Terms of service
General Terms and Conditions of Sale, effective from 30/01/2023.
This information is provided for the site https://www.risvolto.com/ (Site).
Data of the Seller: Macciocu S.r.l., Via Cavour 37 - 07100 Sassari (SS) Italy, Chamber of Commerce of Sassari, VAT no. 019898908, Email: email@example.com; Telephone: +39 079 6019026 (Seller).
Art. 1 Scope of Application
1.1 The General Conditions of Sale apply to all sales made by the Seller on the Site.
1.2 If the Site makes it possible, entering your tax code when making a purchase implies that you are acting as a Consumer pursuant to Article 3, paragraph I, letter a) of the Consumer Code (Legislative Decree No. 206 of 6 September 2005). Please note that the status of Consumer is held by the natural person acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out. If, on the other hand, it is given the option of entering a VAT number (his own or that of a legal person), this implies a purchase in the capacity of 'Professional', within the meaning of Article 3(I)(c) of the Consumer Code. A natural person or legal entity acting in the exercise of its entrepreneurial, commercial, handicraft or professional activity, or an intermediary thereof, has the capacity of Professional. The implications of purchasing in the capacity of Consumer rather than Professional will be described later in this document.
1.3 The terms indicated are working days, i.e. excluding Saturdays, Sundays and national holidays. Images and descriptions on the Site are to be understood as purely indicative. Colours may differ from the real ones due to the settings of the computer systems or computers used by you to view them.
1.4 The General Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions will be in force from the moment they are published on the Site. You are therefore invited to access the Site regularly and consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.
1.5 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.
1.6 These General Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Site through links, banners or other hypertext links.
1.7 Before entering into commercial transactions with such parties, it is necessary to check their terms and conditions of sale.
1.8 The Seller is not responsible for the provision of services and/or the sale of products by such parties.
1.9 On the websites that can be consulted via such links the Seller does not carry out any control and/or monitoring. The Seller is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of law on the part of the same.
1.10 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site, including during the purchase process.
1.11 In no event shall the Seller be liable to you or any third party for any indirect, incidental, special or consequential damages. This includes, without limitation, any loss of income or other indirect loss resulting from the use of the Site or the inability to use it. Seller makes no warranty or representation: (i) that the Site is free of viruses or programs that may corrupt data; (ii) that the information contained on the Site is accurate, complete and current.
1.12 Unless otherwise agreed with the Seller, orders cannot be placed on the Site by email. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.
1.13 The whole of any element of the Site is the property of the Seller or of third parties. Unless specifically authorised in writing by the Seller, it is prohibited to reproduce, in whole or in part and by any process, distribute, publish, transmit, modify or sell all or part of the content of the Site.
Art. 2 Purchases on the Site
2.1 To make purchases on the Site it is necessary to follow the procedure on the Site itself, entering the data requested from time to time. The contract of sale is concluded when the order reaches the Seller's server.
2.2 You undertake to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of any information you have entered on the Site.
2.3 You warrant that the personal information you provide is complete and truthful and you agree to indemnify and hold the Seller harmless from and against any and all damages, liabilities and/or penalties arising out of and/or in any way connected with the breach of this undertaking. You agree to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of your Site access credentials.
2.4 The Vendor reserves the right to refuse orders from users who have previously breached these General Terms and Conditions of Sale or any regulatory provisions.
2.5 Placing orders on the Site does not require acceptance of these General Terms and Conditions of Sale. In any event, sending the purchase order constitutes acceptance of this document.
2.6 The Seller is the sole counterparty of the user that intends to purchase one or more products through the Site and is therefore (i) the subject to which the user addresses his order, in order to accept the offer and conclude the sales contract; (ii) the subject that assumes the pre-contractual obligations deriving from the offer towards the user; (iii) the subject that concludes the sales contract with the user, assuming the relative obligations and rights. The purchase contract concluded through the Site is therefore concluded between the user and the Seller.
2.7 On the Site and in communications with customers relating to the Site, the Seller reserves the right to act under its own trade mark. Therefore, when the Seller's trade mark or the first person plural ("We") is used on the Site and/or in communications with customers relating to the Site, the reference is to the Seller as well as to the Site.
2.8 The Seller makes no warranty that the Site will be continuously functional and operational. In fact, updates to the CMS platform may occur which may imply a temporary suspension of the service. The Seller assumes no liability whatsoever with regard to any type of prejudice or damage that the user may suffer as a result of this circumstance.
2.9 Following your purchase, you will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) the Seller's data; (ii) the characteristics of the Product purchased; (iii) the purchase price and any taxes; (iv) any additional cost; (v) the right of withdrawal or its exclusion; (vi) the shipping address; (vii) the means of payment used.
2.10 The colours of the Products on the Site are indicative and may depend on the resolution of the device used by the user. The Seller accepts no liability if the colour of the Product differs from that expected by the user. The user is invited to contact the Seller in case of doubts on the colour of one or more Products present on the Site.
Art. 3 Availability of the Products
3.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.
3.2 Information on Product availability is available on the Site. The availability of the Products is continuously monitored and updated. However, since the Site may be visited by several users at the same time, it may happen that several users purchase the same Product at the same time. In such cases, therefore, the Product may be available for a short period of time, but it may be out of stock or not immediately available and it may be necessary to wait for restocking.
3.3 You shall be informed in the event of unavailability of the ordered Product. In this case, you shall be entitled to terminate the purchase contract. However, please note that before terminating the contract, the Seller reserves the right to implement these measures:
If re-stocking is possible, an extension of the delivery period, offered by the Seller, stating the new delivery period.
The Seller shall offer a discount voucher to be spent on purchases on the Site. The amount of the discount voucher, the term within which it can be used and any limitations shall be communicated by the Seller from time to time.
3.4 In the event that you request a refund of the amount paid for the purchase of Products that are later found to be unavailable, the Seller shall make the refund within a maximum period of 10 days.
3.5 In the event that you make use of the right of termination, the contract is terminated. In the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if any, and any other additional costs, as resulting from the order (Total Amount Due) has already been made, the Seller shall refund the Total Amount Due in accordance with the provisions of the article "Payment Methods" below.
Art. 4 Prices
4.1 On the Site, prices include VAT.
4.2 Furthermore, on the Site, prices do not include the WEEE contribution as Products not subject to the relative regulations are sold.
4.3 The Seller reserves the right to change the price of the Products, at any time, without prior notice, it being understood that the price charged to you will be the one indicated on the Site at the time the order is placed and that any variations (upward or downward) following the transmission of the order will not be taken into account.
4.4 Whether or not the shipping costs of the Products are free of charge is indicated from time to time (in the purchase procedure, in the product sheet or in any case on the Site itself).
4.5 The Seller will ship the Products only after receiving confirmation of the payment authorisation or after the crediting of the Total Amount Due. Title to the Products will pass to you upon dispatch, which shall be deemed to be the time of delivery of the Product to the carrier. The risk of loss of or damage to the Products, due to causes not attributable to the Seller, on the other hand, shall be transferred to you when you, or a third party designated by you and different from the carrier, take physical possession of the Products.
4.6 The purchase contract is terminably conditional on non-payment of the Total Amount Due. Unless otherwise agreed with you in writing, the order shall be cancelled accordingly.
4.7 If there is an error in the price of the Product indicated on the Site, the Seller reserves the right to inform the customer of the correct price even after the purchase order has been concluded. In this scenario, the customer may either accept the new price or cancel the purchase contract. The Seller may also cancel the Product purchase agreement in such cases. The Seller may also cancel the sale if there is an error in the availability of the Product.
Art. 5 Terms of Payment
5.1 This article describes the payment methods available on the Site. You may in any case contact the Seller for further information.
5.2 On the Site, you may purchase using payment cards. The debit will only be made after (i) the details of your payment card used for payment have been verified and (ii) the issuer of the payment card used by you has issued the debit authorisation. In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), you are informed that you may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution in charge of handling the online payment transaction. The authentication criteria refer to the user's identity (in order to meet this criterion, the user must be registered on the Site at the time of the purchase transaction) and the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the procedure described above may make it impossible to finalise the purchase on the Site. The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment provider without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products. The payment cards accepted can be displayed in the footer of the Site and/or within the purchase process.
5.3 On the Site it is not possible to pay by bank transfer.
5.4 It is possible to pay on the Site by cash on delivery. This means of payment may be subject to an additional cost, indicated on the Site from time to time during the purchase process. C.O.D. may be limited to orders exceeding a certain amount: in this case the Seller shall give appropriate notice on the Site or within the purchase procedure.
5.5 If the value of the discount code is less than that of the order, the remaining amount may be completed according to the payment methods provided on the Site. Each discount code can only be used for one purchase. Under no circumstances may discount vouchers be converted into money.
5.6 Any alternative methods other than those indicated above are or will be described herein.
Purchases can also be made on the Site using the PayPal payment solution. If you choose PayPal as the payment method, you will be redirected to the site www.paypal.it where you will make the payment according to the procedure provided for and regulated by PayPal and the terms and conditions agreed between you and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected to such account.
On the Site you can also purchase Products using the service offered by Scalapay. Should you decide to use this service, you may pay for the Product in 3 instalments (or in the different number eventually indicated on the Site) without interest. In addition to these terms and conditions of sale, the terms and conditions of use of Scalapay apply, which we invite you to review by accessing www.scalapay.com.
You can also make purchases on the Site using Klarna's instalment payment solution. The first payment is charged at the time the order is dispatched and/or at the time the purchase contract is concluded, and subsequent payments are charged every 30 days from the first charge, unless otherwise specified on the Site or by the payment service provider (Klarna). If you choose Klarna as your means of payment, you will be redirected to www.klarna.com where you will follow the procedure set out and governed by Klarna and the terms and conditions agreed between you and Klarna. Data entered on Klarna's website will be processed directly by Klarna and will not be transmitted or shared with the Seller.
Art. 6 Delivery of the Products
6.1 The delivery of the Products is expected in: Europe, United Kingdom, United States You can read more information by accessing the "Shipping" section on the Site. The user can access this section directly from the footer of the Site. In the event of any inconsistency between what is stated herein and what is described in the Shipping section, the latter section shall prevail.
6.2 The delivery obligation is fulfilled by transferring the material availability or otherwise the control of the Product to you.
6.3 Delivery time for Products from the dispatch of the order: 7 days.
6.4 The term indicated in art. 6.3 is to be understood as indicative and not peremptory. The Seller therefore reserves the right to deliver the Products within the term of 30 days from the sending of the order. It is up to you to check the condition of the Product delivered. Without prejudice to the fact that the risk of loss of or damage to the Product, for causes not attributable to the Seller, is transferred when you, or a third party designated by you and different from the carrier, materially take possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, undamaged, not wet or in any case altered, including the sealing materials, and you are invited, in your interest, to indicate on the carrier's transport document, any anomalies, accepting the package with reserve. In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller.
6.5 With reference to the possibility of requesting the delivery of the Products at a "pick-up point", the Seller informs you that the Site does not offer the possibility of collecting the Product at a "pick-up point" other than the address that you communicated during the purchase process. You are nevertheless invited to regularly access the Site to check whether this delivery option is subsequently made available on the Site.
6.6 You acknowledge that collecting the Product is your specific obligation. In the event of failure to collect the Product, the Seller reserves the right to terminate the purchase contract and to claim compensation for any damage suffered as a result of the failure to collect the Product.
Art. 7 Right of Withdrawal
7.1 The User is invited to carefully read this Article, which governs the right of withdrawal.
7.2 The right of withdrawal is the Consumer's right to dissolve the purchase contract without being obliged to provide a reason. If you purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are set out in this Article 7. If there are no exceptions to the right of withdrawal, this Article 7 applies in full.
On the occasion of subsequent purchases, you are invited to review this Article to check whether there are any exclusions to the right of withdrawal.
7.3 If you are a Consumer (and in the event that the exceptions provided for in this article do not apply), you are entitled to withdraw from the Product purchase contract without having to provide any reasons and without incurring any costs other than those provided for in this article within a period of fourteen calendar days (Withdrawal Period). To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw. For this purpose, you may write to the Seller at the contact details indicated in the Foreword, or use the contact form that may be present on the Site. You have exercised your right of withdrawal within the Withdrawal Period if the communication concerning the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. Unless otherwise agreed, the direct costs of returning the Products shall be borne by the Consumer, as well as the responsibility for the transport of the same. In case of exercising the right of withdrawal, the Product shall be delivered at the Seller's premises, or at the different address communicated by the Seller. The Withdrawal Period expires after 14 days:
in the case of an order for a single Product, from the day on which you or a third party other than the carrier and designated by you acquires physical possession of the Products;
in the case of a Multiple Order with separate deliveries, from the day on which you or a third party other than the carrier and designated by you takes physical possession of the last Product; or
in the case of an order for the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party other than the carrier and nominated by you acquires physical possession of the last lot or piece.
7.4 If withdrawal is applicable, the Seller shall proceed to refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any event no later than 14 calendar days from the day on which the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that the Products have been shipped using a carrier of the Consumer's choice and at the Consumer's expense, the Seller may suspend the refund until receipt of the Products or until the Consumer proves that he has returned the Products, whichever is earlier. The Consumer shall only be liable for any diminution in the value of the goods resulting from any handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product shall in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, complete with all accessories and illustrative sheets, with the identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and without signs of wear or dirt. Moreover, withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product. In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from a handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to this decrease in value. The Seller shall give notice of this circumstance and of the resulting decrease in the refund amount, providing, in the event that the refund has already been paid, the bank details for payment of the amount owed by the user due to the decrease in the value of the Product. In the event that the right of withdrawal is not exercised in accordance with applicable law, it shall not result in the termination of the contract and, consequently, shall not entitle the Customer to any refund.
If the right of withdrawal exists, the Products must be returned to the address indicated in the "Seller's Data" section in the Introduction.
7.5 This Article regulates a very important area concerning return costs in the event of withdrawal.
In light of the above, the Seller deems it appropriate to point out to you that the costs of returning the Product will be at your charge and under your responsibility.
Art. 8 Legal Warranty of Conformity
8.1 The Legal Guarantee of Conformity is reserved for the Consumer. It therefore only applies to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out.
8.2 The Seller shall be liable to the Consumer for any lack of conformity of the Product that becomes apparent within two years from said delivery. Any action to assert defects that have not been fraudulently concealed by the Seller shall be time-barred, in any case, within twenty-six months from delivery of the goods.
8.3 Unless proven otherwise, it shall be assumed that defects of conformity that become apparent within twelve months after delivery of the Product already existed on that date, unless such assumption is incompatible with the nature of the Product or the nature of the defect of conformity. From the twelfth month following delivery of the Product, it shall instead be the Consumer's burden to prove that the conformity defect already existed at the time of delivery of the Product.
8.4 In the event of a lack of conformity' of the goods, the Purchaser shall be entitled to have the conformity of the goods restored, or to receive a proportional reduction in the price, or to terminate the contract on the basis of the conditions established in Article 135-bis et seq. of the Consumer Code.
8.5 The Seller shall not be liable in the event of damage, of any nature whatsoever, resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer, as well as in the event of damage resulting from unforeseeable circumstances or force majeure.
8.6 If you made the purchase as a Professional, the preceding paragraphs of this article do not apply. In this case, the legal guarantee is governed by Art. 1490 et seq. of the Civil Code; in particular, the term for reporting any defects is 8 days from discovery and the action is prescribed in 1 year from delivery.
Art. 9 Manufacturer's Guarantee
The Manufacturer's Warranty is an additional warranty to the Legal Warranty of Conformity eventually provided by the Seller on the Products. Except as may be indicated on the Site, the Products sold on the Site are not covered by the Manufacturer's Warranty. You may in any case assert your rights under the Legal Guarantee of Conformity governed by the previous article.
Art. 10 Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution
10.1 Purchase contracts concluded through the Site are governed by Italian law.
10.2 The application to consumer users who do not have their habitual residence in Italy shall be subject to any more favourable and mandatory provisions of the law of the country in which they have their habitual residence. Please note that in the case of consumer users, the court of the place where the user resides or has elected domicile shall be competent for any dispute relating to the application, execution and interpretation of this document. In the case of professional users, for any dispute relating to the application, execution and interpretation of this document, the competent Court shall be the Court of the place where the Seller has its headquarters, pursuant to the provisions set forth in the Introduction.
10.3 The Seller informs the user who is a Consumer that, in the event that he or she has submitted a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arising, the Seller shall provide information on the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded on the basis of these General Sales Conditions (ADR bodies), specifying whether or not it intends to use such bodies to resolve the dispute.
10.4 The Seller also informs you as a Consumer that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at http://ec.europa.eu/consumers/odr. Through the ODR platform, the consumer user can consult the list of ADR entities, find the link to the website of each of them and initiate an online dispute resolution procedure for the dispute in which he/she is involved.
10.5 The right of the consumer user to bring any dispute arising from these General Terms and Conditions of Sale before the competent ordinary court of law, whatever the outcome of the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures set forth in Part V, Title II-bis of the Consumer Code, shall remain unaffected.
Users residing in a member state of the European Union other than Italy may also have access, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, to the European procedure established for small claims, by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interests, fees and expenses, Euro 5,000.00. The text of the Rules can be found at http://www.eur-lex.europa.eu.
Art. 11 Customer Service
11.1 It is possible to ask for information, send communications, request assistance or forward complaints by contacting the Seller at the addresses indicated in the Preamble, or by using the contact form that may be present on the Site.
11.2 The Seller shall reply in an approximate time of 4 days.
Art. 12 Miscellaneous
12.1 This document fully governs the relationship between you and the Seller. In any case, the rights and obligations provided for by the law applicable from time to time shall remain unaffected.
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