General terms and conditions of online sales
Article 1 Premises
The goods subject to these general conditions, are offered for sale by ITALIAGROUP CORPORATE SRL A SOCIO UNICO with registered office in PONTE NELLE ALPI - VIA DEI ZATTIERI 21/D – 23014 (BL) ITALY enrolled at the Chamber of Commerce of Belluno with no. 01099980250 of the Companies' Register. Fiscal Code 01099980250 , VAT number IT01099980250 identified below as Supplier. The aforementioned makes use of certain platforms for online sales that are listed below: www.italiagroup.net www.italiatools.it, www.arredamentoprofessionale.com www.hospitalcare.it www.vaschettegelato.it www.gastronorm.it www.gelatofacile.it www.servingcart.it . These will be referred to as platforms in the following document.
Section 1.2 Definitions
1.1. The expression "online sales contract" shall mean the contract for the purchase and sale of the Supplier's tangible goods, stipulated between said Supplier and the Purchaser within the framework of a distance sales system using telematic means, organised by the Supplier.
1.2. The expression “Purchaser” shall mean the individual or legal entity making the purchase, referred to in this contract, for reasons the Supplier is neither involved in nor interested in.
1.3. The expression “Supplier” means the subject indicated in the letterhead.
Article 2 Subject of the contract
2.1. With this contract, respectively, the Supplier sells and the Purchaser buys remotely through telematic means the tangible goods indicated and offered for sale on the platforms.
2.2. The products referred to in the previous point are shown on the platforms.
Section 2.1 Technical details on sales modalities
2.3. The images of the multimedia catalogue present in the platforms, accompanying the technical data sheet of the products, may not be perfectly representative of their characteristics, as the manufacturers have the possibility to make improvements to the product at any time without prior notice.
2.4. We reserve the right to modify, at any time and without notice, the dimensions and the technical part of the products listed in the online catalogue. Illustrations, photographs, drawings, descriptions are intended as general indications and do not constitute an exclusive constraint or necessarily correspond to the actual conformation of the products.
2.5. Any certifications, declarations of conformity or declarations of compliance with specific regulations must be requested before placing the order to verify their availability or feasibility. The Supplier may refuse to issue documents not provided for by the regulations where the Supplier is based, if requested after the order.
2.6. The prices shown in the product data sheet for items that can be ordered online or quoted and the related transport costs are always exclusive of VAT (unless otherwise indicated on the sales site).
Article 3 Modality of contract stipulation
3.1. The contract between the Supplier and the Purchaser is stipulated exclusively via the Internet by means of the Purchaser's access to the platforms, where, following the procedures indicated, the Purchaser will formalize the proposal for the purchase of the goods and the contract for the purchase of the same referred to in point 2.1 of the previous article.
3.2. The Supplier has the right not to accept the purchase proposal, without any duty to the Purchaser who submitted it.
Article 4 Stipulation and validity of the contract
4.1. The sales contract is concluded through the exact filling in of the request form and the consent to the purchase expressed through the acceptance form sent online or by filling in the form/module attached to the electronic catalogue present on the platforms and the subsequent sending of the form/module itself, once again after viewing an order summary web page, which can be printed, in which the details of the ordering party and the order, the price of the goods purchased, the shipping costs and any additional charges, the methods and terms of payment, the address where the goods will be delivered and the existence of the right of return. Once the purchase proposal has been formulated and accepted by the Supplier, it will entail full knowledge and acceptance of the conditions set out in this contract. This contract will be considered concluded with acceptance of the proposal.
4.2. The validation of orders is done through platforms or through quotes delivered by email. Telephone communications with operators, which take place to provide technical and commercial information, are to be considered valid if they are also confirmed in writing by email or other traceable medium.
4.3. Upon receiving the order from the Purchaser, the Supplier shall send the Purchaser a confirmation email or display a printable web page confirming and summarising the order, which shall also contain the data referred to in the previous points.
4.4. The contract shall not be deemed to have been completed and valid between the parties in default of the preceding points.
4.5. Any notice of non-acceptance of the order due to unavailability of the product and/or delivery times that are longer than those indicated in the quote (more than 30 days), will be promptly communicated to the Client, by phone or email. In such cases, the Client may, alternatively, change the product, wait for availability in the new times communicated or cancel the order requesting a refund for any amount already paid. Any right of the Client to compensation for damages is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an order, including loss of profit, loss of profit, loss of sale or loss of goodwill.
4.6. Any changes to orders already confirmed cannot be guaranteed and will be possibly authorized by the Supplier on the basis of the state of production. All orders and order confirmations expire after 10 working days in case of non-payment.
Article 5 Payment and refund methods
5.1. Any payment by the Purchaser may only be made by one of the methods indicated in the following points.
- PayPal / Credit Card.
- Payment on delivery (method valid only for deliveries within the Italian territory and in authorized sites for a maximum amount of €500): Any payment by cash on delivery will incur a surcharge on the total amount, clearly indicated when choosing the payment method. Payment, to be made directly to the courier, will be made at the time of 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 the Supplier. The Supplier may not accept the payment on delivery method for those deemed to be at risk and therefore request payment by advance transfer. Credit risk assessment is carried out through Cerved Group S.p.A. - Via dell'Unione Europea n. 6/A-6/B - 20097 San Donato Milanese (MI), Italy.
- Bank transfer in advance: the bank transfer payment method involves the acceptance and validity of the order, only after payment by the Purchaser and unequivocal receipt by the Supplier of the bank transfer. The data required to execute the bank transfer are communicated on the order confirmation page at the end of the online procedure (also by sending a confirmation email) or in the quote sent to the Supplier. The reason for the bank transfer must include the order number, name and surname of the person involved in the order and a copy of the transaction must be sent by email to the Client.
5.3. Any communication of bank transactions, transaction references, Screenshots of payment will not be considered valid for the purposes of proof of payment, but may be considered for the preparation of the order. Urgent orders may be paid by PayPal, Credit Cards or urgent bank transfer after verification of availability of the products for shipment.
5.4. Any refund to the Purchaser will be credited by one of the methods proposed by the Supplier and chosen by the Purchaser, in a timely manner and, in case of the exercise of the right of withdrawal, as regulated by Article 13, point 13.2 and subsequent points of this contract, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal itself.
5.5. All communications relating to payments are made on a special line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current regulations on the protection of personal data.
Article 6 Delivery times and methods
6.1. The Supplier will deliver the products selected and ordered, in the manner chosen by the Purchaser or indicated on the website at the time of the offer of the goods, as confirmed in the email referred to in point 4.2.
6.2. Purchases made on the platforms are delivered, via national and international couriers, to the delivery address indicated when ordering. The landline and/or mobile phone numbers provided during the order process will be used by the Supplier to facilitate communication and to facilitate couriers/transporters in the delivery of orders; we therefore recommend that you avoid communicating any telephone numbers that you do not wish to disclose to third parties. In no case, will the Client be given the right to pick up the ordered material directly from our warehouses or production facilities.
6.3. Shipping times may vary from the first day of your order to a maximum of 30 working days after order confirmation. In the event that the Supplier is not able to make the shipment within this time limit but, in any case, within the time limit indicated in the following point, the Purchaser will be promptly notified by email.
6.4. Shipping methods and costs are clearly indicated and prominently displayed on the Platforms. The shipping costs are automatically calculated by the online program according to the weight and size of the goods and the place of destination (Italy / abroad). The shipping costs to foreign countries may be reviewed by the Supplier if there are discrepancies between the costs generated by the online platform and the real costs of the couriers. The Purchaser will be promptly informed of this and may decide whether to accept or refuse the order placed.
6.6. Any delays in the delivery times (indicated on the product page, in quotes or supplied by email or telephone) that are not identifiable at the time of the order, but only during the preparation or production phases of the same, will be communicated promptly as soon as the Supplier becomes aware of them. In any case, delays in delivery cannot be considered by the Client for the purposes of claims for damages or compensation, as well as any contractual or non-contractual liability for direct or indirect damage to persons and/or property.
6.7. When preparing the shipment, in order to accompany the purchased goods with the necessary documents required by current tax regulations, the accompanying documents (Transport Document or others) will be issued. Other documents, including technical documents, will be issued exclusively in electronic format and copies may be requested as needed.
6.8.Any storage costs, for repeated failure of the Client to respond to contact attempts made by the courier to agree on delivery, will be borne entirely by the Client. Standard delivery is made on the street level. Any deliveries to other floors will be quoted. National and international couriers make deliveries from Monday to Friday, during normal working hours regulated and indicated by the couriers and cannot be arranged by the Supplier.
Article 7 Prices
7.1. All sales prices of the products displayed and listed on the platforms are quoted in euros and constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code.
7.2. The sales prices, referred to in the previous point, are exclusive of VAT and any other taxes. Shipping costs and any additional charges, if any, even if not included in the purchase price, must be indicated and calculated in the purchase procedure before the Purchaser submits the order and also contained in the order summary web page.
7.3. The prices indicated for each of the goods offered to the public are valid at the time of viewing and purchase.
Article 8 Availability of the products
8.2. Should an order exceed the quantity available in the warehouse, the Supplier, by email, will inform the Purchaser if the goods are no longer available or what the waiting time for the chosen goods is, asking whether the Purchaser intends to confirm the order or not.
8.3. The Supplier's IT system will confirm that the order has been registered as soon as possible by sending the User an email confirmation in accordance with point 4.2.
Article 9 Disclaimer of liability
9.2. The Supplier shall not be liable to the Purchaser, except in the case of wilful misconduct or gross negligence, for inefficiencies or malfunctions connected with the use of the Internet network beyond his control or that of his subcontractors.
9.3. Furthermore, the Supplier shall not be liable for damages, losses and costs suffered by the Purchaser as a result of non-performance of the contract for reasons not attributable to him, the Purchaser being entitled only to the full refund of the price paid.
9.4. The Supplier assumes no responsibility for any fraudulent or illegal use that may be made, by third parties, of credit cards, cheques and other means of payment used for the payment of products purchased, if he can prove that he has taken all possible precautions based on the best knowledge and practice of the moment and in accordance with standard procedures.
9.5. In no case can the Purchaser be held liable for delays or misunderstandings in payment if he can prove that he has made the payment in the time and manner indicated by the Supplier.
10.1. According to articles 114 and following of the Italian Consumer Code, the Supplier is responsible for the damage caused by defects in the goods sold if he fails to communicate to the Damaged Party, within 3 months from the request, the identity and domicile of the producer or the person who supplied him with the goods.
10.2. The aforementioned request, by the Damaged Party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the price of the product, if it still exists.
10.3. The Supplier shall not be held liable for the consequences of a defective product if it is due to the compliance of the product, to a mandatory legal provision or to a compulsory measure, or if the current state of knowledge does not yet allow the product to be considered defective. No compensation shall be due if the damaged party has voluntarily exposed himself/herself to the inherent dangers of the product.
10.4. In any case, the Damaged Party must prove the defect, the damage, and the causal connection between defect and damage.
10.5. The Damaged Party may claim compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for use or consumption and thus mainly used by the Damaged Party.
10.6. The damage to property referred to in Article 123 of the Italian Consumer Code will, however, only be refundable to the extent that it exceeds the sum of € 387.00.
10.7. As already explained in point 4.4., any right of the Client to compensation for damages is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an order, including loss of earnings, loss of profit, loss of sales or loss of goodwill.
10.8. The products are packaged with materials that are resistant and suitable to ensure optimal protection during transport, many production lines are equipped with video control on the products inserted and integrity of the package before shipping by the courier.
10.9. In the case of the receipt of goods with obvious tampering and / or breakage of packaging, the Client must accept the goods " subject to inspection", describing in person and in detail the damage on all copies of delivery receipts of the courier also on any electronic media (handheld - tablet). Any reports that are not made at the time of unloading will have no value. If the shipment is damaged to the point that it cannot be accepted, the damaged goods must be rejected, clearly indicating the reason to the carrier by having it indicated in the accompanying document.
10.10. Having ascertained the presence of damage caused by shipping, the Client must report it to the Supplier within 5 (five) days of receipt of the goods by email, complete with photographic documentation of the damaged packaging and goods.
Article 11 Warranty and assistance
11.2. The Supplier is not liable for damage caused by incorrect use of the article or if the instructions for use or safety have not been followed.
11.3. For the purposes of this contract, consumer goods shall be presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: a) they are fit for the use for which goods of the same type are normally used; b) they conform to the description made by the Supplier and possess the qualities of the goods which the Supplier has presented to the Purchaser as a sample or model; (c) they possess the quality and performance which the Purchaser may reasonably expect of goods of the same type, having regard to the nature of the goods and, where appropriate, to public statements on the specific characteristics of the goods made in this connection by the Supplier, the manufacturer or his agent or representative, in particular on advertising or labelling; (d) they are also suitable for the particular use intended by the Purchaser and which the Purchaser has brought to the Supplier's attention at the time of conclusion of the contract and which the Supplier has also accepted on the basis of conclusive facts.
11.4. The Purchaser shall forfeit all rights if he does not notify the Supplier of the lack of conformity within 2 months from the date on which the defect was discovered. The report is not necessary if the Supplier has acknowledged the existence of the defect or has hidden it.
11.5. In any case, unless proved otherwise, it shall be presumed that defects of conformity which become apparent within 6 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.
11.6. In case of lack of conformity, the Purchaser may, alternatively and without charge, according to the conditions indicated below, request the repair or replacement of the purchased goods, a reduction of the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Supplier pursuant to art. 130, paragraph 4, of the Italian Consumer Code.
11.7.The Supplier shall not carry out repairs, interventions, assistance in the places where the goods have been delivered with its own personnel or with third parties.
11.8. In case the conformity resides in a part of the purchased goods, upon agreement with the Client, the Supplier can proceed at his own expense with the sending of the spare parts necessary to restore the conformity of the product. The labour costs necessary to restore the product to conformity will remain the responsibility of the Client.
11.9. The request must be sent in writing, by recorded post or certified email (PEC), to the Supplier, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within 7 working days of receipt. In the same communication, if the Supplier has accepted the Purchaser's request, he will have to indicate the method of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
11.10. If repair and replacement is impossible or excessively expensive, or if the Supplier has not repaired or replaced the goods within the period referred to in the preceding paragraph, or if the replacement or repair previously carried out has caused the Purchaser considerable inconvenience, the Purchaser may, at his discretion, request an appropriate reduction in price or termination of the contract. In this case the Purchaser shall send his request to the Supplier, who shall indicate his willingness to carry it out, or the reasons preventing him from doing so, within 7 working days of receipt.
11.11. In the same communication, if the Supplier has accepted the Purchaser's request, he shall indicate the reduction of the proposed price or the modalities for returning the defective goods. In such cases it shall be the Purchaser's responsibility to indicate how the sums previously paid to the Supplier are to be refunded.
Article 12 Obligations of the Purchaser
12.2. The information contained in this contract has, however, already been viewed and accepted by the Purchaser, who acknowledges it, as this step is made mandatory prior to confirmation of purchase.
Article 13 Right of withdrawal
13.1. The right of withdrawal applies only to individuals, that is, those private consumers who act for purposes unrelated to their profession. There is no right of withdrawal for legal and natural persons acting, with reference to the purchase contract, in a professional context.
13.2. The Purchaser has the right to terminate the contract stipulated, without penalty and without specifying the reason, within 10 (ten) days from the day of receipt of the goods purchased.
13.3. Should the Purchaser decide to avail himself of the right of withdrawal, he must inform the Supplier by email to the Supplier's email, provided that such communications are confirmed by sending a letter by recorded post or certified email (PEC) to the Supplier's address within the following 48 (forty-eight) hours. The order number, invoice number, code and quantity of the items must be indicated if the withdrawal is partial (only in case of the purchase of more than one item) or total and the bank details to obtain the refund by bank transfer (Iban code of the invoice holder) or email for refund via PayPal/Credit Card. Between the Parties, the postmark affixed by the post office on the receipt issued will be considered as proof. For the purposes of exercising the right of withdrawal, the sending of the communication may be validly replaced by the return of the purchased goods, provided that the same terms are respected. The date of delivery to the post office or to the forwarding agent shall be considered as the date of delivery between the Parties.
13.4. Any exceptional returns (i.e. not provided for in the previous points) agreed with the management, will be downgraded by the net value of the product equal to 20% unless the resaleability requirements of the product are no longer met. In this case the return will not be refunded and will remain available for 10 days for collection and then be disposed of. (All transport and incidental expenses are to be borne in full by the Purchaser).
13.5. The return of the goods must in any case take place at the latest within 30 (thirty) days from the date of receipt of the goods. In any case, to be entitled to a refund, i.e. the full price paid excluding shipping costs, the goods must be returned intact and, in any case, in a normal state of preservation and in the original packaging.
13.6. The refund as specified in the previous point of this article, is to be understood as being only the price of the article sold, excluding shipping costs to and from the Purchaser, incurred by the parties.
13.7. The Purchaser may not exercise this right of withdrawal for contracts for the purchase of audio-visual products or sealed computer software, which have been opened by the Purchaser, as well as custom made or clearly personalized goods or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
13.8. The only expenses payable by the Purchaser for the exercise of the right of withdrawal under this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to bear them.
13.9. The Supplier will refund the entire amount paid by the Purchaser free of charge within 30 (thirty) days of receipt of the withdrawal notice, minus any shipping costs, additional charges and cash on delivery.
13.10. In the event of damage to the goods during the return transport, the Supplier will inform the Client of the incident (within 5 working days of receipt of the goods), to allow the Client to file a timely complaint against the courier chosen by him; in this case the product will be made available to the Client for its return, and the request for withdrawal and consequently the request for the refund, will be regarded as cancelled.
13.12. The right of withdrawal is totally forfeited, due to lack of the basic condition of integrity of the goods, in cases where the Supplier ascertains, upon receipt of the goods from the Client, by telephone interviews or by any other means available, that the following has occurred:
a) the improper use of the goods which has compromised their integrity or the use of any consumables;
b) the absence of the outer packaging and/or the original inner packaging;
c) the absence of integral elements of the product (accessories, screws, etc.).;
d) damage to the product for reasons other than transport;
e) excessive wear and tear not appropriate to the period of use.
13.14. The right of withdrawal cannot be exercised in the case of purchases of customized products according to the indications requested by the Client and for which finishes of sample colours or fabrics chosen or sent by the Client have been made, or for made-to-measure creations of any purchased product not present in the catalogue.
13.15. Upon receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to the provisions of the preceding points of this article.
Article 14 Grounds for termination
14.1. The obligations referred to in point 12.1, undertaken by the Purchaser, as well as the guarantee of the successful completion of the payment that the Purchaser makes with the means referred to in point 5.1, and also the exact fulfilment of the obligations undertaken by the Supplier in point 6, are essential, so that, by express agreement, the non-fulfilment of only one of these obligations, if not determined by circumstances beyond one's control or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial decision.
15.1. The Supplier protects the privacy of its clients and guarantees that the processing of data is in compliance with the provisions of the privacy regulations of European Regulation 679/2016, Legislative Decree no. 196 of 30 June 2003. Supplemented by Legislative Decree 101/2018.
16.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Purchaser that each order sent is stored in digital/paper form on the server/at the Supplier's premises according to criteria of confidentiality and security.
16.2. The Purchaser undertakes, once the online purchase procedure has been completed, to print and preserve this contract.
17.1. Written communications addressed to the Supplier and any complaints will only be considered valid if sent to the following address: ITALIAGROUP CORPORATE SRL Via dei Zattieri 21/D - 32014 PONTE NELLE ALPI (BL) ITALY , or sent by email to the following address email@example.com . The Purchaser shall indicate in the registration form his residence or domicile, telephone number or email address to which he wishes the Supplier's communications to be sent.
18.2. If the Parties intend to bring an action before the courts, the competent court is that of the place of residence or elective domicile of the Purchaser, which is mandatory pursuant to art. 33, paragraph 2, letter u) of Legislative Decree 206/2005.
19.2. For anything not expressly provided for herein, the provisions of the law applicable to the relationships and cases provided for in this contract, and in particular Article 5 of the Rome Convention of 1980, shall apply.
19.3. Pursuant to art. 60 of Legislative Decree 206/2005, the regulations contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are hereby expressly referred to.