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General Terms and Conditions of Sale

General Terms and Conditions of Sale, effective from 15/03/2022.

PREAMBLE

This information is provided for the website https://www. sborgia. com (Site).

Seller's Data: Ferramenta Sborgia Paolo sas – Via Mare Adriatico, 36 – Santa Teresa di Spoltore (PE) – VAT Number 01332390689 – Email: online@sborgia. com – Tel: +39 085 497 1042 – Mobile: +39 392 980 7122 (Seller).

Art. 1 Scope of Application

1.1 The General Terms and Conditions of Sale apply to all sales made by the Seller on the Site.

1.2 Where the Site allows it, entering your tax code when making a purchase implies that you are acting as a Consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code (Legislative Decree 6 September 2005, no. 206). Please note that a Consumer is a natural person acting for purposes unrelated to any entrepreneurial, commercial, professional, or artisanal activity they may carry out. Conversely, if it is possible to enter a VAT number (yours or that of a legal entity), this implies a purchase as a “Professional,” pursuant to art. 3, paragraph 1, letter c) of the Consumer Code. A Professional is a natural or legal person acting in the exercise of their entrepreneurial, commercial, artisanal, or professional activity, or an intermediary thereof. The implications of purchasing as a Consumer rather than as a Professional will be described further in this document.

1.3 The terms indicated are to be understood as working days, excluding Saturdays, Sundays, and national holidays. The images and descriptions on the Site are to be considered as purely indicative. Colors may differ from the actual ones due to the settings of the IT systems or computers you use to view them.

1.4 The General Terms and Conditions of Sale may be modified at any time. Any changes and/or new conditions will be effective from the moment of their publication on the Site.

You are therefore invited to regularly access the Site and to consult, before making any purchase, the most up-to-date version of the General Terms and Conditions of Sale.

 

1.5 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.

1.6 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller who may be present on the Site through links, banners, or other hypertext connections.

1.7 Before conducting commercial transactions with such parties, it is necessary to verify their terms of sale.

1.8 The Seller is not responsible for the provision of services and/or the sale of products by such parties.

1.9 The Seller does not perform any control and/or monitoring of websites accessible through such links. Therefore, the Seller is not responsible for the content of such sites nor for any errors and/or omissions and/or legal violations committed by them.

1.10 You are required to carefully read these General Terms and Conditions of Sale as well as all other information provided by the Seller on the Site, including during the purchase process.

1.11 Unless otherwise agreed with the Seller, it is not possible to place orders via email on the Site. The Seller does not accept orders by phone, unless otherwise agreed with the customer.

1.12 All elements of the Site are the property of the Seller or third parties. Unless specifically authorized in writing by the Seller, it is prohibited to reproduce, in whole or in part and by any means, distribute, publish, transmit, modify, or sell all or part of the Site's content.

1.13 Under no circumstances shall the Seller be held liable to you or third parties for any indirect, incidental, special, or consequential damages. This includes, by way of example, any loss of profit or other indirect loss resulting from the use of the Site or the inability to use it. The Seller cannot guarantee nor assert: (i) that the Site is free from viruses or programs that may damage data; (ii) that the information contained on the Site is accurate, complete, and up to date.

Art. 2 Purchases on the Site

2. 1 To make purchases on the Site, it is necessary to follow the procedure provided on the Site itself, entering the data requested each time. The sales contract is concluded when the order reaches the Seller's server.

2. 2 You agree to immediately inform the Seller if you suspect or become aware of any unauthorized use or improper disclosure of any information you have entered on the Site.

2. 3 You guarantee that the personal information provided is complete and truthful and agree to hold the Seller harmless and indemnified from any damage, compensation obligation, and/or penalty arising from and/or in any way connected to the breach of this commitment. You agree to immediately inform the Seller if you suspect or become aware of any unauthorized use or improper disclosure of the access credentials to the Site.

2. 4 The Seller reserves the right to refuse orders from users who have previously violated these General Terms and Conditions of Sale or any legal provision.

2. 5 To place orders on the Site, it is necessary to read and accept these General Terms and Conditions of Sale by selecting the appropriate box present on the purchase procedure pages. Failure to accept these General Terms and Conditions of Sale will result in the impossibility of making purchases on the Site.

2. 6 On the Site: (i) alcoholic Products are not sold; (ii) adult products are not sold; (iii) food products are not sold.

2. 7 After the purchase, you will receive an order confirmation email.

2. 8 The contract is finalized with the shipment confirmation email

2. 9 Purchases made using the Scalapay payment method have a maximum limit of 1000 euros, including shipping and handling fees.

Art. 3 Product Availability

3. 1 The Products offered on the Site are limited in quantity. It may therefore happen, also due to the possibility that multiple users purchase the same Product simultaneously, that the ordered Product is no longer available after the purchase order has been submitted.

3.2 Information about Product availability is available on the Site.

3.3 You will be informed in case the ordered Product is unavailable. In this case, you will be entitled to terminate the purchase contract. However, please consider that before requesting contract termination, the Seller reserves the right to implement the following measures:

  • If restocking is not possible, the Seller will provide a different product of equivalent or higher value, subject to payment, in the latter case, of the difference, and upon the user's express acceptance.
  • If restocking is possible, an extension of the delivery terms offered by the Seller, with indication of the new delivery date.

 

3.4 If a refund is requested for amounts paid for Products that subsequently proved to be unavailable, the Seller will issue the refund within a maximum period of 5 days.

 

3.5 In the event that you exercise the right of termination, the contract is terminated. If payment of the total amount due, consisting of the Product price, shipping costs, if applied, and any other additional costs, as shown in the order (Total Amount Due), has already been made, the Seller will refund the Total Amount Due pursuant to the provisions of the article "Payment Methods".

Art. 4 Prices

4.1 Prices on the Site include VAT.

4.2 Furthermore, prices on the Site do not include the WEEE contribution as the Products sold are not subject to the related regulations.

4. 3 The Seller reserves the right to change the price of the Products at any time, without notice, provided that the price charged to You will be the one indicated on the Site at the time the order is placed and that any subsequent changes (increases or decreases) after the transmission of the order will not be taken into account.

4. 4 The free or paid nature of the shipping costs for the Products is indicated from time to time (during the purchase process, on the product page, or otherwise on the Site itself).

4. 5 The Seller will ship the Products only after receiving confirmation of payment authorization or the crediting of the Total Amount Due. Ownership of the Products will be transferred to You at the time of shipment, understood as the moment the Product is delivered to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, will instead be transferred to You when You, or a third party designated by You and different from the carrier, physically take possession of the Products.

4. 6 The purchase contract is resolutively conditioned on the non-payment of the Total Amount Due. Unless otherwise agreed in writing with You, the order will consequently be cancelled.

Art. 5 Payment Methods

5. 1 This article describes the payment methods available on the Site.

5. 2 On the Site, You can purchase using payment cards. The charge will be made only after (i) Your payment card details used for the payment have been verified and (ii) the issuing company of the payment card You used has granted authorization for the charge. In application of Directive 2015/2366/EU on payment services in the internal market (PSD2), users are informed that they may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution responsible for managing the online payment operation. The authentication criteria refer to the user’s identity (to satisfy this criterion, the user must be registered on the Site at the time of purchase) and the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the above-described procedure may result in the inability to finalize the purchase on the Site. The confidential payment card data (card number, cardholder name, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers used by the Seller. Therefore, the Seller never has access to or stores, even if you choose to save such data on the Site, your payment card details used for the payment of the Products. The Site footer indicates the symbols of the payment cards accepted on the Site.

5.3 It is possible to pay via bank transfer on the Site.

5.4 It is not possible to purchase via cash on delivery on the Site, unless otherwise agreed with the Seller.

5.5 Any alternative methods different from those indicated above are or will be described in this article.

  • It is also possible to make purchases on the Site using the PayPal payment solution. If you choose PayPal as the payment method, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure provided and governed by PayPal and the terms and conditions agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. Therefore, the Seller is not able to know and does not store in any way the payment card data linked to your PayPal account or the data of any other payment instrument connected to such account.

 

Art. 6 Delivery of Products

6.1 Delivery of the Products is provided in: There are no delivery restrictions, except for any exceptions indicated on the Site and/or in the Product Sheet

6. 2 The delivery obligation is fulfilled by transferring to You the physical availability or otherwise the control of the Product.

6. 3 Delivery time of the Products from the order submission: 5-10 days.

6. 4 The term indicated in art. 6. 3 is to be understood as indicative and not mandatory. The Seller therefore reserves the right to deliver the Products within 30 days from the order submission. It is Your responsibility to check the condition of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, transfers when You, or a third party designated by You and different from the carrier, physically take possession of the Product, the Seller recommends that You verify the number of Products received and that the packaging is intact, undamaged, neither wet nor otherwise altered, including the sealing materials, and You are invited, in Your interest, to note any anomalies on the carrier’s transport document, accepting the package with reservation. In case the packaging shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller.

6. 5 With reference to the possibility of requesting delivery of the Products to a "pickup point," the Seller informs You that the Site does not offer the option to collect the Product at a "pickup point" different from the address You provided during the purchase process. You are nevertheless encouraged to regularly access the Site to check if this delivery option becomes available later on the Site.

Art. 7 Right of withdrawal

7. 1 The user is invited to carefully review this article, which governs the right of withdrawal.

7. 2 The right of withdrawal is the Consumer’s right to terminate the purchase contract without being obliged to provide a reason. If You purchased as a Professional, the right of withdrawal does not apply, unless otherwise agreed with the Seller. Any exceptions to the right of withdrawal are set out in this article 7. If there are no exceptions to the right of withdrawal, this Article 7 shall apply in full.

7.3 If You qualify as a Consumer (and provided that no exceptions apply in this regard), You have the right to withdraw from the purchase contract of the Product without providing any reason and without incurring costs other than those specified in this Article within fourteen calendar days (Withdrawal Period). To exercise the right of withdrawal, You must inform the Seller of Your decision to withdraw before the Withdrawal Period expires. To this end, You may write to the Seller at the contacts indicated in the Preamble, or use the contact form possibly available on the Site. You will have exercised Your right of withdrawal within the Withdrawal Period if the communication concerning the exercise of the right of withdrawal is sent by You before the Withdrawal Period expires. Unless otherwise agreed, the direct costs of returning the Products shall be borne by the Consumer, as well as the responsibility for their transport. In case of exercising the right of withdrawal, the Product must be delivered to the Seller's premises, or to a different address communicated by the Seller. The Withdrawal Period expires after 14 days:

  • in the case of an order relating to a single Product, from the day on which You or a third party, other than the carrier and designated by You, acquires physical possession of the Products;
  • in the case of a Multiple Order with separate deliveries, from the day on which You or a third party, other than the carrier and designated by You, acquires physical possession of the last Product; or
  • in the case of an order relating to the delivery of a Product consisting of multiple batches or pieces, from the day on which You or a third party, other than the carrier and designated by You, acquires physical possession of the last batch or piece.

7.4 If withdrawal is applicable, the Seller shall refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any event no later than 14 calendar days from the day on which the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment method used for the initial transaction. In the event that the Products have been shipped using a carrier chosen by the Consumer and at the Consumer's expense, the Seller may suspend the refund until the Products are received or until the Consumer provides proof of having returned the Products, if earlier. The Consumer is only responsible for any diminished value of the goods resulting from handling the Product in a way other than what is necessary to establish the nature, characteristics, and functioning of the Product. The Product must, in any case, be stored, handled, and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and instruction leaflets, with identification tags, labels, and the single-use seal, where present, still attached to the Product and intact and unaltered, as well as perfectly suitable for the intended use and free from signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product. In the event that the Product for which the withdrawal has been exercised has suffered a reduction in value resulting from handling the goods in a way other than what is necessary to establish the nature, characteristics, and functioning of the Product, the Seller reserves the right to deduct from the refund amount a sum equal to such reduction in value. The Seller will notify this circumstance and the consequent reduced refund amount, providing, in the event that the refund has already been paid, the bank details for the payment of the amount owed by the user due to the reduction in value of the Product. If the withdrawal has not been exercised in accordance with the applicable regulations, it will not result in the termination of the contract and, consequently, will not entitle the Consumer to any refund.

7. 5 In light of the above, the Seller deems it appropriate to highlight that the costs of returning the Product will be borne by and are the responsibility of the Consumer.

Art. 8 Legal Warranty of Conformity

8.1 The Legal Warranty of Conformity is reserved for the Consumer. Therefore, it applies only to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity they may carry out.

8.2 The Seller is responsible towards the Consumer for any non-conformity defect of the Product that appears within two years from delivery. The action to assert defects not fraudulently concealed by the Seller shall, in any case, expire within twenty-six months from the delivery of the good.

8.3 Unless proven otherwise, it is presumed that non-conformity defects that appear within twelve months from the delivery of the Product already existed at that date, unless such presumption is incompatible with the nature of the Product or the nature of the non-conformity defect. From the twelfth month following the delivery of the Product, it will instead be the Consumer's burden to prove that the non-conformity defect already existed at the time of delivery.

8.4 In case of a non-conformity defect of the good, the Consumer has the right to have the conformity restored, or to receive a proportional reduction of the price, or to terminate the contract based on the conditions established by art. 135-bis and following of the Consumer Code.

8.5 The Seller is not responsible for any damages, of any kind, resulting from improper use of the Product and/or use not in accordance with the instructions provided by the manufacturer, nor for damages resulting from fortuitous events or force majeure.

8.6 If you made the purchase as a Professional, the preceding paragraphs of this article do not apply. In this case, the legal warranty is governed by articles 1490 et seq. of the Civil Code; in particular, the term to report any defects is 8 days from discovery and the action expires 1 year from delivery.

Art. 9 Manufacturer's Warranty

The Manufacturer's Warranty is an additional warranty to the Legal Warranty of Conformity that may be provided by the Seller on the Products. Except as may be indicated on the Site, the Products sold on the Site are not covered by the Manufacturer's Warranty. You may, in any case, enforce your rights under the Legal Warranty of Conformity governed by the previous article.

Art. 10 Applicable Law and Jurisdiction; Out-of-Court Dispute Resolution – Alternative Dispute Resolution/Online Dispute Resolution

10.1 Purchase contracts concluded through the Site are governed by Italian law.

10.2 The application of any more favorable and mandatory provisions established by the law of the country where consumers who do not have their habitual residence in Italy reside is reserved.

10.3 It is recalled that, in the case of a Consumer user, for any dispute relating to the application, execution, and interpretation of this document, the competent court is that of the place where the user resides or has elected domicile.

10.4 In the case of a professional user, for any dispute relating to the application, execution, and interpretation of this document, the competent court is that of the Seller’s registered office as provided in the Preamble.

10.5 The Seller informs the user who qualifies as a Consumer that, if the Consumer has submitted a complaint directly to the Seller and the dispute arising therefrom has not been resolved, the Seller will provide information regarding the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes relating to obligations arising from a contract concluded under these General Terms and Conditions of Sale (ADR bodies), specifying whether or not it intends to make use of such bodies to resolve the dispute.

10.6 The Seller also informs the user who qualifies as a Consumer that a European platform for the online resolution of consumer disputes (the so-called ODR platform) has been established. The ODR platform can be accessed at the following address http://ec. europa. eu/consumers/odr. Through the ODR platform, the Consumer user will be able to consult the list of ADR bodies, find the link to each of their websites, and initiate an online dispute resolution procedure in which they are involved.

10.7 The Consumer user's right to bring the dispute arising from these General Terms and Conditions of Sale before the competent ordinary court is in any case reserved, regardless of the outcome of the out-of-court dispute resolution procedure relating to consumer relations through the procedures referred to in Part V, Title II-bis of the Consumer Code.

The user residing in a Member State of the European Union other than Italy may also access, for any dispute relating to the application, execution, and interpretation of these General Terms and Conditions of Sale, the European procedure established for small claims disputes by Council Regulation (EC) No 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights, and costs, Euro 5,000.00. The text of the regulation is available on the website http://www. eur-lex. europa. eu.

Art. 11 Customer Service

11.1 It is possible to request information, send communications, request assistance, or submit complaints by contacting the Seller at the contacts indicated in the Preamble, or by using the contact form, if available, on the Site.

11.2 The Seller responds within an indicative time of 3 days.

Art. 12 Miscellaneous

12.1 This document fully governs the relationship between you and the Seller. In any case, the rights and obligations provided by the applicable law from time to time are reserved.