PRE-CONTRACTUAL INFORMATION FOR THE CONSUMER - ART. 49 OF LEGISLATIVE DECREE 206/2005
Before concluding the purchase contract, the COSTUMER examines the characteristics of the goods that the individual product sheets at the time of the CUSTOMER's choice.
Before the conclusion of the purchase contract and before the validation of the order with "payment onligation", the CUSTOMER is informed about:
- total price of the goods including taxes, with details of shipping costs and any other costs;
- terms of payment;
- the term within which Caneva 937 undertakes to deliver the goods;
- conditions, terms and procedures for exercising the right of withdrawal;
- as well as the withdrawal from referred to in Annex I, part B of legislative decree 21/2014 (not mandatory);
- information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
- existence of the legal guarantee of conformity for the purchased goods;
The CUSTOMER may at any time and any case before the conclusion of the contract, take note of the information relating Caneva937, the geographical address, telephone and fax number, e-mail address, information that is reported, also below:
Corso Matteotti 14/16
ART. 1. DEFINITION AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
1.1. - These General Conditions of Sale (GCS) regulate the purchase, by electronic means of by telephone, ofe the goods hereinafter "Products")presented on the website www.caneva937.com(hereinafter "Site"), between companymagaging the site itself, Caneva 937 with registered office in Arzignano Corso Matteotti 3 – REA Economic and administrative directory VAT number 02974890242, email: email@example.com (hereinafter referred to as “Caneva 937”),and its unsers/ customers (hereinafter “Customers”), such as natural or legal person acting in the exercise of their businness or professional activity, or their intermediaries, constituing an integral and substantial part of each contract for the sale of products by the Company to the Costumer, unless otherwise specified in writing between the parties.
1.2. – The company reserves the right to make any changes and additions that are deemed validly notified, becoming effective immediately, from the day of publication on the website (hereinafter the site) where they can be found and knowby the Customer using ordinary diligence.
1.3. - They become fully effective between the parties and areintended to be unconditionally ad fully accepted at the time the purchase ordes is placed, without this acceptance being conditioned by a handwritted signature by the Customer.
1.4 -In the order confirmation e-mail, the CUSTOMER will find the link to these general conditions of sale, as required by art. paragraph of Legislative Decree 206/2005, amended by Legislative Decree 21/2014
ART. 2: ORDERS
2.1 - Orders can be placed by phone at +39 0984 39 25 90 or via the Internet, exclusively on the website www.caneva937.com managed by the company. Access to the service is permanent and continuous, except during maintenance periods, during server update operations and/or in the evnt of any service interruptions on the network. The procedure involves the explicit acceptance of these GCS, or through the signing of specific written agreements.
2.2 – Regarding the nature and date of the order, the e-mail messages as well as the automatic registration systems or contractual forms used on the Site are valid.
2.3 – The Customer is responsinle for the use of the credentials (UseID and Password) assigned to him at the time of his registration as well as for the orders requested through these codes and this regardless of any fraudulent use of the same.
2.4 -The Customer is obliged to promptly notify any change in the registered office ar domicile indicated in the registration phase, failing which, the notifications made to the address indicated during registration will be considered affectively and validly carried out.
2.5 - Purchase orders are irrevocable; any requests from the Customer to change an order will be considered only if received by the company, in writing, at least 24 hours before shipment and will be considered accepted only through a new order confirmation.
2.6 - Any right of the Customer to compensation , as well as any contractual or extra-contractual liability of the Company for direct or indirect damages possibly caused by the non-acceptance, even partial, of an order is excluded.
2.7 - After making the payment, the Customer will receive an email containing the information relating to the order. The confirmation times for payment received are not fixed and therefore the sending of the confirmation email may be subject to delays, with respect to which Cameva 937 declines from now on any responsibility.
2.8 - Caneva 937 reserves the right to cancel or refuse any order received from a customer with whom there is a dispute regarding the balance of a previous invoice.
ART. 3 - CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The Purchase Agreement will be concluded between Caneva 937 and the Customer upon receipt of the Order by Caneva 937. In this case Caneva 937 will acknowledge receipt of the order by sending an e-mail of order confirmation to the e-mail address supplied by the Customer. This Confirmation will summarize the Products selected by the customer, theis prices (including delivery costs), the address for delivery, the order number, the General Conditions of Sale provided therein.
The CUSTOMER undertakes to veridy the correctness of the personal data contained therein and to promptly notify the seller of any corrections.
Caneva 937 undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, innacuracies or small differences between the site and the actual product may emerge. Furthermore, the photographs of the product presented on the site do not constitute a contractual element, as they are only representative.
ART. 4: PRICES
4.1 -The sale price indicated on the site is expressed in euros and is considered VAT included, exceot where specified. The prices showm do not include other ancillary costs, transport costs, insurance, taxes and ad any other ancillary expences, of any kind or nature, not expressly indicated, remain the responsibility of the Customer. For completeness of information, customers, in the product details, will find, in addition to the price expressed in euros, also the VAT amount.
4.2 -Caneva 937 declines any respondability in case of errors or innacuracies deriving from the currency conversion tool used, and cannot be held responsible in the event of any differences between the estimated total of the order and the price show on the invoice.
4.3 - Caneva 937 also reserves the right to change the prices of its products and nevertheless undertakes to apply to the customers the rates that they found on the site at the time of the order.
ART. 5: CONFIRM
5.1 - By submitting his order, the Customer declares to have read and accepted these general conditions. The order condirmation must therefore be considered as a full acceptance of these General Conditions.
Unless proven otherwise, the information recorded by Caneva 937 constitutes proof of all transactions.
ART. 6: AVAILABILITY
6.1 - Our product offers, and the prices relating thereto, are valid as long as they remain visible on the site. The estimated data transmission times for the transfer of a product are purely indicative; therefor any delays will not autorize the buyer to cancel the sale, refuse the good and / or claim compensation for any and unspecified damages. In the event of non-compliance and / or missing elements upon delivery of a product, any complaints must be forwarded no later than 7 (seven) days after receipt of the product.
Orders will be filled within the limit of stock availability. In the event that a product becomes unavailable after receiving the order, Caneva 937 undertakes to promptly inform the customer by email or by ordinary mail.
ART. 7: PAYMENTS
Any payment by the CUSTOMER can only be made in the manner indicated below:
7.1 - Payment by credit card, prepaid cards and PayPal.
The site, for payments by credit cards, uses the PayPal gateway through which you can pay with Visa, Visa Electron, MasterCard, Discover, American Express, Carta Aura, Postepay or PayPal prepaid card. After confirming the order details, the PayPal login page will open to access your Paypal account or enter your card details and complete the payment.
This method of payment provides an additional cost of 4% of the total order.
7.2 - Bank transfer
The payment of what has been purchased can also be made by bank transfer upon notification of the desire to use this payment method by selecting at the time of the order.
Payment by bank transfer can be made to the following current account:
Account holder: Caneva 937
Reason: no. order
The reason to be reported on the bank transfer must indicate the ORDER NUMBER, generated during the purchase procedure; the goods will be shipped only when the amount has been credited. After 10 consecutive calendar days from the affective availability of the requested securities, if the amount of the order has not yet been credited, the Company reserves the right to cancel the order in question.
The goods will be shipped only when the amount has been credited. After 10 consecutive calendar days from the affective availability of the requested securities, if the amount of the order has not yet been credited, the Company reserves the right to cancel the order in question.
ART. 8: SHIPMENTS
8.1 - The delivery of the Products purchased on the Site is carried out in Italy to the shipping address indicated by the Customer in the order form. Instead of having the purchased Product delivered to a shipping address, the Customer can however choose to collect it at the Caneva 937 Point of Sale, in Corso Matteotti 3, 36071 Arzignano, at no additional cost.
8.2 - At the time of shipment, an email confirming delivery to the carrier will be sent to the user which will also contain the link containing the tracking number through which the Customer can check the status of the shipment or on the Site in section I my orders or by accessing through the link in the shipping notification email ("Shipping Notice").
8.3 - Different delivery methods are made available to the Customer and for each of them the delivery terms and related costs or calculation methods are indicated in the Product Sheet. An additional cost may be required for delivery in some areas. This cost will also be specifically indicated via a link accessible from the Product Sheet.
8.4 - Delivery is charged to the customer and based on the rates indicated.
8.5 - The delivery obligation is fulfilled by transferring the material availability or in any case the control of the Products to the user. Delivery is to street level and will be made, unless otherwise indicated, from Monday to Friday during normal office hours (from 9 to 18), excluding national holidays. Unless otherwise specified, delivery times vary between 2 and 5 working days.
ART. 9: FORFEITURE OF TERM - TERMINATION OF THE SUPPLY CONTRACT - RESERVE OF TITLE
9.1 - The Company can immediately demand the performance due although the deadline for making the payment is established in favor of the debtor, if he has become insolvent or has reduced or has not given, for his own sake, the guarantees he had promised; the forfeiture of the benefit of the term is determined immediately without the need for a prior warning even in the case of non-payment of a single installment at the agreed deadlines, legitimizing the Company to demand immediate payment of the entire residual credit.
9.2 - If protests of checks and bills are raised against the Customer or enforcement procedures of arrangement with creditors or bankruptcy are promoted, the Company reserves the right to unilaterally terminate the contract by notifying the Customer.
9.3 - The Company retains ownership of the materials supplied until the full balance of the supply and therefore the buyer may not sell them, pledge them, or transfer them elsewhere; if the contract is terminated due to customer default, the advances are acquired by the Company by way of indemnity, subject to the provisions of Article 1526 of the Civil Code.
ART. 10: RIGHT OF WITHDRAWAL
If the Customer is a "Consumer", as defined in Article 3 of the Consumer Code, he is entitled to the rights referred to in Articles 52 et seq. of the Consumer Code, as amended by Legislative Decree 21/02/2014 n.21, and therefore the right to withdraw from the Purchase Agreement (hereinafter "Right of Withdrawal") for any reason, without explanation and without any penalty, in the manner specified below.
The Withdrawal may concern all (Total Withdrawal) or only part (Partial Withdrawal) of the Products purchased by the Consumer.
The Withdrawal period expires after 7 (seven) days from the day on which the Consumer or a third party, other than the Carrier and designated by the Consumer, acquires physical possession of the Products.
The right of withdrawal is exercised by sending - before the expiry of the withdrawal period as indicated above - a notice of withdrawal by registered letter with return receipt addressed to:
Corso Matteotti 14/16, 36071 Arzignano
The Withdrawal Notice must specify the will to withdraw from the Purchase and the Product (s) for which the right of Withdrawal is to be exercised.
The Return of the Product (s) must take place within 7 (seven) days from the date on which the Consumer communicated his decision to withdraw pursuant to art. 52 of the Consumer Code just mentioned. This deadline will be respected if the Consumer returns or returns the Product (s) subject to Withdrawal before the expiry of the 7 days.
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.) and complete with the attached tax documentation.
The goods must be returned to Caneva 937 Srl at Corso Matteotti 14/16, 36071 Arzignano. The direct costs (shipping costs) of returning the products are charged to the CUSTOMER.
As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, Caneva 937 may suspend the reimbursement until receipt of the goods or until the CUSTOMER demonstrates that he has returned the goods to Caneva 937.
Caneva 937 will reimburse using the same payment method chosen by the CUSTOMER during the purchase. In the event of payment by cash on delivery Caneva 937 will undertake to contact the customer and agree on the reimbursement methods.
ART. 11: PRODUCTS - COMPLIANCE - LIABILITY
11.1 - The products supplied comply with the technical and functional specifications indicated by the manufacturer in the relative explanatory documentation attached to the product and / or reported in the relative technical data sheet on the Site.
11.2 - With the order, the Customer assumes responsibility for compliance with the law and safety regulations relating to the use of the products purchased; any liability of the Company is excluded for any and all direct or indirect damage caused to persons or property by the use of the products supplied, even in the event of failure or insufficient operation.
11.3 - Caneva 937 cannot be held responsible for the consequences resulting from the Customer's misuse of the products sold on the Site.
11.4 - This agreement is governed by Italian law. Caneva 937 cannot be held responsible for the failure to execute a contract already concluded in the event of force majeure, or the occurrence of events of particular gravity and / or in the event of strikes, total and / or partial, of postal services and means of transport and / or communication, nor in case of customer fault.
ART. 12: WARRANTY - LIMITS - COMPLAINTS
12.1 The 24-month warranty pursuant to Legislative Decree 24/02 applies to products that present a lack of conformity, provided that the product itself is used correctly, in compliance with its intended use and as provided in the attached technical documentation. This guarantee is reserved for the private consumer (a natural person who purchases the goods for purposes not related to his professional activity, or makes the purchase without indicating a VAT number in the order form).
12.2 - The Company reserves the right, at its sole discretion, to replace or repair defective products, with the exclusion of any other form of reimbursement or compensation; It is not allowed to replace or repair under warranty, of goods that have defects, alterations, tampering, breakages or defects attributable to the incorrect use of the good itself, to unauthorized repairs, to inexperience, negligence or imprudence in use.
12.3 - In any case, the transport costs and charges arising from the initiation of the procedure are the sole responsibility of the Customer.
12.4 - With the acceptance of these General Conditions of Sale, the Customer, who acts for purposes falling within the business and / or professional activity carried out, expressly renounces to act in recourse, pursuant to art. 131 of Legislative Decree 206/2005 - Consumer Code - against the Company in the event of disputes raised by the end user, by other sellers belonging to the same contractual chain or by other intermediaries.
12.5- With regard to product damage, the Company, as distributor, is released from all liability, none excluded and excepted, indicating the name of the manufacturer.
The information transmitted by the Customers is essential to process and forward the orders received, as well as to the drafting of invoices and warranty contracts, the absence of which would result in the nullity of the order.
To exercise this right it will be sufficient to send a written request by registered letter to:
Corso Matteotti 14/16
In particular, the Customer, with the acceptance of these general conditions of contract, expresses consent to the processing of personal data by the Company and / or companies affiliated with it for the sending of newsletters and / or promotional information, including related telematic ones. to the activity as well as the consent to the storage of data after the deadline for the purposes provided for by law.
The processing, storage and transmission of personal data takes place with the observance of every precautionary measure, which guarantees its security and confidentiality, for the sole purpose of being able to effectively fulfill the obligations established by the law, civil and fiscal regulations connected to the economic activity of the company including the management of receipts and payments deriving from the execution of contracts.
Caneva 937's website is particularly attentive to customer needs. For this reason, our system uses so-called "cookies", small text files that have the purpose of signaling the passage of Users on the site.
These cookies are used by Caneva 937 for the sole purpose of improving and personalizing the services offered.
ART. 14: DISPUTES
14.1 - ONLINE DISPUTE RESOLUTION
To solve the problems of online consumers in a fair and effective way, without going to court
If you have problems with products or services purchased online, you can use the platform made available by the European Commission to file a complaint and find a solution from an independent dispute resolution body.
For disputes that may arise regarding the execution of the sales contract governed by these General Conditions of Sale, the interpretation of the same and any dispute relating to the contractual relationship, the court indicated by the customer will be competent.
APPLICABLE LAW AND PROTECTION OF RIGHTS
These general terms and conditions of sale are governed by Italian law and in particular by the Italian Legislative Decree of September 6, 2005, No. 206 (and its recent amendments pursuant to Legislative Decree No. 21 of February 21, 2014 which entered into force on June 13 2014) on distance contracts and by the Italian legislative decree of 9 April 2003 the n ° 70 for the aspects relating to electronic commerce.
The Consumer CUSTOMER, pursuant to Articles 140 and 141 of the Consumer Code, has the right to act to protect his interests through a consumer association or to promote an out-of-court settlement attempt for the resolution of any disputes. Alternatively, it has the right to promote an ordinary judgment for the resolution of disputes arising from the interpretation, execution and validity of these Terms and Conditions.