The purpose of these General Terms and Conditions of Use and Contract is to regulate the commercial transactions that take place between the owner (Erretre Srl di Rigon Giampaolo e Rigon Caterina ,P.IVA 04670230269, Via Dell'Artigianato 23, 31050, Vedelago, TV, Italy) and users. The purchase of any of the products offered presupposes acceptance, without reservation of any kind, of each and every one of these general conditions of use
The products presented on the Site comply with Italian law. Without prejudice to the case of willful misconduct or gross negligence, the Owner will not be liable for damages that may derive from interference, omissions, interruptions, computer viruses, failures or disconnections in the operational functioning of this electronic system or in the users' equipment or IT equipment, motivated by causes external to the Owner, which prevent or delay the provision of services in other electronic systems, or the impossibility of giving service or allowing access for reasons not attributable to the Owner due to the user, third parties, or causes of major force.
With a general character, the User undertakes to comply with these general conditions of use and to always operate in compliance with the law, morality and the needs of good faith, acting with due diligence and refraining from using the website in any form that could prevent, damage or deteriorate the normal functioning of the same, the goods or rights of the Data Controller, its suppliers, and the rest of the users or in general of third parties. The User expressly undertakes to allow the delivery of the order by providing a "delivery address" to which the requested product can be delivered at the usual time of delivery of the goods. The User also expressly recognizes and accepts that in case of violation of this obligation, the Owner will have no responsibility for the delay or impossibility of delivery of what the User requests, reserving the right to cancel the purchase made.
The Owner reserves the right at any time and unilaterally to change the price of the products and services offered through its web page. In any case, the Data Controller guarantees the customer that the price indicated at the time of order formalization cannot undergo subsequent changes. To proceed with an order it is necessary to connect to the Site, select the desired product and then fill in the electronic form, following the instructions indicated in the same.
Once the purchase is concluded, the User will automatically access a confirmation page and receive an email containing all the specifications of the product purchased with the related order number. The products will be sent to the sending address provided by the User in the delivery data form. Shipping costs will be specified and legible. The User acknowledges and accepts that by finalizing the purchase, he gives his express consent for the Owner to provide his data to the company in charge of delivering the purchased product. Generally the products are shipped within 5 working days from the completion of the order. In any case, the Data Controller undertakes to deliver the goods to the User without delay and at the latest within thirty days from the date of conclusion of the contract as required by art 61 of the Consumer Code.
Shipping costs are calculated from time to time depending on the destination and the total weight of the products purchased. Shipping costs can be reduced to zero when certain spending thresholds are reached. The products will be shipped by Express Courier, GLS or UPS depending on the type of product and the total weight of the package
The form of payment is by credit card (Mastercard, Visa, American Expres, Diners Club), bank transfer, cash on delivery or Paypal. In the event that the TPV communicates the refusal of the card, the purchase order will be automatically canceled, informing the customer online of the aforementioned cancellation. Likewise, in case of non-receipt of the transfer after 5 working days from the order registration, the purchase order will be automatically canceled, informing the customer of the aforementioned cancellation online. For payments made with foreign cards, the Bank that issued them must comply with the Safe Electronic Commerce Safety Protocol (CES). Payments with cards that do not meet this requirement are not allowed. The communication that the User will receive by email once the purchase is confirmed is valid as proof of the purchase made and for the purposes of the manufacturer's warranty. Despite this, an invoice may be requested, during and not beyond, the purchase process indicating the data that will be required for its issue. The User acknowledges and expressly accepts that once the purchase process is complete, it will not be possible to request the issuance of the invoice.
Pursuant to and for the purposes of art. 52 of the Consumer Code, the User has the right to withdraw from the contract within 14 days from the moment of delivery of the goods, under penalty of forfeiture. The withdrawal period expires after 14 days from day 1. To exercise the right of withdrawal, the User is required to inform the Owner of his decision to withdraw from this contract by means of an explicit declaration by email at [email protected]. To comply with the withdrawal deadline, it is sufficient for the User to send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period. If the User withdraws from this contract, the Data Controller will refund the User for all the payments that he has made to the Data Controller, including the delivery costs (with the exception of the additional costs deriving from the possible choice of the User of a type of delivery different from the less expensive type of standard delivery offered by the Owner), without undue delay and in any case no later than 14 days from the day on which the Owner was informed of the User's decision to withdraw from this contract. These refunds will be made using the same means of payment to be used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the Data Controller guarantees that the User will not incur any costs as a consequence of this refund. The refund can be suspended until the goods are received or until the consumer has demonstrated that he has sent the goods back, if previous. If the User withdraws from this contract, the same is required to return the goods to the professional, without undue delay and in any case within 14 days from the date on which he communicated to the Owner his decision to withdraw. The deadline is met if the User returns the goods before the expiry of the 14-day period to the address Via Dell'Artigianato 23, 31050, Vedelago (TV), Italy. The User expressly recognizes and accepts that the integrity of the goods to be returned is an essential condition for exercising the right of withdrawal. In any case, the User is responsible for the decrease in the value of the goods resulting from a manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. In no case, goods made to measure and clearly personalized will be subject to the right of withdrawal.
Pursuant to articles 130 et seq. of the Consumer Code, the Owner is responsible for any lack of conformity existing at the time of delivery of the goods, provided that the defect occurs within two years of delivery of the goods. Within this peremptory term, the User has the right to request the restoration, without charge, of the conformity of the goods by repair or replacement or the adequate reduction of the price or the termination of the contract. The consumer can ask the seller, at his option, to repair or replace the goods, without charge in both cases, unless the remedy requested is objectively impossible or excessively expensive compared to the other. The report of non-conformity of the goods must necessarily arrive within the peremptory term of 2 years from the delivery of the goods. The User lapses from the warranty if he does not report the lack of conformity to the Owner within two months from the date on which he discovered the defect.
The consumer residing in Europe must be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to settle any dispute relating to and/or deriving from contracts for the sale of goods and services entered into online. Consequently, if the User is a European citizen, he can use this platform for the resolution of any dispute arising from the online contract entered into with the Owner. The platform is available at the following link (https://ec.europa.eu/consumers/odr/). The Data Controller is available to answer any questions sent by email to the email address [email protected]4m-shop.comt.