The offer and sale of Products on the website "www.shopcortina.com" are regulated by the following General Terms and Conditions of Sale, also in accordance with what is provided by Dlgs 21.2.2014 n. 21 regarding the changes in Title III, Part III, of Dlgs 206/2005. The products purchased on "www.shopcortina.com" are provided by Exclama s.r.l., located in Vascon di Carbonera (TV), Via G. Bortolan n. 44, registered with the Chamber of Commerce of Treviso under the number Tv-324180 of the Register of Companies, VAT and Tax Code: IT 04116660269, telephone 0422/447701, fax 0422/447705, email ordini@exclama.it hereinafter referred to as "Seller" or "Supplier".
1. DEFINITIONS
1.1 For "online sales contract", it means the sales contract for the Products of the Seller, entered into between them and the Consumer, hereinafter referred to as the Buyer, in the context of a distance selling system organized by the same Seller through electronic tools, and regulated by these General Terms and Conditions of Sale.
1.2 "Buyer" means the individual who makes the purchase for purposes not related to any business, commercial, craft or professional activity that may be carried out. Any contracts concluded with subjects other than the Buyer will be governed by Dlgs 70/2003 and the provisions on sale, as per art. 1470 et seq. c.c.
1.3 "Supplier/Seller" means the subject indicated in the heading.
2. SUBJECT OF THE CONTRACT
2.1 With the online sales contract, the Supplier sells and the Buyer purchases by paying the relevant price the goods indicated and offered for sale on the website www.shopcortina.com, covers and accessories for smartphones and tablets (hereinafter referred to as "Products").
2.2. The General Sales Conditions exclusively govern the offer, submission and acceptance of purchase orders for Products on tribe-tech.com. The General Sales Conditions do not apply to the supply of services and/or the sale of products by subjects other than the Seller that are present on the website through links, banners or other hypertext connections.
3. CONCLUSION OF ONLINE SALE CONTRACT
3.1 To make a purchase, the Buyer must select one or more Products to be placed in their cart and submit the electronic order form provided by PayPal, electronically, following the instructions provided. Before transmitting the "Paypal cart" order form, the Buyer is prompted to identify and correct any errors in the data entry.
3.2 The order form does not contain the full General Sales Conditions, but rather refers to them, and includes a summary of the ordered Products, the relative price (including all applicable taxes or duties), the payment methods that can be used to purchase each Product, and the shipping costs. Before sending the order, the Buyer is required to carefully read these General Sales Conditions and related information as it is a mandatory step for the completion of the order as indicated in the next Article 9.3.
3.3 The online sales contract is concluded when the Seller receives the order form and payment for the Products from PayPal, with the corresponding credit to their PayPal account. The contract is not considered to be perfected and effective if all the conditions of the previous points are not met.
3.4 Once the online sales contract is concluded, the Seller takes charge of the purchase order and sends a confirmation email for the receipt of the order. The Seller reserves the right to request additional information from the Buyer for the billing of the Products. In the absence of the requested information, the Seller has the right to not accept the order.
3.5 By electronically transmitting the order form, the Buyer confirms that they know and accept the General Sales Conditions and any additional information contained in shopcortina.com, even if they are referenced via a link, including the Privacy Policy. If the Buyer does not wish to accept these conditions, they are asked not to submit the order form and not to purchase Products on shopcortina.com.
3.6 The order form will be stored by PayPal for the period of time necessary for the completion of the transaction. The Buyer will receive a printable summary of the purchase order from PayPal, with the assignment of a specific identification number, which should be used in any further communication with the Seller.
3.7 The Seller may not fulfill purchase orders that are incomplete or incorrect, or in case of unavailability of the Products. In all these cases, the Buyer will be informed by email that the contract is not concluded and why. If the Products on shopcortina.com are no longer available, the Seller will notify the Buyer via email within 15 (fifteen) days of the day following the transmission of the order. If the order form and payment of the price are sent, the Seller will refund the amount already paid to the Buyer, through a credit to the credit card used for the purchase or to the Buyer's PayPal account.
4. PAYMENT METHOD
The payment of the price of the products and the related shipping costs can be made by the Buyer via cash on delivery, credit card or through one of the methods indicated in the order form provided by PayPal. For additional information on using PayPal, the Buyer can visit the website www.paypal.it.
5.DELIVERY TIMES AND METHODS
5.1 The Seller accepts orders that include delivery both within Italy and worldwide. For all products delivered, the Seller issues the invoice with the information provided by the Buyer. Unless otherwise agreed upon by the parties, the Seller is obligated to deliver the goods at the latest within 30 (thirty) days from the date of conclusion of the contract.
5.2 The Seller uses the express courier DHL, BRT, FedEx (hereinafter referred to as the "Courier") for the delivery of the Products. The Seller entrusts the Products to the Courier within five working days of accepting the order and, in any case, no later than the next five working days, packaged in the original manufacturer's packaging or sealed boxes with tape marked by the Seller, or sealed plastic bags with the logo of the Courier used. 5.3 Deliveries are made on working days, from Monday to Friday (hereinafter also "Business Day/s"). The delivery times of the Courier to the Buyer's address are indicated on their website and are still indicative, being subject to change due to force majeure, adverse traffic and road conditions, strikes or acts of authority.
5.4 At the time of delivery of the goods by the Courier, the Buyer is required to check: - that the number of parcels delivered corresponds to what is indicated in the Courier's accompanying document; - that the packaging is intact, not damaged, wet or altered. Once the Courier's transport document is signed, the Buyer will no longer be able to contest any issues regarding the external condition of the delivered Products. 5.5 The Buyer is required to pay a contribution for the delivery costs that will be specified during the ordering process. Standard delivery. The delivery is made on the street side on business days from Monday to Friday from 8:30 am to 6:00 pm. The Courier makes a first delivery without prior notice. In case of absence of the Buyer, the Courier leaves a notice (slip in the mailbox or sticker on the doorbell) and attempts delivery again the next working day.
6. PRICES
6.1 The sale prices of the Products displayed and indicated on the website www.shopcortina.com include VAT and any other taxes. The shipping costs and any additional charges, if present and not included in the purchase price, are indicated and calculated in the purchase procedure and also contained in the summary of the order, which is sent by PayPal to the Buyer.
6.2 The prices of the Products may be updated and changed. The Buyer is required to check the final selling price before submitting the order.
7. LIMITATIONS OF LIABILITY
7.1 The Seller shall not be liable if it is unable to execute the order within the time frame provided for in the contract due to force majeure or any other causes that are not attributable to it.
7.2 The Seller shall not be held liable to the Buyer for any service disruptions or malfunctions related to the use of the internet network that are outside of its control and, in any case, not attributable to it as a result of gross negligence or intent.
7.3 The Seller shall not be liable for any damages, losses and costs suffered by the Buyer as a result of the non-performance of the contract due to causes not attributable to it as a result of gross negligence or intent. In any case, the Buyer shall have the right to a full refund of the price paid and any additional charges incurred.
7.4 The Seller shall not be liable for any fraudulent or illegal use that may be made by third parties of the credit cards and other payment methods used by the Buyer, if it can prove that it has taken all possible precautions based on the best science and experience at the time and based on normal diligence.
7.5 In no case shall the Buyer be held liable for delays or mishaps in payment if it can prove that it has made the payment within the times and in the manner indicated by the Seller.
WARRANTIES AND SELLER'S LIABILITY
8.1 All products sold on shopcortina.com are covered by the official manufacturer's warranty, in accordance with Article 114 of Legislative Decree no. 206 of 6-09-2005 (Consumer Code).
8.2 The Seller is liable for damage caused by defects in the sold item if they fail to communicate to the damaged party, within three months of the request, the identity and address of the manufacturer or the person who supplied the item.
8.3 The claim for damages must be made in writing and must indicate the Product that caused the damage, the place and date of purchase; it must also contain an offer to view the Product, if still existing.
8.4 The Seller cannot be held liable for the consequences of a defective Product if the defect that caused the damage did not exist when the manufacturer placed the product on the market, if the defect is due to the conformity of the Product to a legal imperative or a binding measure, or if the state of scientific and technical knowledge, at the time when the manufacturer placed the Product on the market, did not yet allow the product to be considered defective.
8.5 No compensation will be due if the damaged party was aware of the defect of the Product and the danger that derived from it and yet voluntarily exposed himself to it.
8.6 The Seller also provides, in relation to Products, the legal guarantee of conformity to the conditions and within the terms provided for in Arts. 128 and following of the Consumer Code. The rights arising from this guarantee can be exercised by the Buyer provided that the Products have been used correctly, with due diligence and in compliance with the intended use and what is provided for in the enclosed instructions, as well as upon presentation of the documentation received with the same and indication of the details of the relative order.
9. OBLIGATIONS OF THE BUYER
9.1 The Buyer undertakes to pay the price of the Product purchased in the times and ways indicated in these General Sales Conditions.
9.2 The Buyer undertakes, once the online purchase procedure is completed, to print and keep the General Sales Conditions, as well as the order form and the summary of the order sent by Paypal.
9.3 The information contained in these General Sales Conditions have also been reviewed and accepted by the Buyer, who acknowledges this, as this step is mandatory before confirming the purchase, under previous points 3.2 and 3.5.
10. RIGHT OF WITHDRAWAL
10.1 The buyer has the right to withdraw from the contract without penalty and without specifying the reason within 14 (fourteen) working days from receipt of the purchased item.
10.2 If the buyer decides to exercise the right of withdrawal, he/she must inform the seller by registered letter to Exclama s.r.l., Via Bortolan n. 44, 31050 Vascon di Carbonera (TV), anticipating the communication via email to the address: ordini@exclama.it.
10.3 The buyer will ship the Product carefully packaged in the original packaging, complete with all accessories, instruction manuals and all originally contained.
10.4 The return of the item must take place no later than 14 (fourteen) days from the date on which he/she informed the seller of his/her decision to withdraw.
10.5 To be entitled to a refund of the price paid, the item must be returned intact and, in any case, in normal condition. The right of withdrawal is completely forfeited if the returned product is not complete, or if: - the original packaging is missing - there are missing parts of the product (accessories, cables, instruction manuals, etc.) - the product is damaged due to causes other than transport.
10.6 In the case of a partial withdrawal for the purchase of multiple products, the Delivery Charge possibly incurred by the buyer will not be refunded.
10.7 The only costs incurred by the buyer for the exercise of the right of withdrawal, as provided for in this article, are the costs of returning the item to the seller.
10.8 After the return of the Products, the seller will carry out the necessary checks regarding their integrity and compliance with the conditions contained in the previous articles. If the checks are concluded positively, the seller will send the buyer, via email, confirmation of acceptance of the returned Products and will proceed to cancel the order and issue the relevant credit note. 10.9 The seller will refund the entire amount paid by the buyer, through the re-credit of the credit card used for the purchase or in the buyer's PayPal account or by bank transfer in case of cash on delivery, which will be made as soon as possible or, in any case, within 14 (fourteen) days from receipt of the withdrawal notice. 10.10 With receipt of the communication in which the buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, except as provided for in the previous points of these general conditions of sale.
11. COMUNICATIONS AND COMPLAINTS
11.1 Any complaints regarding the delivery of Products and their characteristics at the time of delivery must be reported to the Seller by calling 0422/447701 or by emailing ordini@exclama.it. Complaints should contain a description of their subject and the reasons on which they are based.
11.2 Damaged Products or non-matching parcels: any external damage or non-matching number of parcels must be immediately contested with the Courier, by writing "delivery accepted with reservation" on the accompanying document of the courier and must also be reported, within 8 days, through the above means of communication.
11.3 Delivery delays: delays can be reported within 6 days of the missed delivery compared to the scheduled delivery date.
11.4 The Buyer must indicate their residence or domicile, telephone number or email address to which the Seller should send communications.
12 APPLICABLE LAW
12.1 This contract is governed by Italian law. The unchangeable territorial jurisdiction is that of the judge of the place of residence or domicile of the Buyer if located in the territory of the State, except for the presence of mandatory laws in favor of foreign Buyers.
12.2 The Seller does not use for the resolution of disputes the extra-judicial settlement bodies provided for by art. 19 of D.Lgs. 70/2003; therefore, any disputes regarding the online sales contract will be under the jurisdiction of the Ordinary Judge, except for the presence of different mandatory laws on the matter.
13 FINAL CLAUSE
13.1 This contract supersedes and replaces any agreement, understanding, negotiation, written or oral, that took place before between the parties and concerning the object of this contract.
13.2. Any causes of invalidity and/or inefficiency of individual clauses shall not affect the validity and/or efficiency of the entire document.