General terms and conditions of online sales
1. The goods covered by these general conditions are offered for sale by ITALIAGROUP CORPORATE SRL UNIPERSONALE headquartered in VIA DEI ZATTIERI 21/D - 32014 - PONTE NELLE ALPI (BL) ITALY registered with the Belluno Chamber of Commerce under no. 01099980250 Tax Code 01099980250, VAT no. IT01099980250 hereinafter identified as "Supplier”; the same makes use of a number of websites for online sales, which are listed below and will be hereinafter referred to as platforms: ItaliaGroup.net – ItaliaTools.it – ArredamentoProfessionale.com – GastroNorm.it –GelatoFacile.it – HospitalCare.it – MondialCarrelli.com – ServingCart.it – VaschetteGelato.it – RigorosamenteItaliano.com
2. "Buyer" means the individual or legal entity who makes the purchase referred to in this contract.
3. The term "Online Sales Contract" means the contract of purchase and sale relating to tangible movable goods sold by Supplier, entered into between Supplier and Buyer within the framework of a remote sales system by means of telematic tools organized by Supplier and governed by these general conditions of sale, hereinafter also referred to as "GTC”.
4. With the Online Sales Contract, Supplier sells and Buyer purchases remotely, through telematic means, the tangible movable goods indicated in the catalogues on the platforms; the contract also governs the terms and conditions of the service of shipment of the purchased goods to the buyer.
5. The goods offered for sale are illustrated in the platforms by means of an information sheet describing their essential characteristics and by means of their photographic representation; Buyer acknowledges that the photographic image of the goods in the platforms is representative of its essential characteristics; that the images and colours of the products presented in the platforms resemble and may differ from the actual ones due to the local settings of the systems used to display them; Buyer agrees that the goods supplied may differ from those reproduced in the image in certain minor respects not likely to alter their essential characteristics.
6. Any certifications, declarations of conformity or statements of compliance with specific regulations should be requested by the Buyer prior to the completion of the purchase order; Supplier reserves the right to inform the Buyer whether such certifications and/or statements are available.
7. The prices shown in the product's illustrative data sheet are always not inclusive of VAT and any taxes, unless otherwise indicated in the platform under the selected product.
8. The Online Sales Contract ends exclusively on Buyer's complete filling of the order form available on the platforms relating to the selected goods and on the subsequent sending to Supplier of the completed order form in the manner provided on the platforms; before sending the form, a printable order summary web page is displayed in favour of the Buyer, in which the details of the ordering party and the order, the price of each of the goods purchased, the shipping costs and any additional charges, the method and terms of payment, the address where the goods will be delivered, the invitation to read these GTC and the existence of the right of withdrawal when entitled.
9. Upon viewing the order summary page, the Buyer who wishes to proceed with the purchase sends the order form; the submission of the order form by the Buyer shall be equivalent to a declaration by Buyer to: (1) have read all the information provided during the purchase process, including with regard to the protection of your personal data; (2) have read and fully and unconditionally accepted these GTC; (3) wish to proceed with the purchase of the goods specified in the order form on the conditions specified therein.
10. Upon receipt of the order, the Supplier shall, within the shortest possible time: (1) telematically notify Buyer of any non-acceptance of the order received due to unavailability of the goods ordered, or if the term of delivery is more than 30 (thirty) days, or for other reasons at its sole discretion; (2) in case of order acceptance, to telematically notify the purchaser summarizing the contents and terms of delivery.
11. Receipt by Buyer of notice from Supplier stating acceptance of the order shall constitute express acceptance of the proposed order by Buyer; acceptance shall be valid and effective for Supplier from the date the notice of order acceptance is sent to Buyer; with the sending of this notice, the contract is therefore understood to be executed; Supplier's order acceptance notice will contain the order identification number and a reference to these GTC.
12. In the event that Supplier notifies Buyer of the order non-acceptance due to unavailability of the product, or term of delivery of more than 30 days, Buyer will also be notified of its right to request delivery of a different product or, alternatively, to request delivery of the product originally ordered within the time frame that will be indicated, without prejudice to its right to cancel the order by requesting a refund for any sums already paid. Any changes to orders may be accepted by Supplier at its sole discretion based on the progress of order execution.
13. In any case, the order shall be considered revoked and no longer effective 10 working days after it has been sent without Buyer having made payment of the price. Buyer must write in the order form the methods by which it intends to make payment, choosing from those set out in the platform and listed below; indication by Buyer of the method of payment and authorization for payment are essential and necessary conditions for the telematic submission of the order form; the payment method chosen by Buyer, once the order form is submitted, cannot be changed.
14. Buyer acknowledges and agrees that if payment according to the chosen method is not successful as a result of checks made by the payment system in use, the Supplier is entitled to terminate the Online Sales Contract.
15. Notwithstanding the foregoing, Supplier reserves the right to change the price of the products listed on the platforms at any time, while still assuring the Buyer that the price charged will be as stated in the order form.
16. Supplier shall issue an invoice to Buyer in the terms and manner prescribed by law.
17. Following the path to purchase, Customer will be able to select the following payment methods:
1. PayPal: in which case the financial information will be handled directly by PayPal in accordance with its procedures. Credit Card: in which case the financial information will be handled directly by the manager responsible for the payment service through the credit card used;
2. Cash on delivery (only valid for deliveries on the Italian territory and in enabled sites for a maximum amount of 500€): in case of payment by cash on delivery a surcharge will be applied to the total amount, clearly highlighted when choosing the method of payment. Payment, to be made directly to the courier, will take place upon delivery of the products and can be made, depending on the amount of the order, in cash (up to a value of €. 500.00), or by check payable to Supplier. Supplier reserves the unquestionable right to refuse the method of payment by cash on delivery and to indicate to Buyer a different mode of payment. Credit risk assessment is carried out by a specialized company.
3. Advance bank transfer: the method of payment by advance bank transfer provides for the acceptance and validity of the order only after payment by Customer and crediting the account of Supplier of the bank transfer. The details for making the transfer are communicated on the order confirmation page at the end of the online procedure and by sending a confirmation email. The reason for the transfer must include the order number, first and last name of the person concerned with the order, and a copy of the account must be emailed to the Supplier. All payment-related communications take place on a Supplier line protected by an encryption system; Supplier guarantees the storage of this information with an additional layer of security encryption and in compliance with the provisions of current data protection regulations.
18. The purchased products are delivered by courier to the address indicated by Buyer in the order form; telephone numbers entered in the order form will be used to facilitate communications and to facilitate couriers in delivering orders; the option for Buyer to pick up the ordered material directly from Supplier's premises is excluded.
19. The products are delivered within the maximum period of 30 (thirty) working days from the acceptance of the order by Supplier; in the event that Supplier is unable to make the shipment within said time limit, it will notify Buyer as provided in Section 10.
20. Shipping methods are chosen by Buyer from those proposed in the platforms and laid down in the order form; shipping costs are the responsibility of the buyer and are automatically calculated when the order is placed; Supplier reserves the right to verify, after receipt of the order, the amount of shipping costs and, if it is greater than the amount determined at the time of the order, it will promptly notify Buyer, informing him of the right to revoke the order for that reason.
21. Supplier is not responsible for delay or non-delivery of products due to force majeure or unforeseeable circumstances; Any delays in the delivery time expected at the time of the order due to causes which become known to Supplier after acceptance of the order will be promptly communicated to Buyer and will not result in any liability on the part of Supplier.
22. When arranging transportation, in order to accompany the purchased goods with the necessary documents required by current tax regulations, accompanying documents (transport document or others) will be issued; any additional documents relating to the products, including technical documents, will be issued in electronic format only and copy may be requested by Buyer if it demonstrates an interest, subject to the provisions of Section 8.
23. Standard delivery is made at street level; any deliveries to the floors must be expressly requested by the buyer prior to placing the order and accepted by Supplier; the time and days of delivery of the goods shall be unquestionably determined by the courier company that will be in charge of the shipment, without any responsibility of Supplier; Upon Buyer's request made in the order form, and accepted by Supplier, who will determine the cost, travelling goods may be insured.
24. In case of non-delivery due to the absence of the addressee at the address specified by Buyer, the courier in charge will issue appropriate warning notice with contact details to arrange new appointment for delivery; once 30 (thirty) days have elapsed from the date of the first attempt of the delivery of the products and failing to make the delivery, Supplier shall deem this contract ineffective and shall: (1) notify Buyer by e-mail of the termination of this contract; (2) issue a credit note for the value of the order net of any shipping charges related to the first unsuccessful delivery and any insurance contribution, previously billed; (3) issue an invoice to charge for any costs incurred for the cost of storing and warehousing the products with the courier company and the costs it had to pay to have the products returned to its warehouse; (4) reimburse Buyer for any difference between credit note and expense invoice, by bank transfer, if Buyer has paid the purchase invoice.
25. All sales prices of products shown within the platforms are in euros and constitute an offer to the public in accordance with art. 1336 of the Italian Civil Code; sales prices are exclusive of VAT and any other taxes, unless otherwise stated; shipping costs and any ancillary charges, if any, although not included in the purchase price, are set out and calculated in the purchase procedure prior to the submission of the order by Buyer and also shown on the summary web page of the order placed; prices listed against each of the goods offered to the public are valid at the time of viewing and purchase.
26. Buyer may purchase the products indicated in the catalogues in the platforms in the quantities existing in Supplier's warehouse; in the event that the purchased product is not in stock and is not otherwise available within the above time period, Supplier agrees to refund to the buyer the amounts paid; however, Supplier reserves the right to offer Buyer replacement products with the same functionality and identical, or superior, quality characteristics; Supplier shall not be held liable in any capacity to Buyer in the event of failure to complete the sale due to the ascertained unavailability of the products laid down in the order form. Supplier shall not be liable to Buyer, except in the case of wilful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet beyond its control.
27. Supplier shall not be liable in respect of damages, losses and costs incurred by Buyer as a result of the non-performance of the contract due to causes not attributable to him, Buyer being entitled only to a full refund of the price paid and other sums received.
28. Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other methods of payment, for the payment of the purchased products, if it proves that it has taken all possible precautions according to the best science and experience of the time and according to ordinary diligence.
29. Buyer is required to check the quantity and condition of the products upon delivery; if, upon receipt, it finds that the packages delivered are damaged and/or do not conform in number to those ordered, it must notify the carrier by signing the delivery document with reservation; it is also required to notify Supplier no later than 5 (five) days after delivery; failing which, delivery shall be deemed accepted with waiver by the buyer of any and all claims for reimbursement, compensation, indemnity, warranty or other relief against Supplier; if the prerequisites are met, Supplier shall, after verification and without further expense to Buyer, replace the missing and/or damaged goods in accordance with the order; Supplierreserves the right to charge Buyer for the costs incurred in inspecting the products and reshipping them, if the products returned by Buyer are undamaged and free of the defects complained of.
30. The products sold shall enjoy the legal warranties, to the extent specified below, and any commercial warranties from time to time set out in the platforms and referred to in the order form; warranty rights are forfeited upon the presence of damage caused by misuse, tampering, dropping, use of non-original accessories, attempts to repair by unauthorized personnel, or generally anything else that demonstrates improper use of the item; they are in any case expressly excluded from the warranty all cosmetic parts, wear and tear parts, and all parts for which proper use cannot be verified.
31. If Buyer is a consumer, pursuant to art. 130 and 132 of the Consumer Code, Supplier shall be liable to consumer until the term of 2 (two) years from the delivery of the products, for any conformity defects existing in the products; Buyer forfeits the rights granted to him by art. 130, paragraph two, of the Consumer Code - where entitled - if he does not report the detected conformity defect to Supplier within 2 (two) months from the date of discovery of the defect; Buyer must report conformity defects in the purchased products to Supplier by sending specific e-mail communication to ….; once it has been established that the products are defective, provided that they have been returned by Buyer in their original packaging (complete with all their component parts), Supplier - provided that it is obliged by the warranty for conformity defects - shall replace them at its own care and expense with other products of the same quality available at its warehouses; if replacement with the same product is not possible (e.g., due to the exit from the catalogue), Supplier will provide a replacement product with the same functionality and not inferior quality characteristics or refund to Buyer the price paid for the product found to be defective, excluding any further liability under any other title.
32. In the event that Buyer is not a consumer, Supplier shall be bound by the warranty provided by the applicable regulations, which is equal to 1 (one) year; Buyer shall in any case report defects in conformity of the products to Supplier, by sending specific communication to the e-mail address firstname.lastname@example.org ; Supplier-provided that it is bound by the warranty-may decide on replacement or repair of the product; in the case of repair, Supplier is not responsible for the manufacturers' stated waiting times; during this waiting period, Supplier will not be required to provide any replacement product.
33. If Buyer is a consumer, pursuant to article 64 of the Consumer Code and within the limits provided for in that legislation, Buyer has the right to withdraw from the Sales Contract, even partially, for any reason and without charge, in the manner specified below: the right of withdrawal is exercised by sending, within 14 (fourteen) working days of receipt of the purchased products, a notice by registered mail with return receipt addressed to ITALIAGROUP CORPORATE SRL UNIPERSONALE VIA DEI ZATTIERI 21/D - 32014 - PONTE NELLE ALPI (BL) ITALY or by certified mail to the address email@example.com ; in the event that the right of withdrawal is exercised, Buyer will receive an e-mail communication in which the instructions to be followed for the return of the goods and the necessary indications for the Supplier to collect the goods (in particular, date and expected courier for goods collection) will be provided; Buyer must still return the products to Supplier not later than 14 (fourteen) working days after the date of receipt of the return authorization e-mail sent by Supplier; in the event that the goods, following their testing, have suffered a decrease in value due to nondiligent use, Buyer shall become liable for the lesser value, which shall be accordingly deducted from the refund due; the rules governing the right of withdrawal in this article do not apply: in the case of supplying custom-made or clearly customized goods; in the case of supplying goods that are likely to deteriorate or expire rapidly; in the case of supply of goods that, after delivery, are, by their nature, inseparably mixed with other goods; in the case of supply of sealed audio-visual products or computer software, opened by Buyer; in the event that the right of withdrawal has been properly exercised, Supplier shall refund Buyer the full amount paid by the latter, including any shipping costs of the goods incurred in the purchase phase, net of direct costs of return, within 14 (fourteen) working days from receipt of the notice of withdrawal.
34. Any refunds awarded to Buyer under these GTC shall be credited through one of the methods chosen by Buyer from among those proposed by Supplier within up to 14 (fourteen) working days starting from when the entitlement has been established.
35. Buyer shall: (1) pay the price of the purchased goods in the time and manner specified when placing the order: (2) provide its personal data required for legal, administrative and tax compliance for the performance of this contract; Buyer's personal data shall be current, complete and accurate and shall be kept up-to-date throughout the term of the contract; The inclusion of false and/or made-up and/or fictional personal data is prohibited;
36. Buyer agrees to indemnify and hold Supplier harmless from any loss, damage, liability, injury, or expense arising from the misuse of the products.
37. Buyer shall be solely liable for any claims made by third parties due to the improper use of the purchased products and/or for the infringement of any industrial property right, intellectual property right, as well as for the breach of any other applicable current provisions and, in any case, for any infringement of third-party rights.
38. Buyer also agrees to indemnify and hold Supplier, its personnel and contractors, harmless from any loss, damage, liability, prejudice or expense in any way connected with any claims, demands or actions resulting from Buyer's use of the products in violation of any applicable regulations or the terms of the contract.
39. Buyer indemnifies Supplier from any liability arising from the issuance of erroneous tax documents due to errors related to the data provided, as it is solely responsible for their correct entry.
40. Failure to perform even one of the obligations assumed by Buyer under no. 38, 39, 40, 41, 42 will result in the automatic termination of the contract under art. 1456 of the Italian Civil Code.
41. Supplier protects the privacy of its customers and guarantees data processing in accordance with the regulations set forth in European Regulation 679/2016, Legislative Decree dated 30 June 2003, no. 196 supplemented by Legislative Decree 101/2018; special information on data processing can be found on Supplier's website at https://www.italiagroupcorporate.it/privacy/.
42. Pursuant to art. 12 of Legislative Decree 70/2003, Supplier informs Buyer that every order sent is stored in digital/paper form on the server/at Supplier's own premises or at third party suppliers appointed for this purpose as Data Processors (Regulation (EU) 679/2016) that apply appropriate confidentiality and security criteria in all cases.
43. Direct written communications to Supplier and any complaints will be considered valid only when sent to the following address ITALIAGROUP CORPORATE SRL UNIPERSONALE VIA DEI ZATTIERI 21/D - 32014 - PONTE NELLE ALPI (BL) ITALY, or sent by e-mail to the following address firstname.lastname@example.org; Buyer is required to write down in the order form its residence or domicile, telephone number or e-mail address to which it wishes to receive communications from Supplier, under penalty of order invalidity.
44. The sales contract and the GTC are governed by Italian law and, in particular, specifically reference the regulations on contracts executed remotely, by the Consumer Code and Legislative Decree dated 9 April 2003 no. 70, on aspects concerning electronic commerce and/or by regulations subsequently in force.
45. For any dispute relating to the validity, interpretation, effectiveness and performance of this contract and the general conditions of sale, the court of residence or domicile of Buyer is competent if it is a consumer and if located in the territory of the Italian State; otherwise, in the event that Buyer is not a consumer, or is a consumer but with residence and domicile in a foreign state, the Parties expressly agree to the exclusive jurisdiction of the Court where the registered office of Supplier is located.
46. The nullity, voidability, or ineffectiveness of one or more of the provisions set forth in these GTC shall not invalidate the remaining provisions, which shall continue in full force and effect.
Approval pursuant to articles 1341 and 1342 of the Italian Civil Code
Pursuant to and in accordance with articles 1341 and 1342 of the Italian Civil Code, I declare that I accept and specifically approve the provisions contained in the following articles:
5 (five), 9 (nine), 10 (ten), 11 (eleven), 12(twelve), 13 (thirteen), 14 (fourteen), 20 (twenty), 21 (twenty-one), 23 (twenty-three), 24 (twenty-four), 26 (twenty-six), 27 (twenty-seven), 28 (twentyeight), 29 (twenty-nine), 30 (thirty), 32 (thirty-two), 34 (thirty-four), 37 (thirty-seven), 38 (thirtyeight), 39 (thirty-nine), 43 (forty-three), and 45 (forty-five).