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. In the event that the User requests that the shipment be delivered to a person other than the person who made the purchase, or that the package is left in unattended places or delivered without the User's signature certifying delivery to courier, the Owner is in no case responsible for any theft or disappearance, total or partial, of the material delivered.
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.
Shipping is free for orders over 460€, except for the following countries: UK, Liechtenstein, Finland and Switzerland.
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 Article 52 of the Consumer Code, the User has the right to withdraw from the contract within 14 days 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 must inform the Owner of their decision to withdraw from this contract by means of an explicit statement sent by email to [email protected]. To comply with the withdrawal period, 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 Owner will refund the User all payments made to the Owner, including delivery costs (with the exception of additional costs arising from the User's choice of a type of delivery other than the least expensive 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. Such refunds will be made using the same means of payment used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any case, the Owner guarantees that the User will not incur any costs as a result of such refund. The refund may be suspended until the goods are received or until the consumer has demonstrated that he has returned the goods, whichever is earlier. If the User withdraws from this contract, he 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 his decision to withdraw to the Owner. 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 shall bear the direct cost of returning the goods. The User expressly acknowledges 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 any decrease in the value of the goods resulting from handling the goods in a manner other than that necessary to establish the nature, characteristics and functioning of the goods. Under no circumstances may custom-made and clearly personalised goods be subject to the right of withdrawal.
Pursuant to Articles 130 et seq. of the Consumer Code, the Owner is liable for any lack of conformity existing at the time of delivery of the goods, provided that the defect becomes apparent within two years of delivery of the goods. Within this mandatory period, the User has the right to request the restoration, free of charge, of the conformity of the goods by repair or replacement, or an appropriate price reduction or termination of the contract. The consumer may, at his or her discretion, ask the seller to repair the goods or replace them, free of charge in both cases, unless the remedy requested is objectively impossible or excessively burdensome compared to the other.
The complaint of non-conformity of the goods must be received within the mandatory period of two years from delivery of the goods. The User forfeits the warranty if he/she does not report the lack of conformity to the Owner within two months of the date on which he/she discovered the defect.
In the event of an accident, i.e. receipt of a damaged or unusable item at the time of delivery, the User is required to report the damage no later than 8 (eight) calendar days from the date of receipt of the goods, in order to activate the insurance procedure. After this period, it will no longer be possible to report the accident or activate any refund or replacement at the expense of the Owner.
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]t.
