ART. 1 – SUBJECTS
Supplier: the company Cavazza Anna Sas – Via Algardi 5 – 47128 Bologna (ITALY) – VAT and Fiscal Code 02647311204, (hereinafter referred to as Supplier).
Customer: the subject identified by the data entered at the time of registration and acceptance of these general conditions, i.e. the natural person acting for purposes unrelated to the entrepreneurial, commercial, artisan or professional activity eventually carried out (hereinafter referred to as Customer).
ART. 2 – OBJECT OF THE SERVICE
Through the e-commerce service, the Supplier provides the Customer with a virtual shop from which it is possible to view the Supplier’s electronic catalogue and offers and make purchases from the Supplier in accordance with these sales conditions.
ART. 3 – ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
All contracts will be concluded directly through access to the Internet site corresponding to the address www.easyspt.com, where the Customer can conclude the contract for the purchase of the desired product, carefully following the instructions and procedures provided. These general conditions of sale regulate purchases made in accordance with the provisions of the Consumer Code, Legislative Decree no. 206/2005, amended by Legislative Decree no. 21/2014 and Legislative Decree no. 70/2003 on e-commerce, with the clarification that the rules laid down in the Consumer Code are applicable only in the event that the Customer qualifies as a Consumer, as defined by Art. 3 of the Consumer Code.These general conditions of sale are an integral and essential part of the sales contract, for this reason they must be examined “online” by the Customer, before the completion of the purchase procedure. The forwarding of the order confirmation therefore implies total knowledge of them and their full acceptance. The general conditions of sale may be updated or modified at any time by www.easyspt.com, which will communicate them through the pages of the website. The Customer, by sending electronic confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his relations with www.easyspt.com, the general sales conditions, including the payment conditions illustrated below, declaring that he has read and accepted all the indications provided.
ART. 4 CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
By submitting the order, the Customer confirms to know and accept these General Terms and Conditions of Sale. The sales contract shall be deemed to be concluded when the Supplier sends the Customer an order confirmation e-mail containing the Customer’s details and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent, unless payment has been successfully completed.
The Customer undertakes to verify the correctness of the personal data contained in the above mentioned e-mail, and to promptly communicate any corrections/modifications to be made.
ART. 5 – PRICES AND WARRANTY
All sales prices of the products marketed are displayed and indicated on the website www.easyspt.com, they are offered to the public pursuant to art. 1336 of the Italian Civil Code. Unless otherwise indicated in writing, all prices indicated are to be understood as “VAT excluded” and expressed in Euro. Shipping costs are understood to be excluded from the price and, indicated separately, are to be borne by the Customer. The validity of the prices indicated is always and only that indicated by the procedure at the moment the order is sent to the Supplier. The Supplier is not responsible for taxes imposed by other countries. The prices shown on this site may be subject to change at our discretion, so please subscribe to our newsletter or visit our site frequently to be sure about last prices.
For the equipment (easySPT100,easySPT200,easyATMo etc. etc.) the warranty is 24 months from the date of sale unless otherwise, and expressly stated at site level at the time of purchase.
The spare parts follow the same warranty as the above mentioned instruments.
For batteries and pumps, contained inside the instrumentation, the warranty is 1 month from the date of sale.
For consumables and accessories the warranty is 1 month from the date of purchase.
ART. 6 – PAYMENT
The Customer has the right to choose between different payment methods, specifically indicated at the time of completion of the online purchase. In any case, for information on orders and payments, you can contact firstname.lastname@example.org or call +393355374771.
ART. 7 – PURCHASE ORDERS
Each order is marked with an order number and contains an indication of the date of submission to the system, details of the items purchased, shipping charges and individual prices excluding VAT in Euro, the summary of total costs excluding VAT.
ART. 8 – DELIVERY METHODS, TIMES AND RESTRICTIONS
The Supplier carries out the shipments by Courier or other indicated carrier. Shipping costs and other charges possibly connected to the transport and/or shipment of the products are counted and detailed in the order confirmation and purchase invoice. Upon receipt of the goods at the Customer’s domicile, the Customer shall verify the integrity of the package, as well as the quantitative and qualitative correspondence with what is indicated in the accompanying document, as better indicated in point 13.
The delivery of the Products is made all over the world by Courier and sll shipments are DAP, as per Incoterm 2010, so customs fees are charges charged to the Customer (usually for expeditions outside EU)
Below is a table on the minimum time required to process an order, these times do not include the shipping time which depends on the Courier.
|Type of product||Time if in stock||Time if out of stock|
|Tools: easySPT100, easySPT200, easySPT300||1 Week||6 Weeks|
|Jellies, Silicone||3 days||1 Week|
|easyStrip, Ribbons||3 days||2 weeks|
|Spare parts||1 Week||6 Weeks|
|Maintenance||1 day||6 weeks|
The delivery terms indicated start on the working day after the order has been placed.
The courier that we use is DHL.
Home delivery is on the street level. Home delivery will be made from Monday to Friday during normal office hours (from 9 a.m. to 6 p.m.), excluding national holidays.
The customer will receive an email from the shipping office with the “tracking number” as soon as the order is shipped.
In case of non-delivery due to the Customer’s absence to the address specified in the order form, the courier will leave you a notice of passage containing the number to contact him/her (“Passage Notice”). The courier will then make a second delivery attempt the following day, or the Customer must contact the courier to arrange an alternative delivery date, depending on the instructions on the Passage Notice.
If this attempt is also unsuccessful or if the Customer does not contact the courier, the package will be “in stock” at the courier. The courier will then communicate the stock to the Supplier who will contact the Customer in order to provide all the information necessary to collect the package at the courier’s branch.
If the Customer does not collect the parcel from the courier’s branch within 5 days from the delivery of the notice of passage, the purchase contract will be considered terminated by right pursuant to art. 1456 of the Italian Civil Code with consequent reimbursement, within 15 working days from the termination of the contract, of the total amount due, after deduction of unsuccessful delivery costs, storage costs, expenses for return to the Supplier and any other expenses incurred due to non-delivery due to the absence of the recipient.
No responsibility can be attributed to www.easyspt.com for delayed or non-delivery due to force majeure or unforeseeable circumstances.
ART. 9- OBLIGATIONS OF THE CUSTOMER
The Customer undertakes and undertakes, once the “online” purchase procedure has been completed, to print and preserve these general conditions, which he/she will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product to be purchased, and this in order to fully satisfy the condition set out in Articles 52 and 53 of Legislative Decree 205/06.
It is strictly forbidden for the Customer to enter false and/or invented and/or fictional data in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications; the personal data and the e-mail must be exclusively his real personal data and not of third persons or fictional data.
It is expressly forbidden to enter data of third parties. The Supplier reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of all consumers. The Customer indemnifies the Supplier from any responsibility deriving from the issue of incorrect fiscal documents due to errors in the data provided by the customer, being himself solely responsible for the correct insertion. The Supplier reserves the right to request adequate indemnity/reimbursement/compensation in case of damages and/or different negative consequences deriving from the above described behaviours.
ART. 10 – COMPLAINTS, SHIPPING DELAYS, PRODUCT REPLACEMENT DELIVERED BY MISTAKE
The Customer has the right to communicate any problems (delivery errors, misunderstandings or delays in delivery) by registered letter with return receipt or e-mail and/or pec.
If a product other than the one ordered and purchased has been delivered by mere material error, the Customer has the right to obtain the replacement of the product, provided that the same represents the problem in writing within and no later than five days from the receipt of the product itself. In this case the Supplier will replace the product once the delivered goods have been returned and the condition of the goods has been verified, thus proceeding with the re-shipping of the correct product. All items must be returned to the headquarters of Cavazza Anna Sas intact and in the same state in which they were received, provided with the original packaging. In this case the shipping costs of the return and re-shipping will be charged to the Supplier.
ART. 11 – RIGHT OF WITHDRAWAL OF THE CONSUMER
In accordance with the legal provisions in force, the Customer who purchases as a Consumer, and by this is meant the natural person acting for purposes unrelated to the entrepreneurial, commercial, artisan or professional activity carried out, may exercise the right of withdrawal and return the product received, without any penalty and without specifying the reason, within 14 working days from the day of receipt of the purchased product, by sending, within the aforesaid term, written notice of withdrawal in the following ways:
By registered letter with acknowledgement of receipt to the following address: Cavazza Anna Sas – Via Algardi 5, 40128 Bologna (ITALY) In case of future change of registered office, to be sent according to the new address indicated on the site. If the Customer has exercised the right of withdrawal in the manner described in the previous point, he must return the product within and no later than the fifteenth day after receipt, by direct delivery and shipment by forwarding the product to Cavazza Anna Sas c/o the above mentioned location.
All costs for the return of the products shall be borne by the Customer. The integrity of the goods to be returned is an essential condition for the exercise of the right of withdrawal so it will not be possible to return goods if the package is open, even partially, the seals are altered or if the original packaging is missing.
The shipment, until receipt of the goods at the headquarters of Cavazza Anna Sas, is under the full responsibility of the customer, even in the event of loss of the same.
If all the conditions and obligations of the consumer provided for in the previous points have been respected, the Supplier will send an e-mail confirming acceptance of the return. Furthermore, the Supplier will refund the sale price according to the same payment method chosen by the Customer at the time of purchase, net of any shipping costs incurred, less any costs relating to the return incurred by the Supplier, with value date equal to the thirtieth day after the date on which the Supplier became aware of the Customer’s right of withdrawal.
The actual time for the refund of the sums paid by the Customer for the purchase of the returned products depends on the payment methods used: (i) bank transfer (please note that the value date of the re-credit is the same as the debit date, therefore the Customer will not suffer any loss in terms of bank interest); (ii) purchase by credit card: the actual refund to the credit card depends on the institution that issued the card.
For further information, the Customer may consult the “Frequently Asked Questions” support page.
ART. 12 CANCELLATION OR MODIFICATION OF ORDERS
The purchase order cannot be changed. It can be cancelled in full if, at the time of the request, the shipment is still being prepared and, in any case, if the amount has not yet been cashed.
ART. 13 GUARANTEE OF CONFORMITY OF THE PRODUCTS
The Customer who purchases as a Consumer will be able to take advantage of the guarantee of conformity of the products. In case of receipt of defective products or, in any case, not in conformity with the invoiced orders, the Customer may request their replacement on condition that the defect found is reported within and no later than eight days from receipt of the goods. The shipping costs for the return of the defective product shall be fully borne by the Supplier. The Customer undertakes to report the problem by e-mail to email@example.com, specifying the type of defect and attaching a photo attesting to the problem.
The Supplier, once the defect has been ascertained, will return the defect to the Customer.
Those who have purchased on the Site and who do not qualify as consumers will be covered by the guarantee for defects of the thing sold, the guarantee for defects in quality promised and essential and the other guarantees provided by the Civil Code with the relevant terms, forfeiture and limitations.
In any case, therefore, even if the Customer does not qualify as a consumer, in the event that the outer packaging arrives at its destination damaged (bending, scratching, denting, wet packaging, etc. …) the Customer may proceed in the following ways:
- Reject the delivery and promptly send a report to firstname.lastname@example.org by entering the order number in the object.
- Withdraw the parcel by signing with specific control reserve for these cases: specific reserve for folded packaging, ruined packaging, dented packaging, dented packaging, striped packaging, wet packaging, damaged goods, sketched goods, rifled goods, broken glass, etc…
ART. 14 – GUARANTEES GIVEN BY THE CUSTOMER
The Customer guarantees, assuming all responsibility and holding the Supplier harmless from any prejudicial consequences, that its data, provided at the time of acceptance of these general conditions, are true and allow to identify the true identity of the Customer. The Customer also undertakes to inform the Supplier immediately in writing, also by e-mail, of any change in the data provided. The Customer is also informed of the need to communicate a valid e-mail address to the Supplier in order to allow the Supplier to forward order confirmations and any possible communication.
ART. 15 – EXPRESS TERMINATION CLAUSE
The obligations assumed by the Customer, as well as the guarantee of the successful completion of the payment made by the Customer, are essential, so that by express agreement, the failure by the Customer to fulfil only one of these obligations will result in the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial decision, without prejudice to the Supplier’s right to take legal action for compensation for further damage.
ART. 16- LIMITATIONS OF LIABILITY
The Supplier declines all liability for malfunctions, interruptions of services, degradation of performance whether or not due to force majeure or unforeseeable circumstances, when they are not directly attributable to the Supplier itself due to its intent or gross negligence. The Supplier shall not be held liable for any failure to provide services due to force majeure such as, for example, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, the execution of the contract within the time agreed upon. The Supplier shall not be liable to any party or third party for damages, losses and costs incurred as a result of failure to perform the contract for the causes mentioned above, the Customer being entitled only to a refund of the price paid.
The Supplier is not responsible for any fraudulent or illegal use that may be made by third parties of credit cards or other means of payment, when paying for the products purchased. At no time during the purchase procedure is the Supplier in a position to know the Customer’s credit card details, which will be transmitted directly to the payment service provider without intermediary and to which it will be automatically connected, returning to the Supplier’s website at the end of the procedure.
ART. 17 – VALIDITY OF COMMUNICATIONS
The Customer accepts that the notification and communications relating to all on-line services (including those relating to purchase orders) are made by the Supplier in electronic format (e-mail) and via Web service, acknowledges their full validity and expressly waives as of now to disclaim the content of the declarations sent and/or received in electronic format. The Customer shall not hold the Supplier liable if, for reasons not attributable to the Supplier itself, the e-mail is not received in the Customer’s mailbox.
ART. 18 – COST OF USING THE REMOTE COMMUNICATION TECHNIQUE
For all online services on the site, the connection costs charged by the Provider used by the Customer for the connection to which the Customer must apply to obtain the necessary information are applied.
ART. 19 – PRIVACY
The Data Controller is the Supplier.
The Supplier manages personal data in compliance with the discipline dictated by EU Regulation 679/2016.
Information on the processing of personal data is available at the following link.
ART. 21 – JURISDICTION AND COMPETENT COURT
Any dispute relating to the application, execution, interpretation and breach of purchase contracts entered into “on line” through the website www.easyspt.com is subject to Italian jurisdiction. Consequently, the interpretation, execution and termination of the General Terms and Conditions of Sale are subject exclusively to Italian law and any disputes inherent and/or consequent to the same shall be settled exclusively by the Italian courts, as further specified below. In particular, if the Customer qualifies as a Consumer, any disputes shall be resolved by the court of the place of domicile or residence of the same according to the applicable law. If the Customer does not qualify as a Consumer, the parties shall conventionally establish the exclusive jurisdiction of the Court of Bologna.
ART. 22 INTELLECTUAL PROPERTY RIGHTS
The Customer declares to be informed that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of the Supplier and/or its assignees, without the Customer having any rights over them from accessing the Site and/or purchasing the Products.
The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior consent of the Supplier.