CONTRACT TERMS AND CONDITIONS
These general conditions of online sale (hereinafter "CGV") govern the contract of sale (hereinafter, the "Contract") of the products (hereinafter, the "product" or "products") offered by:
ILAB of Urso Rosario
V.le dei Platani 26 93017 - San Cataldo (CL) Italy
Fiscal Code and VAT number 01267650859
through its Internet site www.mondoluce.it (hereinafter, the "website") to users of the site (hereinafter, the "customers" or the "customer"). These general conditions of sale have as their object the definition of the rights and obligations of the parties in the context of a distance sale of goods offered in the online store www.mondoluce.it in accordance with the current regulation on e-commerce and distance contracts.
ILAB di Urso Rosario is an official authorized dealer of all the Brands on the site.
ILAB of Urso Rosario V.le dei Platani 26 93017 - San Cataldo (CL) Italy
Fiscal Code and VAT number 01267650859
Tel: +39 0934 587158
The customer declares to have read all the above information and general conditions of sale, before placing the order.
1. Acceptance General Sales Conditions The customer, with his purchase order, unconditionally accepts and undertakes to observe in his dealings with the ILAB of Urso Rosario., The general and payment conditions indicated below, declaring to have read and accepted all indications provided to him, also acknowledging that the application of any other clause is excluded unless the same are previously agreed in writing with the ILAB of Urso Rosario
2. Territory and coverage of the offer The present version of the general conditions of sale refers to sales made to consumers having their domicile or residence in Italy and abroad.
3. Client's obligations The General Terms and Conditions of Sale must be examined ON LINE by the customers of the mondoluce.it store before placing an order, whatever the telematic way of completing the order (telephone, email, internet, other). The submission of the order confirmation therefore implies full knowledge of these General Terms and Conditions of Sale and their full acceptance. The customer agrees, also, once the purchase procedure is concluded, to print and keep these general conditions of sale, already viewed and accepted during the whole purchase process. The Customer provides for the purchase of products by consulting the descriptive and technical sheets present ON-LINE and is therefore solely responsible for the choice and suitability of the product for the purpose.
4.Assumption of responsibility It is the responsibility and the obligations of the buyer to inquire about the specific compatibility of what is intended to purchase with their needs. The technical and functional characteristics related to the products published by ILAB of Urso Rosario through their informative messages on the internet pages describing the articles are those communicated by the respective producers. The ILAB of Urso Rosario assumes no responsibility for the truthfulness and completeness of such information. The images of the products are indicative and not binding. The Products are not supplied on trial. Although the Website can provide information on the characteristics of the Products, the Customer is responsible for the selection of the Products ordered and the compliance and conformity of the specifications indicated by each manufacturer to their needs. The photographs of presentation of the products accompanying the descriptive information are published on the website for descriptive purposes, taking into account the fact that the quality of the images, including an exact visualization of the color variations, may depend on software and computer tools used by the client at the time of connection to the site. Icoshop assumes no responsibility for the problems caused to the customer by the use of the site and the technologies used as they are not dependent on their own will.
5. Prices The purchase is made by the customer and relates to the products as illustrated and described on-line in the relative descriptive and technical sheets (the images are indicative). The price established for purchase is fixed and final. It does not include separately invoiced delivery costs, which will be indicated in the order confirmation. For deliveries in the European Union, prices are inclusive of VAT applicable on the day of the order. Therefore, VAT is included. No other customs tax or VAT will be payable for delivery within the European Union. Any change in the applicable rate may affect the selling price of the products in the catalog. For deliveries outside the European Union, the customer must pay customs duties, VAT or other taxes related to the import of products in the country where the delivery will be made. The related formalities are exclusively charged to the customer, unless expressly agreed otherwise to be agreed specifically with the company ILAB of Urso Rosario, prior to purchase. The customer is solely responsible for verifying the possibility of importing the ordered products with regard to the territory law of the country of delivery.
6. Payment and invoicing The customer undertakes to pay, if necessary, and this directly to the courier or to the carrier, customs duties, VAT or other taxes related to the import of products in the countries where the delivery will take place. The payment of the purchased products and the relative shipping costs must be made by the customer using these methods: Credit Card, Paypal, Bank Transfer. (The various options on payment instruments may be further specified by the ILAB company of Urso Rosario during the purchase procedure) Payment by bank transfer is subject to the following conditions: The bank transfer must be received within 10 working days from the date of 'order. Beyond this date the order will be considered revoked and in any case not to be executed. The goods will be shipped only after verifying the accreditation at our bank account. The Products ordered remain the property of ILAB of Urso Rosario until the final payment and in full of their price (pursuant to Art. 1523 and following of the Civil Code). ILAB di Urso Rosario reserves the right to claim the ordered Products in case of non-payment. In this hypothesis and at the request of ILAB of Urso Rosario, the Customer undertakes to return any unpaid Product, with expenses at its own expense. Each order of the Products transmitted to mondoluce.it constitutes a contractual proposal of the Customer. The fulfillment of the order by mondoluce.it is equivalent to confirmation and acceptance of the same. The tax documentation relating to the Products ordered will be issued by ILAB of Urso Rosario at the time of shipment of the Products to the Customer. The buyer customer undertakes to provide the exact indications for the shipping and billing address; in case of incorrect sending of such data, any additional costs of recovery and reshipment are charged to the buyer customer.
7. Delivery of products and execution of the order The products purchased will be delivered by ILAB of Urso Rosario by courier or carrier, to the address indicated by the Customer as the destination address. The choice on the various shipping methods will be made by the Customer at the time of purchase. For our shipments we rely on the service of express couriers qualified to ensure the quality of service and integrity of the Products. The duly packed goods travel on behalf of and at the risk of the purchaser from the moment of delivery to the carrier. At the time of delivery, the customer must verify the integrity of the packages. In case of delays, breakdowns, total or partial losses, the customer has the right to appeal to the carrier without explicitly excluding the responsibility of the ILAB of Urso Rosario. Therefore, at the time of delivery, the company ILAB Urso Rosario recommends the customer to proceed with the verification of the status of the products delivered before signing the notice of receipt of the package. Once the acceptance signature is affixed, it will no longer be possible to contest any damage or aesthetic anomalies reported on the products. We remind customers that it is their duty to open the contents of the packaging, especially if there are signs of damage or tampering on it. If he finds any anomalies in the product, the buyer must refuse the delivery of the products or accept them by putting in writing in the acknowledgment of receipt their reservations, detailed and dated. A copy will be sent to ILAB of Urso Rosario, V.le dei Platani 26 93017 - San Cataldo (CL) Italy. Normally deliveries take place within 3/4 days for Italy and 8/10 days for European destinations only for products available in stock. Deliveries for products not available in stock take place within 1/8 weeks of receipt of the accreditation. The shipping terms indicated on the site, although carefully evaluated, must be considered non-binding for ILAB of Urso Rosario, which can subsequently confirm or modify them, according to their actual needs. Shipping times are shown in working days. Delivery times are indicative if there are no physical or structural impediments (eg incorrect addresses) or force majeure events such as strikes, natural disasters, problems related to transport / supply / manufacture, exchange rate fluctuations, government actions and / or regulations. If the event of force majeure persists for more than two months compared to normal delivery times, each Party will have the right to withdraw from the contract, without any compensation being due to the other party. Delivery is considered as executed from the moment the Product is delivered to the Customer. The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, will constitute proof of transport and release of the goods. In the event of an error related to the Product, the Customer undertakes to return said Product or Products interested to ILAB of Urso Rosario within 7 (seven) days of receipt, provided that they are returned with the closed packaging, in their original state and packaging with the accompanying documents. The delivery of the products, unless otherwise specified, always means on the street level. The customer, by purchasing, accepts these conditions.
8. Availability of products The definition of the warehouse on the virtual store is purely hypothetical; in fact, it may happen that a purchased item is temporarily not present. In this case mondoluce.it ensures the regular processing of the order made reserving the right to request the goods temporarily not present at its suppliers. In this case, the purchaser will not be able to exercise the right of withdrawal due to the lack of immediate delivery, or rather late delivery compared to what is explicitly reported in the product data sheet. The customer by purchasing accepts these conditions.
9. Collection of products in case of absence of the customer In case of absence of the recipient during the delivery, the carrier will leave a notice of passage to the delivery address indicated by the customer. The products must be picked up at the address and in the manner indicated by the carrier. In case of non-collection within the deadline set by the carrier, the products will be returned to ILAB of Urso Rosario. In this case the customer will not be entitled to any refund. The costs related to the transport of products returning to ILAB Urso Rosario will be charged to the customer.
10. Right of withdrawal The customer, if qualifiable as a consumer (natural person acting for purposes unrelated to business, commercial, craft or professional activity), has a period of fourteen days to withdraw from the distance contract without having to provide no motivation and without having to pay costs other than those indicated in these conditions. The right of withdrawal referred to in the previous point must be exercised by the Customer, by sending a registered letter to. to ILAB of Urso Rosario V.le dei Platani 26 93017 - San Cataldo (CL) Italy, under penalty of forfeiture, within the term of 14 (fourteen) days starting from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the goods. The above communication can be sent, within the same term, also by telegram or fax to ILAB of Urso Rosario at the number +39 0934 587158, provided that it is confirmed, by registered letter, within 48 (forty eight) hours after sending telegram or fax. For the exercise of the right of withdrawal, and always in compliance with the methods described above, the customer may also use the form attached to these terms of sale. The right of withdrawal above is excluded and, therefore, can not be exercised by the Customer: - in the case of supply of goods made to measure or clearly personalized; for such must be understood all those goods and products with respect to which these characteristics and the consequent exclusion of the right of withdrawal will be reported to the consumer at the time of the purchase order and before it is forwarded to the ILAB of Urso Rosario. - in the event that the Products purchased if the items being sold were ordered and produced expressly on the customer's order. All returns (which must be perfectly intact and accompanied by the original packaging) must be authorized by Customer Service. The product must be returned in its original packaging. It must not have been used, nor have suffered minor damage and be in a state of perfect cleanliness. Once the return has been authorized, the Customer can send the Product back to the following address: ILAB of Urso Rosario V.le dei Platani 26 93017 - San Cataldo (CL) Italy. Cash on delivery parcels will not be accepted. Once received the Products (and verified their integrity) ILAB of Urso Rosario will provide, within the shortest possible time, within a maximum of 14 days, to reimburse the customer the sums paid which for this purpose will provide, communicate to mondoluce.it their Bank account details. The seller undertakes to reimburse the buyer consumer for the same due on the basis of current legislation. Following receipt mondoluce.it will examine the goods to verify the existence of any damage or tampering (substantial integrity is an essential condition for the exercise of the right of withdrawal). In case of damage to the goods during the transportation of the goods in return, ILAB of Urso Rosario will inform the Customer of the event (within 5 working days from receipt of the goods in their warehouses), to allow him to take any appropriate initiative towards the courier chosen by him and obtain the reimbursement of the value of the asset (if insured); in this case, the Product will be made available to the Customer for his return, simultaneously canceling the request for withdrawal. ILAB di Urso Rosario is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments. During the withdrawal period mentioned in article 10, the Customer is responsible for the object as a custodian. In case of damage or destruction of the Product during the custody of the Customer, the right of withdrawal will expire. All shipping and packing costs for the return of the goods are charged to the Customer (as required by Article 67 paragraph 3 of Legislative Decree No. 206 of 06/09/05).
11. Substitutions The practice of replacing defective or damaged parts will be initiated as soon as we receive the photographic documentation produced by the customer who must be received in the immediate period following delivery. However, it will be our commitment to operate with the utmost speed in order to reduce waiting times.
12. Return of defective or damaged goods In the case of defective goods, the same can be returned to ILAB of Urso Rosario within 7 days of delivery. The shipping and packing costs for the return of the shipment are charged to the ILO of Urso Rosario. The defective goods will be replaced or refunded if it is not possible to replace it with the same product. Should the Customer receive packages visibly damaged by the courier and / or carrier (broken or visibly damaged packaging), the following will be done: - If there are more packages, the customer will have to reject only the damaged package to the sender. We will then contact the customer and arrange replacement and / or refund. - If instead it is a consignment of a single package, reject the shipment to the sender and as a first step it will be our care to contact the customer and arrange replacement and / or refund. In case of exhaustion of the broken product, the Customer will be contacted for a possible replacement with an article of equal value and characteristics available or alternatively for the return of the sums paid.
13. Complaints Complaints for non-compliance of the Products delivered with the order must be received in writing directly to ILAB of Urso Rosario, immediately and in any case, under penalty of forfeiture, no later than three days after receipt of the goods. The Customer must keep the original packaging and the delivery document.
14. Warranty - ILSO Technical Support by Urso Rosario guarantees the only material integrity of the Products at the time of delivery. Any defects covered by the ILAB Guarantee of Urso Rosario must be reported by the Customer, under penalty of forfeiture, no later than 10 (ten) days from the date of delivery. In case of operation of the Urso Rosario ILAB Guarantee, the Customer will have the right to only replace the damaged Products upon return of the same, being excluded the right of the Customer to compensation for any damage, even further. The shipping costs necessary for the replacement of Products are borne by ILAB of Urso Rosario ILAB of Urso Rosario does not lend any additional warranty on the Products compared to that provided by individual manufacturers. Technical assistance and warranty interventions on the Products are carried out, where provided, by the individual producers, according to the terms and procedures indicated in the documentation attached to the Products themselves. In particular, ILAB di Urso Rosario does not give any guarantee regarding the compatibility of the Products with other products or equipment used by the Customer, nor does it provide any guarantee regarding the suitability of the Products for the specific use envisaged by the Customer. Without prejudice to the hypothesis of willful misconduct or gross negligence of Urso Rosario ILAB is already agreed that, if the responsibility of ILAB of Urso Rosario is ascertained in any way against the Client - including the case of non-compliance, total or partial, to the obligations assumed by ILAB of Urso Rosario towards the Customer due to the execution of an order - the responsibility of ILAB of Urso Rosario can not be higher than the price of the Products purchased by the Customer and for which the dispute arose.
15. Protection of personal data ILAB Urso Rosario is the owner of the personal data collected at the time of registration on the site, as well as those subsequently communicated at the time of purchase by the customer, except for the data related to the payment procedure for the which are referred to the banking institutions through which the transaction takes place. For information regarding the processing of personal data, including the rights referred to in art. 7 of the Legislative Decree 196/03, please refer to the detailed information already provided at the time of registration on the www.mondoluce.it website. Purchasing the customer accepts these conditions and keeps ILAB of Urso Rosario unharmed from any revenge or claim of detailed education.
16. Personal information The computerized processing of the information, including the management of the e-mail addresses of the users of the site, is carried out in compliance with the provisions of the law. The nominative information requested from the Customer is indispensable for the processing and forwarding of orders, the creation of invoices and any warranty contracts. For this purpose, this information may be communicated to the ILAB's contractual partners in Urso Rosario. The Customer may object to such communication and, in accordance with the law, makes use of the right to access, modify, rectify and delete data concerning him by contacting ILAB of Urso Rosario To avoid any attempt of fraud, ILAB of Urso Rosario can ask you to prove your identity, your address.
17. Electronic signature The "validation click" constitutes final acceptance of the present conditions and consequently binds the client in full and definitive manner to the proposed order form and to the will thus expropriated.
18. Integrality of the contract These general conditions of sale constitute the entirety of the obligations of the parties. No other general or particular condition communicated by the Customer may enter or be excluded from these general conditions.
19. Intellectual and industrial property rights ILAB of Urso Rosario informs that the site, as well as all the trademarks and distinctive signs used in connection with the sale of the proposed products, are protected by the applicable intellectual and industrial property rights and that every type of reproduction, communication, distribution, publication, alteration or transformation, in whatever form and for whatever purpose they occur, ILAB of Urso Rosario reserves the right to act legally to protect such aspects.
20. Nullity If one or more provisions of the present general conditions were considered invalid or declared as such in application of a law, regulation or following a definitive decision taken by a competent jurisdiction, the other provisions will retain all their strength and their value. .
21. Applicable law The sales contract between the customer and ILAB of Urso Rosario is concluded in Italy and governed by Italian law. 22. Place of jurisdiction In the event of litigation and in the absence of an amicable agreement reached between the parties, without prejudice to the possible applicability of mandatory provisions of law to protect consumers (as defined under Article 1 letter b) of the Legislative Decree 22 May 1999 n. 185), any dispute in any case connected to these General Conditions will be devolved to the exclusive jurisdiction of the Court of Agrigento. Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Customer declares to have carefully read and understood the following clauses of the General Conditions of Sale ILAB of Urso Rosario: 1-2-3-4-5-6- 7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22