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1. PURPOSE AND ACCEPTANCE
1.1 These conditions (“General Conditions”) govern exclusively the sale of goods online and worldwide delivery by Elmo & Montegrappa S.p.A. - VAT no. 03552260246, with headquarters at Ca’ Erizzo 43/45, 36061 Bassano del Grappa (VI), Italy, Phone +39 0424 522232, Fax +39 0424 523975, Email [email protected], PEC (Certified Electronic mail) [email protected] (the “Company”) – through the website www.montegrappa.com.
1.2 In order for the Company to accept the contract, the contracting party (“Purchaser”) must be entered and registered in electronic format in the Company’s database, including all user data pertinent to delivery and eventual invoicing of goods, in addition to the Purchaser's acceptance of these General Conditions. Following registration, the Purchaser can identify the items of goods he/she intends to purchase and forward the request to the Company. The Company reserves the right to suspend or terminate, at any time, the publication and updating of the catalogue of goods offered for sale, or modify all or any part thereof, at its sole discretion and without prior notice.
1.3 Trademarks, designs and other distinctive insignia reproduced via the online catalogue are the property of the Company and its partners, which prohibit the unauthorised third-party reproduction of any part thereof.
1.4 The acceptance of any contract is subject to the final and unappealable approval of the Company, which, in case of non-acceptance, must notify the Purchaser in the manner it deems most appropriate within 20 days of receiving the order. In the absence of communication within the said period, the contract shall be understood to be accepted.
1.5 The Company is free to decline orders at its sole discretion, and it rejects any contractual or non-contractual liability for any direct or indirect damage caused by the non-acceptance, even in part, of an order. In the case of accepted orders, the Company shall, through its electronic system, perform processing and fulfilment services without delay. If an order exceeds the amount present in the Company’s warehouse, it shall inform the Purchaser by email of any non-availability and/or set out the expected arrival of the selected item/s, giving the Purchaser the option to confirm the order. The Company undertakes to deliver goods within 30 days of confirmation of the order using the data provided by the Purchaser (pursuant to arts. 61 to 49g Legislative Decree No. 206/2005).
1.6 The Company undertakes to perform its supply obligations exclusively for the goods specified in the order. Any modifications required by the Purchaser must be sent in writing to the addresses specified in clause 1.1 and shall be subject to further acceptance by the Company who, as a result of the modifications requested, may eventually change the delivery dates and prices from those set out in the original order.
1.7 It is specified that any term or condition included by the Purchaser in the order, in correspondence or elsewhere is invalid and ineffective unless specifically accepted in writing by the Company.
1.8 The order confirmation shall not be interpreted in any way as implicit acceptance of conditions or clauses contained in the order or elsewhere, if they are not expressly mentioned in the confirmation itself or the will of the Company to accept them has not been otherwise expressly stated.
1.9 The sales contract is governed by these General Conditions, which are an integral and essential part of the sales contract, even if not expressly referred to in the order and/or order confirmation.
1.10 The Company is in no way responsible for the consequences of data relevant to the order being incorrectly communicated by the Purchaser (merely by way of example: the name and address given for shipment of the purchased product, the characteristics and the quantity of the ordered products).
2.1 The Purchaser must pay for goods ordered according to the methods specified in the order form and may not for any reason or under any circumstances defer or suspend the agreed payments even if disputes arise regarding the performance or interpretation of the present contract.
2.2 The Company offers to its customers different payment methods:
2.2.1 Debit/credit card;2.2.2 PayPal;2.2.3 Bank transfer.
Unless otherwise specified by the Company, payment must be made by the Purchaser upon placement of the order.
2.3 Payment shall not be required for goods reserved by a Purchaser through his/her placement of a Pre-Order until the Company has confirmed in writing the expected availability of the good(s) and the Purchaser has elected to accept the order within the stated timeframe.
3. SHIPMENT AND DELIVERY
3.1 The Company undertakes to pack the goods in such a way that ensures their integrity and shall send the same exclusively to the address indicated by the Purchaser.
3.2 Upon delivery, by signing the carrier's transport documentation, the Purchaser confirms his/her full acceptance of the delivered goods with respect to, for example, the order’s arrival, the number of packages received, the correspondence between product/s ordered and delivered, as well as the integrity and exterior characteristics of the product/s.
3.3 The Purchaser is required to immediately check the condition of delivered goods and the respective packages, and verify that they actually correspond to the ordered goods, making, if necessary, immediate written observations on the delivery order or transport documentation indicating acceptance of the goods "WITH RESERVATION", putting such wording on the courier's receipt at the same time as providing confirmation of receipt.
3.4 Even if the packaging is intact, the goods must be carefully checked by the Purchaser, and any defects and apparent non-compliance (observable through reasonable diligence) of the goods must, under penalty of cancellation, be reported to the Company in writing within no more than 8 calendar days following the date of delivery.
3.5 For goods imported into non-EU territories, the Purchaser is responsible for the payment of any taxes & duties applicable under their country's laws and regulations. Costs resulting from customs clearance vary depending on the products shipped, and the legislation of individual countries.
3.6 The Company declines all liability for any delays caused as a result of force majeure such as, merely by way of example, accidents, explosions, strikes, lockouts, earthquakes, disasters, floods, riots, laws, regulations and orders issued by State authorities, and/or other difficult or impossible-to-foresee events, and/or any other case of delay not attributable to the Company’s malice or serious fault that entirely or partly prevents fulfilment in the agreed times or ways.
3.7 Under no circumstances is the Purchaser entitled to claim damages or make other claims, or request cancellation of the contract for delivery delays beyond the control of the Company.
4. RIGHT OF WITHDRAWAL
4.1. The Purchaser has the right to withdraw from the purchase contract without penalty and without having to provide a reason within 14 days, using the following form (pursuant to Annex I, Part B of the Legislative Decree 206/2005)---------ADDRESS:ELMO & MONTEGRAPPA S.P.A.Via Ca’ Erizzo 43/4536061 Bassano del Grappa (VI) – ITALYEMAIL: [email protected]PHONE: +39 0424 522232
With this request I/we* notify the withdrawal from my/our* contract for the sale of goods- Ordered/received* on- Name of Purchaser/s- Address of the Purchaser/s- Signature of Purchaser/s (only required for physical mail)- Date(*Delete unused wording)---------or by submitting any other unequivocal statement of its decision to withdraw from the contract to be sent in accordance with the law to the headquarters of the Company (Elmo & Montegrappa S.p.A., via Ca’ Erizzo 43/45, 36061 Bassano del Grappa (VI), Italy). Such a declaration must contain the Purchaser's bank details for the purpose of refund in cases of payment received by Bank Transfer.
4.2 The withdrawal period expires after fourteen days following the date on which the Purchaser or a third party other than the carrier and designated by the Purchaser acquires physical possession of the goods or, in the case of multiple goods ordered by the Purchaser in one order but delivered separately, the day on which the Purchaser or a third party other than the carrier and designated by the Purchaser acquires physical possession of the final consignment; or, finally, in the case of delivery comprising multiple lots and/or pieces, the day on which the Purchaser or a third party other than the carrier and designated by the Purchaser acquires physical possession of the final lot or piece.
4.3 The notice of withdrawal may be sent also by telegram, email or fax and is understood as being sent in good time if delivered to the accepting issuer within the above-mentioned period.
4.4 The right of withdrawal is excluded in relation to the supply of goods tailor-made to the Purchaser’s specifications or clearly customized (pursuant to art. 59/c Legislative Decree No.206/2005);
4.5 In the event of withdrawal from this contract, all payments that the Purchaser has made in favour of the Company shall be refunded, excluding the cost of delivery, without undue delay and in any event no later than 14 days following the day on which the Company was informed of the Purchaser’s decision to withdraw from the contract, provided that the goods purchased have already been returned and received intact. Such refunds shall be made using the same means of payment used by the Purchaser for the initial transaction.
4.6 The Purchaser must return the product purchased at his/her shipping cost and the refund shall be suspended until receipt of the goods or until the Purchaser has provided evidence of having sent back the same.
4.7 Following the receipt of goods intact the Company shall refund to the Purchaser the full price of the product/s, unless it has been forced to incur expenses attributable to the Purchaser, in which case the Company shall be entitled to retain part or all of the price of the goods as compensation for damages.
4.8 The integrity of goods returned is an essential condition for exercising the right to withdraw.
4.9 Until the declaration of receipt in the Company’s warehouse, the shipment is under the full responsibility of the Purchaser. If the goods are damaged during transport, the Company shall inform the Purchaser within 5 working days of receipt of goods, to allow him/her to file a timely complaint against the contracted carrier and to obtain reimbursement of the value of the goods (if insured). In such cases, the product/s shall be made available to the Purchaser for return, subject to his/her cancelling the request for withdrawal.
4.10 If the right of withdrawal is not exercised in the agreed manner, it is pointed out that orders placed by the Purchaser are binding, and in the case of goods already forwarded but refused by the carrier, or not delivered due to the fault of the Purchaser, an invoice or receipt will be issued for the entire cost of the shipment as well as the cost of return to the sender, to be payable by the Purchaser.
4.11 In the event that the withdrawal provided for by law is not carried out in the manner specified, the provisions of Article 1453 of the Italian Civil Code shall apply. These mandate the Purchaser's obligation to pay the agreed price for the supplied goods, unless the right to withdraw from the contract, in addition to any damages suffered by the Company.
5. WARRANTY AND SUPPORT
5.1 The parties agree that the guarantee is limited to 24 months from the date of delivery, provided that the complaint of lack of conformity is communicated in writing within 60 days of its discovery and the goods have been returned to the Company for inspection. In cases of non-conformity, the Purchaser will have the right to have the conformity restored free of charge by repair or replacement of the goods, or, if not possible, to a reduction of the purchase price, or to termination of the contract.
5.2 The Purchaser immediately loses the warranty coverage for the goods if, without the prior written permission of the Company, he/she has operated on them directly and/or requested third parties to assemble and/or disassemble products and/or replace parts.
5.3 The warranty provided against defects shall be ineffective when:
5.3.1 accompanying documents proving the purchase from the Company appear altered or illegible. Requests will only be processed only if the product is returned accompanied by a legitimate invoice or receipt and order confirmation form;5.3.2 the product codes or serial numbers have been altered, deleted, removed or rendered illegible;5.3.3 the product has been repaired or modified by unauthorized personnel, prior to the Company being able to proceed with the technical check;5.3.4 the result of the technical check reveals that the product defect is the result of negligence or careless use;5.3.5 whenever the defect is not found to be due to production, manufacturing or packaging error.
The Purchaser hereby renounces his/her right to compensation for his/her obligation to pay and/or for any claims from creditors of any kind.
7. APPLICABLE LAW AND JURISDICTION
7.1 The herein-specified General Conditions of sale are governed exclusively by Italian law, regardless of where the Purchaser is located or the order is sent to.
7.2 Any issue or dispute arising from this agreement shall be settled exclusively by the courts of the territory in which the Purchaser is resident.
8. PRIVACY OF PERSONAL DATA
PRIVACY STATEMENT WITHIN THE MEANING OF GDPR 2016/679 - "SHOP" SECTION
Within the meaning of Article 13 of GDPR 2016/679, the following guidelines apply to the processing of data:
1. The personal data provided is used for the processing and issuing of products purchased through our online store.
2. Data is processed in-house by means of electronic systems or in paper form by persons authorised to do so. Data is stored in internal digital and data archives and secured in Italy and the U.S.A. using certified operators with EU-U.S./Swiss-U.S. Privacy Shield Frameworks.
3. Provision of personal data is required. Refusal in full or in part to provide data or consent to its processing may result in the contract not being fulfilled, or being fulfilled only in part.
5. Personal data is not disclosed to third parties, except on the express wish of the data owner.
6. The controller of the personal data is ELMO & MONTEGRAPPA S.p.A. - P.IVA 03552260246 - Via Ca’ Erizzo 43/45 - 36061 Bassano del Grappa (VI) – Italy
7. In accordance with Article 15 GDPR 2016/679, the owner of personal data has the right to receive information at any time concerning the content of his/her data collected via this website and, where required, to request rectification, update or deletion. The data owner is also entitled to assert all other rights conferred on him/her. For this purpose, it is necessary to notify the Company’s data processing personnel by email at [email protected]
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