressly refused to deliver the Goods, or;
b) compliance with the deadline agreed by the parties for the delivery of the asset must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract, or;
c) the Customer has informed the Seller in writing, before the conclusion of the contract, that delivery by or on a specified date is to be considered essential.
3.7. If the Customer does not receive the Goods within the agreed term or within the term referred to in paragraph 3.1., The Customer has the right to terminate the contract, without prejudice to the right to compensation for damages. In this case, the same has the right to reimbursement of all sums paid in execution of the contract.
4. COLLECT IN STORE
4.1. Without prejudice to the purchase procedure provided for by the previous art. 2, the Customer has the possibility, if indicated, to collect the Goods directly from the physical headquarters and / or the Seller's shop, at his own expense and without delivery costs, by making an express request in the Order form.
4.2. To collect the Goods, the Customer must present their identity document (or possibly that of the person who made the purchase), together with the print of the e-mail communication certifying the Order confirmation, no later than 30 ( thirty) calendar days from the date of receipt of the notice of acceptance of the Order.
4.3. In this case, the deadline for withdrawal referred to in the following art. 7, if existing, will start from the day of actual taking over of the Good by the Customer, or from the day on which the Customer should have taken delivery of the Good pursuant to the previous paragraph.
4.4. If the Customer does not collect the Goods at the physical headquarters and / or the Seller's shop within 30 (thirty) calendar days from the date of receipt of the communication of acceptance of the Order, the Seller will be exempted from the obligation to deliver the Goods. and / or guarantee its availability.
5. SELLER'S GUARANTEES
5.1. Il Venditore è il solo responsabile dell'esecuzione del contratto di vendita del Bene concluso con il Cliente.
5.2. Il Venditore è il titolare del Bene posto in vendita, del quale garantisce l'autenticità, la legittima provenienza e la conformità rispetto alle informazioni pubblicate sulla Piattaforma.
Le immagini e i colori del Bene potrebbero tuttavia non essere pienamente corrispondenti a quelli reali; le immagini hanno infatti funzione puramente indicativa.
5.3. Il Venditore è responsabile della legittimità e conformità del Bene posto in vendita rispetto alle vigenti normative italiane ed europee.
5.4. Il Venditore dichiara di essere in possesso di tutti i requisiti previsti dalle vigenti normative, sia in relazione alle autorizzazioni per lo svolgimento del commercio, anche in forma elettronica, sia in materia di vendite a distanza.
5.5. Il Venditore , in caso di difetto di conformità acclarato del Bene, nei limiti temporali previsti dalla vigente normativa, sarà tenuto al ripristino della conformità dello stesso senza alcun costo aggiuntivo per il Cliente.
6. PRICE AND METHOD OF PAYMENT
6.1. The price of the asset is expressed in euros and may be subject to change and update over time.
The sale price is that indicated in the Order form and is inclusive of all applicable taxes and duties.
The total price of the Order also includes delivery costs and any costs for accessory services chosen by the Customer, appropriately distinct and detailed.
6.2. In the event of a material error in the indication of the price, which is manifestly negligible compared to the value of the Good, the Seller will have the right to rectify the same before the delivery of the Good. If the Customer communicates that he does not accept to pay the adjusted price, the sales contract will be considered terminated and the price, if already paid, will be returned to the Customer.
6.3. To pay the total price of the Order, the Customer can select, when completing the Order, one of the following systems chosen by the Seller: bank transfer (IBAN code indicated in the order form) and / or PayPal.
6.4. If payment with PayPal is chosen, the Customer will be redirected to the electronic payment platform on the website www.paypal.it and from here he will have to enter the data necessary to complete the transaction.
This information will never be stored, not even temporarily, on the Platform and will be used exclusively to complete the purchase transaction or to report any fraud committed on the Platform to the Police.
6.5. In relation to the payment system chosen by the Customer, no responsibility can be attributed to either the Company or the Seller in the event of inefficiencies or temporary non-functioning of the payment platforms referred to in paragraph 6.4. that comes before.
7. RIGHT OF WITHDRAWAL AND RETURN CONDITIONS - GOOD PURCHASE
7.1. If the Customer is a consumer, the same has the right to withdraw from the Contract within the term of 14 (fourteen) calendar days starting from the day of receipt of the Goods and to obtain reimbursement of the expenses incurred, without incurring any costs or penalties, and without having to specify the reason for the withdrawal.
7.2. In the case of multiple Goods, these being understood to mean those ordered by the Customer through a single order but delivered separately, the term referred to in paragraph 7.1. it will start from the day on which the Customer (or a third party other than the carrier or courier possibly appointed by the Customer), will receive the last good.
7.3. The right of withdrawal is excluded in the following cases:
- audio-visual products, sealed computer software, once opened after delivery (including those attached to hardware material);
- tailor-made or clearly personalized products;
- products that risk deteriorating or expiring rapidly;
- sanitary articles, medical devices and electro-medical equipment, food supplements or slimming products and / or parapharmaceutical and similar products;
- sealed products that cannot be returned for hygienic reasons or related to health protection, once opened after delivery (such as, by way of example only, cosmetic products, perfumes, beauty creams, herbal items, etc.).
- in general, in all other cases provided for by art. 59 of the Consumer Code, or which are entirely outside the scope of the same pursuant to art. 47 of the Consumer Code.
7.4. For the purposes of a correct management of the return connected to the exercise of the right of withdrawal, the Customer must, within the term indicated in paragraph 7.1., Carry out the following procedure:
1) authenticate to the Platform with your login credentials (username and password);
2) access, from your private area, the order management page and select the one relating to the asset subject to the request for withdrawal;
3) click on the item: "Request withdrawal" relating to the Property subject to the request for withdrawal;
4) complete the electronic withdrawal form in all its parts and send it to the Seller via the Platform;
5) select the "delivery of the good" service (where the customer does not wish to provide directly with his own courier, carrier or forwarder) and accept the charge at his own expense of the cost of the shipment necessary for the return of the good (the customer in this case you will not have to pay anything to the courier and the cost of shipping, which will be previously quantified, will be deducted from the sum to be refunded). If the price of the Goods object of the request for withdrawal is lower than the cost of the shipment necessary for the return of the same, the "delivery of the Good" service will not be available and the Customer will have to arrange with his own courier.
6) read and accept these return conditions related to the exercise of the right of withdrawal;7) arrange for the return of the Goods to the courier taking care that the same is returned in intact condition, complete with all accessories (including certificates of authenticity and warranty, user manuals, cables etc ...) and in its original packaging and packaging , without damage, including unaltered safety labels and seals, where applicable; the products must not have been used, worn, washed or damaged.
If the Customer has chosen to make use of the "return of goods" service, he will receive the return instructions by e-mail together with the waybill which must be printed and attached to the shipment.
8) indicate the method of reimbursement among the following:
a) re-credit to the PayPal account used for payment;
b) bank transfer (in this case it will be necessary to indicate the IBAN code and the account holder which must necessarily correspond to the person who made the payment).
7.5. As an alternative to the standard procedure provided for in paragraph 7.4., The Customer who holds the quality of consumer can exercise his right of withdrawal also in the following ways:
a) by sending to the Seller and, for information, to the Company, by means of separate registered letters with acknowledgment of receipt, within the term referred to in paragraph 7.1., of the withdrawal form, duly completed, downloadable from this Site and compliant with the provisions of Annex I, part B, of the Consumer Code, as referred to in art. 54, same Code.
b) by sending to the Seller and, for information, to the Company, by means of separate registered letters with acknowledgment of receipt, within the term indicated in paragraph 7.1., of an explicit written declaration containing the declaration to withdraw from the Contract.
7.6. The Seller will communicate to the Customer within 5 (five) working days of receipt of the Goods subject to withdrawal, by e-mail, the acceptance of the return of the Goods or the presence of any anomalies with respect to these general conditions of sale.
7.7. The Seller, where the right of withdrawal has been exercised in compliance with these conditions and within the established terms, will refund within the terms and in the manner indicated in paragraph 8.
7.8. In the event that the methods and terms for withdrawal are not respected, the Customer will not be entitled to any refund.
7.9. If you have purchased a coupon or purchase voucher, the Customer has the right to exercise the right of withdrawal within 14 (fourteen) calendar days from the day of receipt of the order confirmation email.
7.10. Unless the Seller has offered to collect the goods himself, the Customer is required to return the Goods without undue delay, and in any case within 14 (fourteen) calendar days from the date on which he communicated to the Seller and, if applicable , to the Company, the decision to withdraw from the contract. This deadline is considered respected if the Customer sends back the goods before the 14-day deadline has expired.
The cost of returning the asset is always charged to the customer.
7.11. In accordance with the provisions of art. 58 of Legislative Decree 6/9/2005, n. 206 (Consumer Code), without prejudice to the provisions regarding consumer credit agreements, if the Customer exercises his right of withdrawal, any ancillary contracts are terminated by law, without costs for the Customer, except for those provided from art. 56, co. 2, and 57 of the Consumer Code.
8. REFUND METHOD
8.1. The Seller will reimburse all payments received from the Customer (including any delivery costs) in the shortest possible time and in any case no later than 14 (fourteen) calendar days from the date on which the Seller became aware of the exercise. of the Customer's right of withdrawal, using the same payment method used by the Customer for the initial transaction.
If the Customer has expressly chosen a different and more expensive type of delivery from the least expensive type offered by the Seller and / or in the Platform as the standard delivery method, no reimbursement of the higher additional costs due to the different type of delivery will be due.
8.2. In case of non-execution of the order by the Seller, the latter will refund all payments received from the Customer in the shortest possible time, and in any case no later than 14 (fourteen) calendar days from the date on which the Seller has manifested to the Customer the non-availability of the Good or has received the Customer's refusal to supply a Good with equivalent characteristics and value in replacement of the unavailable one.
8.3. Pursuant to art. 56, co. 3, of the Consumer Code, the Seller may refrain from making the reimbursement referred to in this article until he has received the return of the Goods, or until the Customer has demonstrated that he has returned the Goods to the Seller, to whichever situation occurs first.
9. APPLICABLE LAW AND JURISDICTION
9.1. The Contract and these General Conditions of Sale are entirely governed by Italian law. For all disputes relating to the interpretation, resolution and execution of the Contract and these General Conditions of Sale in which at least one Consumer is a party, the mandatory territorial jurisdiction belongs to the Judge of the place of residence or domicile of the consumer, if located in the territory of the State.
10. MODIFICATION OF THE GENERAL CONDITIONS
10.1. These General Conditions of Sale are subject to change over time and according to any changes in the law.
10.2. The new conditions will be effective from the date of publication on this Site.
11. EFFECTIVENESS OF THESE CONDITIONS11.1. The Company and the Seller do not guarantee that the contents of the Site are appropriate or lawful in other countries.
11.2. Any invalidity, nullity or ineffectiveness of one or more of these General Conditions of Sale where accepted, will not determine the invalidity, ineffectiveness or nullity of the remaining clauses which will remain valid and effective.