Terms and conditions
GENERAL CONDITIONS OF ONLINE SALE
General provisions
These conditions refer to and are valid for relations between the company Ablia Srl, with registered office in Via Fra bartolomeo 30 59100 Prato (Po), VAT number 01814240972 (hereinafter referred to as "Seller") and third parties who make online purchases on the website shop.ablia.com (hereinafter referred to as "Customer").
The following conditions may be modified and revised, also in the light of any regulatory changes. With their publication on the aforementioned site, they will be considered to come into force.
These conditions govern purchases made on the shop.ablia.com site, in accordance with the provisions of the Consumer Code, Legislative Decree n. 206/2005, amended by Legislative Decree. n. 21/2014 and by Legislative Decree. 70/2003 on electronic commerce.
ARTICLE 1
The Seller assigns and transfers to the Customer who buys remotely the goods indicated and offered for sale on the shop.ablia.com website
The Products with the relative prices as present on the Site constitute an offer to the public in accordance with the methods specified in the General Conditions and on the site itself.
The contract is concluded exclusively through the internet, by accessing the customer at shop.ablia.com and creating the purchase order according to the procedure provided by the site itself.
The Customer undertakes to examine, before proceeding with the confirmation of his order, these conditions of sale, in particular the pre-contractual information provided by the Seller and to accept them by affixing a flag in the appropriate box.
In the order confirmation e-mail, the Customer will also receive the link to download and archive a copy of these general conditions of sale, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
ARTICLE 2
The Customer declares to have read, before the conclusion of the purchase contract, the characteristics of the goods that are illustrated in the individual sheets at the time of choice.
Before the conclusion of the purchase contract and before the validation of the order, the Customer acknowledges that he is informed about:
- total price of the goods including taxes, with details of shipping costs and any other costs;
- terms of payment;
- the term within which the Seller undertakes to deliver the goods;
- information that the Customer will have to bear the cost of returning the goods in case of withdrawal;
- existence of the legal guarantee of conformity for the purchased goods;
- after-sales assistance conditions and commercial guarantees provided by the Seller.
The Customer may at any time and in any case before the conclusion of the contract, take note of the information relating to the Seller, the geographical address, telephone and fax number, e-mail address, information that is reported, also below:
Ablia S.r.l. with registered office in Via Fra bartolomeo 30 59100 Prato (Po) VAT number 01814240972 - shop.ablia.com - ordini@ablia.com
ARTICLE 3
The sales contract is considered concluded with the sending of the e-mail from the Seller to the Customer confirming the order forwarded by the Customer.
The e-mail contains the Customer's data, the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to be able to print and archive the copy of these conditions.
The Customer is aware that he is obliged to verify the correctness of the data contained therein and to promptly notify the Seller of any corrections.
Any errors, inaccuracies or small differences between the site and the actual product do not constitute grounds for termination of the contract. The photographs of the products presented on shop.ablia.com do not constitute a contractual element, as they are only representative.
The Seller undertakes to deliver the goods within 7 working days from the sending by the same of the order confirmation e-mail.
ARTICLE 4
The availability of the products indicated on the site refers to the availability when the Customer places the order. This availability must in any case be considered purely indicative because, also due to the possible access to the website by multiple users, the products could be sold to third-party customers before confirming the order.
If, following the sending of the order confirmation e-mail sent by the Seller, there are cases of partial or total unavailability of the goods, the order will be automatically corrected with the elimination of the unavailable product and the Customer will be informed.
If, for this reason, the Customer requests the cancellation of the order, by terminating the contract, the Seller will refund the amount paid within 7 working days from the day on which he became aware of the customer's decision to terminate the contract.
ARTICLE 5
Payments by the Customer can only be made by means of the credit cards indicated on the shop.ablia.com website or with the Paypal payment method.
In case of payment by credit card, the actual amount of the order will be charged only when the order is complete and ready for shipment.
In case of payment with Paypal, the actual charge will take place when the Seller sends the order confirmation e-mail.
The communications relating to the payment and the data communicated by the Customer when this is done take place on special protected lines. The security of payment by credit card is guaranteed through VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.
The seller is not responsible for any fraudulent or illegal use that may be made by third parties or other means of payment.
ARTICLE 6
All sales prices of the products indicated on the shop.ablia.com website are expressed in Euros and include VAT and, where applicable, the WEEE contribution.
Shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before payment is made.
The Customer is aware and accepts that the Seller may change its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time the order is created and indicated in the confirmation e-mail sent by the Seller to Customer.
In the event of an IT, manual, technical, or any other kind of error that could result in a substantial change, not foreseen by the Seller, of the retail price, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the customer will be refunded within 7 working days from the day of cancellation.
ARTICLE 7 (RIGHT OF WITHDRAWAL)
The consumer customer has the right to withdraw from the purchase without any penalty and without specifying the reason, within 10 days from the date of receipt of the goods.
The non-consumer customer may withdraw within 24 hours of receiving the order confirmation e-mail.
No withdrawal is allowed for products to be made as they are unique pieces made on specific indication of the Customer.
The Customer who intends to exercise the right of withdrawal must notify the Seller by means of an explicit declaration, which can be sent by registered letter with return receipt. or by accessing the "My orders" section on the shop.ablia.com website, by creating a computerized withdrawal form using the appropriate form.
In case of exercising the right of withdrawal, the Customer is required to return the goods within three days from the day on which he communicated to the Seller his will to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.
The goods must be returned to the Seller at the following address: Ablia S.r.l. Via Don Pasquetti 65 59100 Prato (Po).
The direct costs of returning the products are charged to the customer.
The goods must be returned intact, in the original packaging, complete in all its parts with the attached tax documentation. Without prejudice to the right to verify compliance with the above, the Seller will refund the amount of the products covered by the withdrawal within a period of 7 working days, including any shipping costs.
As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the Seller may suspend the reimbursement until receipt of the goods.
In the case of payment made by bank transfer, and if the Customer intends to exercise his right of withdrawal, he must provide the Seller with the bank details: IBAN, SWIFT and BIC necessary for the refund.
The seller is not responsible for any damage caused both material and material, and which may result from misuse of the products marketed.
For a complete description, see the page dedicated to the Right of Withdrawal
ARTICLE 8
If the ordered goods are to be delivered abroad, there may be import duties and taxes, payable once the package reaches the specified destination. Any additional cost of customs clearance will be charged to the customer. The Seller has no control over these costs and cannot predict their amount. Customs policies vary considerably from country to country; the Customer must therefore contact the local customs office for further information. The Customer is aware that when placing orders on the site he is considered as an importer and is therefore required to comply with all the laws and regulations of the country in which he receives the goods. It should be noted that cross-border deliveries are subject to opening and inspection of products by customs authorities.
ARTICLE 9
Within the limits permitted by law, the Seller declines all responsibility in the event that the delivered product does not comply with the legislation of the country of delivery other than Italy.
The Seller is not responsible in case of delay due to insufficient stocks at the supplier / manufacturer; nor is it responsible in the event of insubstantial discrepancies between the items ordered and the illustrative photos, texts and images of such articles published on our site.
ARTICLE 10
The products will be delivered by express courier to the address indicated by the Customer at the time of the order within approximately 7 working days from the date of the order confirmation email sent by the Seller in case of delivery in Italy, excluding islands. For abroad and the islands, times depend on the destination and generally do not exceed 15 days.
Shipping costs vary and are calculated depending on the country and the distance of the place to which they are to be shipped, the weight, number and volume of the items purchased.
A receipt will be issued for each order placed. The receipt is available and printable, after the order has been processed, in the "My orders" section of the Customer. After the receipt has been issued, it will not be possible to make any changes to the data indicated therein.
ARTICLE 11
The Seller assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disservices of the Internet network, in the event that it fails to execute the order within the time stipulated in the contract.
ARTICLE 12
The access to the site by the Customer must take place only for the consultation and the making of purchases for strictly personal use. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of the Seller and are protected by intellectual property rights.
The Customer is not permitted to resell or commercially use the site or its contents, nor the right to collect and use product lists, descriptions or prices, make derivative use of this site or its contents, make any downloads or copying account information for the benefit of another reseller or using any automated data extraction or acquisition method or device including data mining and robots.
The Customer is not allowed to reproduce, duplicate, copy, sell, resell, visit or in any other way use this site and any part of it for any commercial use.
The Customer is not permitted to framing or use framing techniques to misappropriate any trademark, logo or other proprietary information (including images, text, page setup, or format) of the Seller. The Customer may not use any meta tags or any other "hidden text" using the Seller's name or trademark. . The Customer may not use any meta tags or any other "hidden text" using the name or trademark of the Seller or its affiliates.
ARTICLE 13
If one or more provisions of these General Conditions of Sale are considered invalid or declared as such pursuant to the law, regulation or following a decision by a court with jurisdiction, the other provisions will continue to have full force and effect.
ARTICLE 14
These General Conditions of Sale are subject to Italian law.
Any dispute that does not find an amicable solution will be subject to the exclusive jurisdiction of the Court of the place of residence or domicile of the Customer as a consumer, if located in the territory of the State. In the case of a non-consumer customer, the exclusive jurisdiction of the Court of Prato is agreed.
It is possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale.
ARTICLE 15
Those who order through this website, accept and read the following mandatory information: the data collected at the time of the order will be used only to provide the service and / or supply the products purchased and fulfill the regulatory, managerial, operational and accounting.
We inform you that, pursuant to Legislative Decree 196/2003, the Seller is the data controller of the personal data you provide.
The processing of personal data means their collection, registration, organization, storage, processing, modification, selection, extraction, comparison, use, interconnection, blocking, communication, dissemination, cancellation and destruction or the combination of two or more of these. operations.
The data you provide will be processed for the following purposes:
- to provide the service and / or supply the products you have purchased;
- in relation to contractual, pre-contractual or legal obligations, exclusively for administrative and accounting purposes
- Any marketing, promotional, sending of advertising and informative material, direct sales or placement of products or services will be carried out only if explicitly indicated in the registration form.
- to execute the transaction that the user is carrying out;
- to fulfill legal obligations;
- for operational, regulatory, fiscal and management needs; The data will not be disclosed to other subjects, with the exception of the shipper in charge of delivering the goods, nor will it be disclosed to third parties. The following data will be collected:
- name and surname of the user;
- user's address;
- personal e-mail address;
- telephone number;
- tax code and VAT number (only if an invoice is requested, and in any case if a company or freelancer)
The requested data are necessary, and in the absence of even one of them, it will not be possible to proceed with the supply of the goods or the provision of the service, as we will not be able to fulfill the pre-contractual, contractual, regulatory and tax obligations.
The data will be processed using suitable tools to guarantee its security and confidentiality and may also be carried out through paper supports and / or automated tools designed to store, manage and transmit the data.
We also inform you that art. 13 of Legislative Decree 196/2003, gives citizens the exercise of specific rights. In particular, the interested party can obtain from the owner the existence or not of his personal data, and that such data be made available to him in an intelligible form.
The interested party can also ask to know the origin of the data as well as the logic on which the treatment is based; to obtain the cancellation, transformation or blocking of data processed in violation of the law as well as the updating, rectification or, if there is interest, the integration of data; to oppose the processing itself for legitimate reasons.
ARTICLE 16
In case of use of the site, the Customer is required to keep the login and password confidential and to control access to the computer in order to prevent unauthorized access through the account. The Customer therefore accepts to be held responsible for all activities that will be carried out with his account and password; undertakes to take all necessary precautions to ensure that the password remains secure and confidential and undertakes to inform the Seller immediately if he has reason to believe that any third party is aware of his password, or if the password is, or presumably it is about to be used in an unauthorized manner.
The Customer ensures that the data provided are correct, truthful, authentic and complete and undertakes to immediately communicate any changes in the information provided at the time of registration.
The Customer is aware of his / her responsibility, even criminally, for any false or false declaration that is provided to the Seller in any capacity.
The Seller reserves the right to refuse access to the site, to close an account, to remove or modify the contents of the site or to cancel orders at its discretion within the limits permitted by law. If the Seller cancels an order, no cost will be charged.