General conditions of sale
The general conditions of sale and use written hereunder (referred to as “General Conditions”) apply only on the Italian territory and to all the sales of products supplied by Cleca Spa, through its domain www.nonsolobudino.it (hereinafter “Site”).
These conditions may be subject to change and the publication date of the conditions themselves on the Site coincides with the effective date.
The use of the Services is allowed to users (hereby referred to as “User” or “Customer”) that:
a) have read the processing of personal data policy;
b) have given the authorization for the treatment of data pursuant the Legislative Decree 196/2003;
c) accepted the General Conditions.
Within the meaning and for the purposes of articles 7 and 12 of the Legislative Decree 70 dated 9.4.2003, Cleca Spa informs you of the following:
the Service provider object of the General Conditions is Cleca Spa with registered office in Viale D. Alighieri, 30, 46010 San Martino dall’Argine (MN), Italy, tax code and VAT number 00395030208; pec firstname.lastname@example.org, registered at the Chamber of Commerce of Mantova at no. 130365, social capital of 1.000.000 euros.
The General Conditions will also be applicable to new types of Services, that will be provided by Cleca Spa in the future, unless otherwise stated at the time of registration or first supply of the new Service.
The User shall print a copy of the General Conditions and/or save them on a durable medium.
GENERAL INFORMATION AND SCOPE OF APPLICATION
The following General Conditions are applicable to all the sales made by Cleca Spa through the Site.
The offer and sale of the Products on the Site constitute a distance contract; the dispositions contained in the Legislative Decree no. 206 dated 6.9.2005 will be applicable “Consumer Code”), as well as the ones generally applicable to the type of service supplied by Cleca Spa by virtue of the Legislative Decree no. 70 dated 9.4.2003 on the services of information society and electronic commerce.
The Customer is required to carefully read these General Conditions that Cleca Spa provides, in downloadable format, at the beginning of this section of the Site and that will be accessible anytime by the Customer even through the link contained in each email of order confirmation in order to allow the reproduction and memorizing, as well as the other information that Cleca Spa provides on the Site, both before and during the buying procedure.
The General Conditions of sale can be edited anytime. Any change and/or new conditions will be effective from the moment of their publication in the Sale Condition section on the Site.
For this purpose, we invite Users to access the Site regularly and check the most updated version of the General Conditions.
PURCHASE ON THE SITE
The purchase of Products on the Site is only permitted for people who are 18 years old or over.
The purchase of Products on the Site is permitted both to clients who are Consumers and to clients who are not, that reside on the Italian territory.
Based on the art. 3, paragraph 1, letter a) of the Consumer Code, the Consumer is the physical person that acts for purposes unrelated to any business, commercial, professional or craft activity carried out.
The addition of the VAT number during the buying procedure is considered indicative of a purchase made for purposes related to business, commercial, professional or craft activities carried out.
If the subject buying on the Site requests an invoice and/or is not a “Consumer or User” as defined in article 3, paragraph 1, letter a) of the Consumer Code, the right of withdrawal from the present General Conditions and, more generally, the provisions that based on the Consumer Code itself are valid for the “consumers” will no longer be applicable.
The purchase of Products on the Site can be made with or without registering on the Site.
The Site registration is free. In order to register on the Site the Customer shall fill out all the requested fields in the appropriate form.
The purchase order can be made through the Site by selecting any product image and anyway following the steps and instructions specified on the Site itself. The applicable General Conditions are the ones in force at the time of placing the purchase order.
PURCHASE AND PAYMENT METHODS
The User may purchase only the products present on the Site at the time of placing the order and described in the related information pages. The contract stipulated between Cleca Spa and the Customer shall be considered concluded by the acceptance of the order issued by Cleca Spa. Such acceptance is communicated to the Customer via a confirmation email of the order itself containing the order date of receipt, the shipping and invoicing details, the list of the ordered Products along with their main features and the total price, any shipping cost or additional charges and the “Order Number” to be indicated in any communication with Cleca Spa.
In case of rejection of the order by Cleca Spa, the Customer will be informed via email to the address provided at the time of placing the order.
All the prices present in the Site shall be considered retail prices and, therefore, include taxes, with the exception of the section dedicated to “Professional” users that do not operate as Consumers such as defined in the Consumer Code – Legislative Decree no.206 dated 6.9.2005 – in which the products prices will have the vat exposed. Cleca Spa reserves the right to change the prices anytime, without prior notice.
The Customer guarantees that the personal details indicated during the registration procedure on the Site and during the purchase are complete, correct and true and agrees to indemnify and hold harmless Cleca Spa from any damage, compensation requests and/or any sanctions resulting from and/or in any way related to the User’s violation of registration rules or on the preservation of registration credentials.
The Site is automatically and constantly updated in order to ensure the best possible match between the stock availability and the one indicate on the Site.
However, it may happen, due to the possibility that more Users purchase at the same time the same Product, that such ordered Product is no longer available subsequently to the transmission of the purchase order.
In this case, the Customer will be promptly informed via email, the purchase order will be deleted and the Customer that already paid will be promptly given a refund of the total paid amount, including shipping costs and any other additional charges related to the order itself (see the section Payment Methods as well).
The User may pay the Products on the Site through different payment methods, as indicated in the purchase procedure (see the section Payment Methods).
Any additional charges related to a determined form of payment will be explicitly highlighted during the purchase procedure itself.
INFORMATION ON THE PRODUCTS
The information and the characteristics of the Products are available, with the related Products code, on the Site.
The visual representation of the Products on the Site, where available, usually corresponds to the photo image in support to the description. It is understood that the images of the Products themselves are for the sole purpose of presenting them for the sale and cannot represent their characteristics perfectly.
In case of a difference between the image and the written description, the latter must be considered valid.
TERMS OF DELIVERY
Cleca Spa delivers its Products through specialized couriers.
Any shipping cost are explicitly highlighted at the time of placing the order.
The shipping is made through courier, the times of delivery may vary depending of the destination. For shipping in Italy the deliveries may be made in a time span which varies from 24 to 72 hours business hours (Saturday and Sunday excluded), for international shipping the delivery may be made in a time span which varies from 4 to 10 business days.
Such terms begin from the time Cleca Spa entrusts the goods to the courier.
See the section “Shipping” to get to know the details of the terms of delivery.
Cleca Spa shall not be held responsible for any delay due to acts of third parties and/or to force majeure events.
Deliveries will be made at street level and during business hours.
At the time of receipt of the purchased products, the Customer is required to verify their integrity; if the customer has doubts about the integrity of the products or verified any tampering or visible damage must indicate it on the delivery receipt following the instructions provided in the section Shipping.
The Consumer Customer has 14 business days to verify the integrity of the good and communicate any damage in written form to the email address email@example.com eventuali danneggiamenti.
Cleca Spa will contact the customer and agree the actions to be taken.
For customers that requested an invoice and that made a purchase for purposes related to the business, commercial, professional or craft activity carried out, the time to ask for a return of damaged and/or tampered products is 2 business days starting from the date of delivery by the courier, communicating the will to return the goods via email to the address firstname.lastname@example.org.
For further information on return policies is also possible to check the section “Easy Return”.
RIGHT OF WITHDRAWAL
The Consumer has the right to withdraw from the contract, without any penalty and with no need to specify the reason, within 14 business days from the receipt of the purchased products, on the basis of correctness and good faith, and upon written notice via registered letter with acknowledgment of receipt to be sent to Cleca Spa, E-commerce Department, Viale D. Alighieri, 30 46010 San Martino dall’argine (MN) via email to the address email@example.com.
In the communication the Customer shall indicate the order number and the products which are intended to be returned.
For further information on return policies is also possible to check the section “Easy Return”.
The Consumer must arrange to ship the purchased products properly packed in their original package, via a carrier of their choice and at their own expense, within 14 business days from the manifestation of the will to return them. The deliver address for returns is: Cleca Spa, Viale D. Alighieri 30, 46010 San Martino dall'argine (MN), enclosing a copy of the order confirmation received via email.
In accordance with the provisions of the Consumer Code, Cleca Spa will proceed to forward the refund request of the amount due to the Consumer within 5 business days from the receipt of the returned products at our warehouse and following a check of the requirements set forth in this paragraph. The time for the refund varies depending on the method of payment used by the User.
The amount of the refund will be communicated via email and credited on the method of payment used by the User for the purchase or via bank transfer on the bank details that the Consumer communicates to Cleca Spa.
See the section “Method of payment” for further information on the procedures and refund time.
GUARANTEES AND OBLIGATIONS
The products offered on the Site comply with the national and community legislation in force in Italy.
Cleca Spa guarantees that products delivered will be equal to those indicate and descripted on the Site.
Under no circumstances Cleca Spa will be held responsible for the breach to any of the obligations deriving from these General Conditions if the breach is due to accident and/or force majeure, including, without limitation, natural disasters, terrorist acts, malfunction of the network and/or power failure.
Cleca Spa undertakes to correct any errors in the description of the products offered on the Site, in the shortest possible time, from the report of the errors themselves.
The report of such errors can be made contacting the Customer service at the toll-free phone number +39 03799222211 or via email at firstname.lastname@example.org
Any complaint must be submitted in writing to Cleca Spa, Viale D. Alighieri, 30, 46010 San Martino dall’argine (MN) or via email at email@example.com
CONTENTS OF THE SITE AND INTELLECTUAL PROPERTY RIGHT
Any reproduction, change, duplication, copy, distribution, sale or the use of the images of the contents of the Site is forbidden without prior authorization from Cleca Spa.
It is also prohibited the use of the contents of the Site for commercial and/or advertising purposes.
The distinguishing marks that characterize the products sold on the Site are registered trademarks.
Any use of those trademarks not compliant with the law and so not authorized is forbidden
Under no circumstances can the User alter, change, modify or adapt the Site or the material made available by Cleca Spa.
JURISDICTION AND APPLICABLE LAW
The sales contract between the Customer and Cleca Spa shall be considered stipulated in Italy and regulated by the Italian Law.
For the resolution of any civil and criminal disputes deriving from the conclusion of the present distance sales contract, if the Customer is the consumer, the territorial jurisdiction shall lie with the Court of the place where the user is resident; in any other case, it shall be subject to the exclusive jurisdiction of Mantova.