General Terms and Conditions of Use
1.Site name and ownership
2.Scope of the GTC
2.1 The offer and sale of the Products on the Site constitute a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree No. 206 of 6 September 2005 ("Consumer Code") and by Legislative Decree No. 70 of 9 April 2003, containing the discipline of electronic commerce.
2.2 These General Terms and Conditions of Sale apply to all contracts concluded with ERBOLINEA 1 srl on the Site.
2.3 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 in the 'General Terms and Conditions of Sale' section. Users are therefore invited to regularly access the Site and consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.
2.4 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent and are available in the Italian language.
2.5 These General Sales Conditions do not regulate the sale of products by subjects other than ERBOLINEA 1 srl that are present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with such subjects it is necessary to check their sales conditions.
2.6 The user is required to carefully read these General Sales Conditions, which ERBOLINEA 1 srl makes available to him in the "General Sales Conditions" section of the Site and which he is allowed to save and reproduce, as well as all the other information that ERBOLINEA 1 srl provides him with on the Site, both before and during the purchase procedure.
3. Purchases on the Site
3.1 The purchase of Products on the Site is subject to registration, in accordance with clause 4 below, and is permitted both to users who are consumers and to users who are not consumers. Natural persons are only permitted to purchase Products if they are at least eighteen years old.
3.2 Pursuant to Article 3(1)(a) of the Consumer Code, it is recalled that natural persons who, in connection with the purchase of Products, are acting for purposes unrelated to the entrepreneurial, commercial, professional or craft activity they may perform, shall be deemed to be consumers.
3.3 ERBOLINEA 1 srl reserves the right to refuse or cancel orders that come from (i) a user with whom it has an ongoing legal dispute; (ii) a user who has previously violated these GTCS and/or the conditions and/or terms of the purchase agreement with ERBOLINEA 1 srl; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments; (iv) by users who have provided false, incomplete or in any case inaccurate identification data or who have not sent ERBOLINEA 1 srl the documents requested by ERBOLINEA 1 srl or who have sent it invalid documents in a timely manner.
All prices on the site include VAT.
4. Site Registration
4.1 Registration on the Site is free of charge. To register on the Site, the user must fill in the appropriate form, entering his name, surname, address, place and date of birth, telephone number, an e-mail address and a password and click on the [Submit] button. Registration on the Site, through the opening of a personal account, enables the registered user ('Registered User') to - save and modify their data; - access all the information relating to orders and returns; - follow the status of the order; - manage their personal data and update them at any time; - take advantage of dedicated services that may be activated from time to time (e.g.: viewing their "wish list", etc.); - express consent to the processing of their personal data for the sending of newsletters by ERBOLINEA 1 srl.
4.2 The registration credentials (e-mail address and password) must be kept with great care and attention. They may only be used by the user and may not be passed on to third parties. The user undertakes to keep them secret and to ensure that no third parties have access to them. He also undertakes to inform ERBOLINEA 1 srl immediately by contacting it by e-mail at firstname.lastname@example.org by telephone on (+39) 0882 222961, if you suspect or become aware of any misuse or improper disclosure.
4.3 The Registered User guarantees that the personal information provided during the registration procedure to the Site is complete and truthful and undertakes to hold ERBOLINEA 1 srl harmless and indemnified from any damage, indemnification obligation and/or sanction deriving from and/or in any way connected to the violation by the user of the rules on registration to the Site or on the preservation of registration credentials.
5. Cancelling or modifying an order
To change or cancel an order, you must contact ERBOLINEA 1 srl promptly and in any case no later than 12 hours after placing the order by e-mail at email@example.com or by telephone on (+39) 0882 222961, ALWAYS quoting the reference order number.
6. Information on order status and shipments
At the time of dispatch, the User will receive at the email address indicated at the time of the order the dispatch number by means of which he can track his purchases on the courier's website or through the courier's call centre.
7. Requesting copies of documents and changes to personal data
To request copies of tax documents and/or personal data changes, the User must contact ERBOLINEA 1 srl by e-mail at firstname.lastname@example.org or by telephone at (+39) 0882 222961, remembering ALWAYS to indicate the type and number of the document for which the copy and/or correction is requested.
8. Product Warranty
All products marketed by ERBOLINEA 1 srl on its ecommerce website www.erbolinea.com are covered by a legal guarantee of conformity pursuant to and for the purposes of Articles 128 et seq. of Legislative Decree no. 206 of 2005 Consumer Code.
9. Information on invoices, transfers and cancellations
To contact the administrative service, the customer should send an e-mail to the address email@example.com or call (+39) 0882 222961 and ALWAYS state the order number or the document or invoice number for which you require information.
10. Methods of payment
Purchases made on www.erbolinea.com are secure and guaranteed and payment can be made in any of the following ways:
- Payment by Bank Transfer in Advance
- Payment by Paypal
- Payment by cash on delivery
- Payment with Scalapay
10.1 Payment by bank transfer in advance In the event of payment by bank transfer in advance, the order will only be processed after confirmation that the full amount has been credited. Payment shall be made within 3 days from the date of the order. For the order to be processed correctly and quickly, the Customer must state the order number, date, and Customer's first and last name in the reason for payment. Once this deadline has expired, the order will be automatically cancelled. The availability of the chosen product will be assessed at the time of payment. The bank transfer must be made out to : ERBOLINEA 1 srl IBAN: IT88I05034786300000006305 Bank: Banco Popolare di Milano
10.2 Payment with Pay Pal By selecting the PayPal payment type, the User will be redirected to a page on the PayPal site and payment will be made according to the methods indicated therein. The information provided on the PayPal site will not be shared with ERBOLINEA 1 srl but will be managed directly by the same. If the order is cancelled or not accepted by ERBOLINEA 1 srl the amount will be refunded to the PayPal account. ERBOLIBEA 1 srl will not be in any way responsible for delays and/or damages caused in this phase. 10.3 Payment by cash-on-delivery in cash ONLY with surcharge of 3% for cash-on-delivery charges.
10.3 If you buy with Scalapay you receive your order immediately and pay in 3 instalments. You acknowledge that the instalments will be assigned to Incremento SPV S.r.l., related parties and their assignees, and that you authorise such assignment.
11. Shipping and Costs
The cost of shipping is borne by the User and amounts to € 6.00; if the total amount of the order exceeds € 49.00, shipping is free.
12. Delivery Time
The delivery time of the goods varies depending on the availability of the purchased product in the warehouse (e.g. if the product is available at the manufacturer's) and on the delivery method foreseen for the same. In any case the delivery date is merely indicative and is in no way binding for ERBOLINEA 1 srl . ERBOLINEA 1 srl makes use of the couriers/carriers that offer the best quality/price ratio for the destination concerned: this allows us to offer our Customers advantageous prices and quality service. Under no circumstances will it be possible to make deliveries by appointment and/or at fixed times and/or days. In the event of non-delivery of the goods due to incorrect address provided by the User or due to completion of storage in the courier/carrier's warehouses and/or for any cause attributable to the User's behaviour, a new shipment will be possible ONLY upon advance payment of the same according to the methods indicated by ERBOLINEA 1 srl .
13. Delivery of Goods
Upon delivery of the goods, the User is obliged to check - that the number of packages delivered corresponds to that indicated in the transport document; - that the packaging is intact and not altered, including the closing tapes. In the event of any tampering and/or breakage, the User must immediately dispute the shipment and/or delivery using the document received from the courier or other operator and affixing the words "RESERVE TO CHECK GOODS FOR ....." (indicating the reason). The User must subsequently report any damage within 3 days of receipt of the goods in the manner provided by the operator who carried out the shipment.
14. Right of Withdrawal
You have the right to withdraw from the contract, without stating reasons, within 14 days.
The withdrawal period expires 14 days after the day on which you or a third party other than the carrier and designated by you acquires physical possession of the last good. To exercise the right of withdrawal, you must inform us by e-mail at firstname.lastname@example.org or by telephone on num. (+39) 0882 222961, ERBOLINEA 1 srl - Via T. Masselli 15 - 71016 San Severo.
of your decision to withdraw from this contract by means of an express declaration (e.g. letter sent by post, fax or e-mail). In order to comply with the withdrawal period, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before the end of the withdrawal period.
Effects of withdrawal
If you withdraw from this contract, you will be refunded all payments you have made to us, including the costs of delivery (with the exception of any additional costs resulting from your choosing a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. Such refunds shall be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you shall not incur any costs as a consequence of such a refund. Refunds may be suspended until we receive the goods back or until you prove that you have returned the goods, whichever is earlier.
Please return the goods or deliver them to us at ERBOLINEA 1 srl, Via T. Masselli 15, 71016 San Severo (FG) without undue delay and in any case within 14 days from the day you communicate your withdrawal from this contract to us. The deadline is met if you return the goods before the expiry of the 14-day period.
The direct costs of returning goods will be at Your load. You are only liable for the decrease in the value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
15. Modalities of Withdrawal
The right of withdrawal must be exercised as follows: - The purchased product must be intact and returned in its original, unopened packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, sticks, etc.).
- To exercise this right, the User shall send ERBOLINEA 1 srl a communication by email to the address email@example.com within 10 working days from the date of delivery of the goods. - Once the above communication has been made, and received acknowledgement of receipt from ERBOLINEA 1 srl, the User must send the Product, at his own expense - after regular and suitable packaging in its original packaging - by express courier, together with a copy of the receipt, to the following address: ERBOLINEA 1 srl, Via T. Masselli 15, 71016 San Severo (FG). Shipment until receipt in our warehouse is under the full responsibility of the User.
ERBOLINEA 1 srl shall not be liable in any way for damage and/or theft/loss of products returned by uninsured shipments.
16. Returns and Refunds
The goods must be returned to ERBOLINEA 1 srl within the terms indicated in point 14 together with the authorisation form received. Without prejudice to any repair costs for ascertained damage to the original packaging, ERBOLINEA 1 srl will refund the User the full amount within 14 days from the return of the goods by transferring the amount charged by bank transfer. In the latter case it will be the User's responsibility to promptly provide the bank details on which to receive the refund (IBAN code of the customer).
17. Forfeiture of the right of withdrawal
The User loses the right of withdrawal and the consequent right to reimbursement in the event that ERBOLINEA 1 srl ascertains the existence of even one of the following conditions:
- Even partial use of the goods and any consumables; - Lack of the original outer and/or inner packaging;
- Absence of product components (accessories);
- Damage to the product due to causes other than transport In the cases indicated above, ERBOLINEA 1 srl shall return the goods to the User, charging the shipping costs.
18. Applicable law
18.1 The purchase contract concluded on the Site is governed by Italian law.
18.2 This is without prejudice to the application to consumer Users that do not have their habitual residence in Italy of any more favourable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the term for exercising the right of withdrawal, the term for returning the Products, in the event of exercising such right, the methods and formalities for communicating the same and the legal guarantee of conformity.
18.3 Please note that in the case of a consumer user, any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale shall be settled by the Court of the place where the user resides or has elected domicile. In the case of non-consumer users, for any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, the Court of Foggia shall have exclusive jurisdiction.
18.4 A user residing in a member state of the European Union other than Italy may, in addition, have access to the European Small Claims Procedure established by Council Regulation (EC) No. 861/2007 of 11 July 2007 for all disputes relating to the application, execution and interpretation of these General Terms and Conditions of Sale, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, EUR 2,000.00. The text of the regulation can be found at www.eur-lex.europa.eu.
19. Notice to Consumers-Online Dispute Resolution ODR Online Despute Resolution
In compliance with the provisions of Article 14 of EU Regulation 524/2013/EU, the consumer User is informed that, as an alternative to a judicial dispute, both the consumer and ERBOLINEA 1 srl may avail themselves of the alternative solution to online disputes by filing a complaint through the platform established by the European Commission. This tool can be used by the European consumer to resolve in a non-judicial way any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. The platform is available at the following link (http://ec.europa.eu/consumers/odr/). ERBOLINEA 1 srl will be contacted by the body at the following address firstname.lastname@example.org. If you have any questions on this matter, please contact us at the email address published in this document.
For any suggestions, complaints and/or reports, please write to email@example.com
General Information & Customer Service: Tel. +39 0882.222961
Via T. Masselli 15 71016 San Severo (FG) VAT no. 01829490711