General Sale Conditions
These general conditions of online sale (hereinafter "CGV") govern the contract of sale (hereinafter, the "Contract") of the products (hereinafter, the "product" or "products") offered by CRISAVI srls 41012 Carpi - Via Aldo Moro Esterna, 58 P.iva 03736120365 (hereinafter, "Seller") - through its website www.crisavi.com (hereinafter, the "website") to users of the site (hereinafter, the "customers") or the "customer").
These terms and conditions of sale are understood to refer exclusively to customers qualifying as "consumers" pursuant to art. 3, co. 1, lett. a), of Legislative Decree 6 September 2005, n. 206, that is "the natural persons acting for purposes unrelated to the entrepreneurial or professional activity carried out", as well as adults.
All information contained on the site is in Italian. The customer declares to have read all the above information and general conditions of sale, before placing the order.
Before making the order of the product, the customer declares that the purchase of this product has no direct relationship with his professional activity, being their purchase intended for personal use.
The customer also declares that he has the legal capacity to engage in accordance with the provisions of these general conditions.
1 - Object
These general conditions of sale have as their object the definition of the rights and obligations of the parties in the context of a distance sale of goods offered in the online store www.crisavi.com
2 - Territory and coverage of the offer
The present version of the general conditions of sale refers exclusively to sales made to consumers having their domicile or their residence in Italy.
3 - Contractual documents
This contract consists of the following documents:
• the present general conditions of sale
• order confirmation
The photographs illustrating the products on the site do not fall within the contractual field and are reported for descriptive purposes only.
4 - Order reception
Any order confirmation signed by the validation click constitutes an irrevocable commitment by the customer that can be called into question only in the cases provided for in this contract to the articles "Right of withdrawal" and "Execution of the order".
5 - Order acceptance
The conclusion of the contract will take place only at the time of confirmation of the order by CRISAVI srls.
The customer will receive by e-mail a notification of receipt showing the order confirmation with all the elements constituting the contract (including products ordered, prices, delivery dates, shipping costs).
CRISAVI srls reserves the right not to confirm an order for any reason relating specifically to a problem of supplying products, or a problem concerning the order received.
CRISAVI srls can not be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the customer. CRISAVI srls can not be held responsible for any damage that may occur to the products after delivery to the carrier in charge of their transport as well as for delays in delivery to the latter attributable.
6 - Availability of products
The offers on this site will be valid as long as the listed products remain online and while stocks last.
CRISAVI srls also reserves the right to notify the customer, at the email address associated with his profile, of the unavailability of one or more of the products purchased. In the case of purchase of the product no longer available CRISAVI srls will refund (on the payment card or on the Pay Pal account indicated by the same for the purchase or via wire transfer, the details of which are to be communicated after registration) of the price and expenses shipping costs incurred by the customer.
7 - Prices - Invoice
Prices are in Euro and include 22% VAT.
The guaranteed price to the buyer is the one published on the site at the time of sending.
The prices of the products are final. They do not include any delivery costs, which will be indicated in the order confirmation. The initial price on which the discount is applied is the official list price provided by the brand.
8 - Payment
The customer who intends to proceed with the purchase of the products must express this will through a request made directly on the site, in the specially dedicated section, where, following the procedures indicated therein, he will send his purchase order and make the payment.
The payment of the consideration is due from the moment of the order. The customer undertakes to pay the agreed price for the product ordered on the site (price of products and transport) through the payment methods available.
The customer guarantees CRISAVI srls to have the necessary authorizations to use the payment instrument indicated in the order phase.
In case of non-receipt by CRISAVI srls of the payment, CRISAVI srls reserves the right to cancel the order. In the case of payment by credit card, CRISAVI srls reserves the right to request the sending, within 24 hours, of the copy of the identity document proving the actual ownership of the credit card used, it being understood that, in the absence of sending requested, CRISAVI srls may refuse payment and cancel the order.
The payment data will be processed through a secure server-to-server connection using the SSL protocol (Secure Sockets Layer).
9 - Transfer of risks
The transfer of risks to the customer takes place at the delivery of the products to the carrier by CRISAVI srls. In the withdrawal period mentioned in Article 13, the customer is responsible for the object as a custodian. In case of damage or destruction of the product during the custody of the customer, the latter will suffer all the consequences.
10 - Execution of the order
The order will be executed in the terms specified on the Site and the acceptance of the order by CRISAVI srls and in any case within 30 days following the confirmation of the order subject to the availability of the product ordered and subject to specific agreement between the parties.
In case of stock exhaustion or unavailability of the ordered product, CRISAVI srls undertakes to inform the customer as soon as possible and to specify a possible term of renewed availability.
See art.6 regarding the availability of products.
11 - Delivery
The geographical delivery area corresponds to the geographical coverage area of the offer. Deliveries are made from Monday to Friday.
The products are delivered to the address indicated by the customer. The delivery refers to the road level unless otherwise indicated. The request for delivery to the plan of an order (where available) must be indicated by the customer upon confirmation of the order. Unless otherwise specified during the purchase, CRISAVI srls does not provide the installation service of the products sold.
CRISAVI srls subject to the provisions of art. 6, undertakes to deliver the products to the address communicated by the customer in the purchase order, through the carrier responsible for the transport of the same. CRISAVI srls can not be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the customer. CRISAVI srls can not be held responsible for any damage that may occur to the products after delivery to the carrier in charge of transporting the same as well as delays in delivery to the latter attributable.
In the event that the carrier has been chosen by you outside of those proposed at the time of purchase, the risk of damage and loss of the Products is transferred to you already at the time of delivery to the same carrier, precluding any dispute regarding the characteristics exterior of what was delivered. In this case, every complaint must be made directly by you against the carrier. CRISAVI srls carries out deliveries throughout the Italian territory. Deliveries to disadvantaged CAPs (eg Venezia Laguna) may result in changes in the indicated shipping rates.
If the customer intends to make a purchase order through the site from abroad, he must obligatorily communicate a delivery address in Italy. Delivery is made by couriers selected by CRISAVI srls; The Postal Boxes are not considered valid addresses for delivery.
The delivery document issued by the carrier, dated and signed by the customer upon delivery of the product, will constitute proof of transport and release of the goods.
On delivery, the customer must verify the content, compliance and status of the product (s). Therefore, upon delivery, CRISAVI srls advises the customer to proceed with the verification of the status of the products delivered before signing the document of receipt.
If anomalies are found, the customer must refuse the delivery of the products or write down their reservations, detailed and dated. These reserves must be confirmed to CRISAVI srls by registered mail with return receipt within three (3) working days after delivery of the products.
12 - Collection of products in case of absence of the customer
In case of absence of the recipient during the delivery, the carrier will leave a notice of passage to the delivery address indicated by the customer. In case of absence of the recipient even on the second delivery attempt, the products must be picked up at the address and in the manner indicated by the carrier.
In case of failure to collect within the term established by the carrier, the products will be returned to CRISAVI srls who reserves the right to reimburse the price of the products, leaving the shipping costs, storage and return paid by the customer.
13- Right of withdrawal
The customer has the right to withdraw from the Contract, without indicating the reasons, from the receipt of the order confirmation sent by CRISAVI srls no later than 14 days from receipt of the product to the address indicated for delivery.
The date reported by the shipment tracking is fully proof of receipt of the goods.
To exercise the right of withdrawal, the customer is required to inform CRISAVI srls through an explicit declaration (for example, a letter sent by post, fax or e-mail to be sent to email@example.com) . the type of withdrawal form that the seller will send, but it is not mandatory including indication of the details of the recipient, the order number and the date of receipt. To comply with the withdrawal deadline, it is sufficient that the customer sends the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
If the product has already been delivered, the customer is required to return it to CRISAVI srls without undue delay and in any case within 14 days from the day on which the customer has communicated the withdrawal. The product is considered returned when it is delivered to the post office and / or accepting courier. The customer is responsible for the diminished value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. If the product has been delivered, the substantial integrity of the product to be returned is an essential condition for exercising the right of withdrawal. The customer must send the product properly packaged and packaged; CRISAVI srls does not accept damaged returns, but kept in a normal state of conservation, kept with the use of normal diligence. Products damaged by detergents / additives or products damaged by the customer due to inexperience will not be replaced or reimbursed. The customer must insert a copy of the delivery document received within the packing box. The risks of transport for the return of the products are fully borne by the customer. The costs of returning the goods to CRISAVI srls are charged to the customer.
If the customer requests the withdrawal from this contract, all payments made to CRISAVI srls will be reimbursed, including delivery costs (with the exception of additional costs resulting from the customer's choice of a type of delivery other than the type less expensive standard delivery offered by CRISAVI srls) without undue delay and no later than 14 days from the day of receipt of the customer's communication about the withdrawal option. These refunds will be made using the same means of payment that the customer has chosen for the initial transaction, unless the customer has expressly agreed otherwise; in any case, the customer will not incur any costs such as delivery of such reimbursement.
The reimbursement will take place within fourteen days from the date on which CRISAVI srls received the returned product in accordance with the above.
As required by Article 59 of the Consumer Code, the right of withdrawal regulated by these conditions of sale does not apply to goods made to measure or clearly personalized or which, by their nature, can not be returned or are liable to deteriorate or change quickly.
1. The right of withdrawal referred to in Articles 52 to 58 for distance contracts and contracts negotiated away from business premises is excluded in respect of:
a) service contracts after the complete provision of the service if the execution began with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full execution of the contract by the seller;
b) the supply of goods or services whose price is linked to fluctuations in the financial market that the seller is not able to control and which may occur during the withdrawal period;
c) the supply of goods made to measure or clearly personalized;
d) the supply of goods that are liable to deteriorate or expire rapidly;
e) the supply of sealed goods that can not be returned for hygienic reasons or related to health protection and have been opened after delivery;
f) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
g) the supply of alcoholic beverages, the price of which has been agreed upon at the time of conclusion of the sales contract, whose delivery can take place only after thirty days and whose actual value depends on fluctuations on the market that can not be controlled by the seller;
h) contracts in which the consumer has specifically requested a visit by the seller for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such a visit, the seller provides services in addition to those specifically requested by the consumer or goods other than the spare parts necessary for maintenance or repair, the right of withdrawal applies to such additional services or goods;
i) the provision of sealed audio or video recordings or sealed computer software that has been opened after delivery;
l) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
m) contracts concluded at a public auction;
(n) the provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities where the contract provides for a specific date or period of performance;
o) the provision of digital content through non-material support if the execution began with the express agreement of the consumer and with his acceptance of the fact that in that case he would lose the right of withdrawal.)
14 - Warranty
In order to guarantee high quality standards, the products are submitted to quality control procedures by CRISAVI srls before being shipped. However, in the event of problems, the customer benefits from the legal guarantee from the manufacturing company for a period of 24 months.
In any case, the products sold benefit from the legal guarantee against hidden defects foreseen by articles 1641 and following of the Civil Code.
Finally, some products have a warranty extension. In these cases, the procedures and the duration of the guarantee are specified in the warranty certificate delivered with the product. The latter does not cover damage, breakages or malfunctions due to failure to comply with the precautions for use.
For the activation of the warranty, the customer returns the product to CRISAVI srls at his own expense attaching the original order receipt.
The product will be replaced with an identical product and sent to the customer at the expense of CRISAVI srls, except in case of unavailability or ceased production of the product itself. In the latter case, CRISAVI srls will proceed to refund the price of the product to the customer.
15 - Use of the site
The descriptions of the products and the images on the site are the same as made available by CRISAVI srls suppliers to CRISAVI srls itself. The photographs and video presentation of the products accompanying the descriptive information are published on the website for descriptive purposes, taking into account the fact that the quality of the images, including an exact visualization of the color variations, may depend on software and computer tools used by the customer when connecting to the site. CRISAVI srls assumes no responsibility for problems caused to the customer by the use of the site and the technologies used as they are not dependent on their own will.
16 - Intellectual and industrial property rights
CRISAVI srls informs that the site, as well as all the trademarks and distinctive signs used in connection with the sale of the proposed products, are protected by applicable intellectual and industrial property rights and that any kind of reproduction, communication, distribution or publication is forbidden. alteration or transformation, in any form and for whatever purpose they occur. CRISAVI srls reserves the right to take legal action to protect these aspects. CRISAVI srls does not assume any responsibility for the brands and other distinctive signs that appear on the products it sells on the site, with respect to which the customer does not acquire any rights as a result of the conclusion of the Contract.
17 - Protection of personal data
CRISAVI srls is the owner of the personal data collected at the time of registration on the site, as well as those subsequently communicated at the time of purchase by the customer, except for the data related to the payment procedure for which you refer to the banking institutions through the what the transaction takes place. For information regarding the processing of personal data, including the rights referred to in art. 7 of the Legislative Decree 196/03, please refer to the detailed information already provided at the time of registration on the Site www.crisavi.com or available on the Privacy page published on our website.
18 - Electronic signature
The "validation click" is an electronic signature.
This electronic signature has the same value as a handwritten signature between the parties.
19 - Integrality of the contract
These general conditions of sale constitute the entirety of the obligations of the parties.
No other general or particular condition communicated by the customer can enter or be excluded from the present general conditions.
20 - Nullity
Should one or more provisions of these general conditions be considered invalid or declared as such in application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will retain all their strength and their value.
21 - Communications
For any communication you can contact CRISAVI srls at the following addresses:
41012 Carpi - Via Aldo Moro Esterna, 58
22 - Applicable Law and Competent Court
The contract of sale concluded between the Customer and CRISAVI srls is considered concluded in Italy and governed by Italian law, in particular by the provisions of the Civil Code, by Legislative Decree 185/99 on distance contracts, by Legislative Decree no. 70/2003 concerning contracts concluded by electronic means, by the Consumer Code and their possible additions and modifications. For the resolution of all disputes arising from the contract of sale between CRISAVI srls and the Customer, only the Judicial Offices of the Court of Modena will be competent, unless the Customer has acted and concluded the present contract as a Consumer for purposes unrelated to entrepreneurial or professional activity. In this case the Court of the place where the Customer has his residence or domicile, if located on the territory of the Italian State, will be exclusively competent.
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