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Sales Conditions (SC)
For the use of the websites of the group www.zandona.net:
These SC govern the acquisition, by electronic means and/or by telephone, of the products presented on the websites of the group www.zandona.net (the "Products") (the "Site") operated by Zandonà srl, Via Altivole 35/A - 31031 Caerano di San Marco (TV) - Italy Tel. 0039 0423 569135 - Fax 0039 0423 919873 - P.IVA IT-05090250266 ("Zandonà").
These SC constitute an integral and essential part of the Agreement for the purchase of any Product and placing an Order involves the acceptance of these SC by the Customer.
The customer service Zandonà is available for information, complaints and disputes writing at email@example.com.
A - General Section
1.1 This General Part applies in respect of all orders for the purchase of the Products forwarded to Zandonà through the Site, Email or Phone.
1.2 Within the present SC, the following definitions apply:
"Customer" means any natural or legal person who makes an Order;
"Agreement" means any agreement between Zandonà and a Customer about the purchase by the latter of one or more Products.
"Business Day" means any day of the week except Saturdays, Sundays and public holidays.
"Order" means any proposal concerning the purchase of one or more Products, made by the Customer to Zandonà.
- Download and consultation of the terms and conditions of the Agreement:
2.1 The Customer may retain a copy of these SC, as well as the documents that comprise the Agreement relating to the Products purchased on the Site, using the normal function of the browser (eg. "File" -> "Save As").
2.2 The data of each order will be saved from Zandonà on their systems. In order to preserve the confidentiality of such information, the access to them, by the Customer, will be permitted only after prior authentication in the reserved area of the site called "My Account" by entering the appropriate credentials login (email and password) chosen by the Customer at the time of registration to the Site. In this restricted area, using its credentials, the Customer can see the Agreements already concluded, the Pending Orders and those just forwarded, as well as update and save its contact information and data relating to the subscription of the newsletter. The Customer undertakes to treat as confidential their login credentials to that restricted area of the Site and not to make them available to third parties.
- Conclusion of the Agreement:
3.1 The presentation of Products on the Site constitutes an invitation to users of the Site to formulate, to Zandonà, a purchase proposal. These invitations to users are not binding on Zandonà and do not constitute offers to the public, pursuant to and by effects of art.1336 of the Italian Civil Code, being in the full discretion of Zandonà any decision on the acceptance of the proposals originally formulated.
3.2 To purchase one or more products, the Customer must make prior registration on the Site, providing Zandonà, in compliance with the applicable provisions regarding the protection of personal data, all the necessary data to allow Zandonà to execute the Orders submitted.
3.3 Once completed the registration, the Customer can select one or more Products intended to be purchased, placing them into a virtual "shopping cart", which its content will always be viewable before forwarding the Order.
3.4 By clicking on the "Buy Now" button, the Customer will begin the process of forwarding the Order.
3.5 By clicking on the "Place Order" button, the Customer will place the Order to Zandonà. Each submitted order will be intended, in all respects, as proposed agreement by the Customer. After the Order placement by the Customer a receipt-confirmation will be promptly sent by Zandonà by sending an e-mail to the Customer's e-mail address.
3.6 Zandonà has the right to accept or decline any order received and, in case of rejection, the Customer have no rights to claim against Zandonà in any way. The Order will be, in every case, deemed accepted and the Agreement concluded at the time that the Customer will receive on its e-mail address the Confirmation of Dispatch.
- Price and shipping costs:
Products prices published in the various sections of the website are inclusive of VAT and do not include any taxes and duties applicable in the Country of destination, where this is different from Italy, which will be charged to the Customer.
If the Customer refuses to pay the above-mentioned taxes and duties when receiving the goods and the goods will be then sent back to the Sender, the round-trip costs, custom duties and other further expenses that might be applied to Zandonà will be entirely charged to the Customer and will be then excluded from the refund amount.
Zandonà reserves the right to modify at any time the prices of Products. Any price change will not, however, be effective to orders already submitted.
- Payment and delivery:
5.1 Except in the case in which the payment option “Advanced Bank Transfer" is chosen, the Customer will pay the full amount of the Product(s)/service(s) ordered, when forwarding the Order. It is understood that in the event of non-acceptance of the Order, Zandonà will promptly refund the Customer the amounts already paid.
5.2 Invoices will be issued in electronic format only.
5.3 For deliveries, Zandonà will use selected carriers depending on the destination/shipping cost. Zandonà will ship the Product/s as soon as possible. The average time of delivery to carrier is 5 working days. In case of urgency, the Customer can check the estimated delivery time for the Product/s required by contacting the Customer service: firstname.lastname@example.org.
5.4 In the event of refusal or failure to deliver due to the absence of the Customer, Zandonà will be forced to charge the Customer for extraordinary expenses incurred in the storage/re-delivery/return of the Product/s ordered. The Customer, in its own interest, must organize to make sure that the shipper may find a person for delivery to the undersigned address at time of order. If the Customer does not intend to pay for these incurred extraordinary expenses of storage/re-delivery/return, Zandonà is entitled to withdraw from the Agreement and recovering the Product while crediting the Customer the amount paid minus all extraordinary shipping/storage/management costs.
5.5 Zandonà will not be liable for any failure or delay in the event that:
-although Zandonà has proceeded to the smooth and prompt ordering of the Product/s to cover the Order received, it has not been supplied in the terms and conditions agreed with the supplier;
-Zandonà is not able to compensate for the lack of availability of such Product/s, in circumstances which are beyond its control;
-Zandonà has promptly notified the Customer concerning the unavailability of the Product/s.
In any case, where the unavailability of the Product/s, due to one of the above mentioned circumstances, does not allow to proceed with the delivery to carrier of the Product/s within 30 (thirty) days from the submission of the Order, Zandonà will refund the Customer any relative advanced payment within 10 (ten) days from the day of cancellation of the Order by any of the parties.
5.6 Zandonà will not be liable for any failure or delay in delivery due to reasons of force majeure (eg strikes, provisions of the Public Authority, transportation difficulties, fire, flood, flooding), not dependent by Zandonà. Zandonà will promptly notify the Customer the occurrence and the absence of a force majeure event. If the force majeure event persists for a period in excess of 30 (thirty) days, either party shall be entitled to terminate the Agreement. In case of termination pursuant to this Section 5.6, the Customer shall not be entitled to any compensation or reimbursement of any kind, except the right to refund the amount already paid for the Order, within 10 (ten) days from the day of cancellation of the Order by any of the parties.
5.7 The risk of accidental perishing of the Product/s shall remain with Zandonà until their delivery to the Customer or any other person specified by it, regardless of whether the shipment of the Product/s is insured or not.
- Compliance, warranty and claims management:
6.1 For technical reasons the products can be subject to changes, without notice, than what shown on the website and/or catalogue.
6.2 For the purchases made by consumers the rules of law concerning warranty are applied, including, if applicable, the rules provided by the Italian Consumer Code concerning guarantees for the consumers.
6.3 The Customer when finds flaws and defects in Product/s purchased under these SC, can contact Zandonà, under penalty of forfeiture within two months from discovery, in accordance with the procedures set out in these SC, to require repair or replacement of the Product/s. The choice between repair or replacement will be selectable from the Customer, except in the case where the remedy chosen objectively results impossible or excessively expensive compared to the other.
6.4 Zandonà will carry out the repairs and/or replacements required within a reasonable period after receiving the Customer's request. Zandonà invites the Customer to describe in as much detailed way as possible the nature of the fault or defect identified and any other data useful to the accomplishment of the operation of the complaint. If no reply is received to the Customer within 7 (seven) working days, Zandonà invites the Customer to solicit a response. Zandonà also recommend to check that the e-mails sent by the Customer are not blocked by any 'spam filter' or are not arriving to the recipient due to other technical problems of the Customer's e-mail software.
6.5 Where the repair/replacement requirement proves to be impossible or prohibitively expensive, or did not take place within a reasonable period, or have caused significant inconvenience to the Customer, the latter may take his choice to get an appropriate reduction of the price or rescission of the Agreement. It will be not admitted, in any case, the termination of the Agreement for minor defects for which it is not possible or would be too expensive to repair or replace the Product/s.
- Purchase Coupons:
Purchase Coupons cannot be purchased on the website but are offered by Zandonà in the context of promotional campaigns for a limited period of validity.
- Conditions for the collection of Purchase Coupons:
8.1 A Purchase Coupon is valid until the date indicated and can be used only once in a procedure of Order. A Purchase Coupon can only be used before the validation of the Order, after this point it is not possible to apply any reduction.
8.2 A Purchase Coupon is not redeemable in cash and is not transferable. The credit represented by Purchase Coupons are not combinable with each other.
8.3 In the case of purchases for a total amount less than the Purchase Coupon, the Customer will not be refunded any remaining credit.
8.4 If the credit represented by a Purchase Coupon is lower than the price of the Order, the difference can be welded with the other available payment methods.
8.5 The Purchase Coupon will not be refunded if the Products are entirely or partially returned.
- Data Protection:
Zandonà reserves the right to retain the data for each order as well as the contact details of the Customer only to use them for the proper execution of the Order (including the provision to our trading partners involved in the management of the payment, in the execution of the Order and/or shipping of the Product/s), for any claim relating to the guarantee of the Product/s and/or recommendations or instructions to the Customer regarding the Product/s. The storage and processing of data will be made in accordance with the content of the information concerning the protection and use of personal data by Zandonà ("Privacy").
- Clause of replacement:
If any provision of this or future SC and/or the Agreement should be or become wholly or partly invalid and/or unenforceable, or there is a lacuna in the provisions of the SC and/or the Agreement, the remaining provisions of the Agreement and SC in any case will remain valid and effective. It is understood that Zandonà and the Customer will commit to negotiate in good faith the integration of the gap i.e. the replacement of the clause void and/or unenforceable with the aim of achieving the same results pursued by the invalid or unenforceable provision and to safeguard the economic substance of the Agreement.
- Right of withdrawal:
11.1 In compliance with the information duties of art.52, paragraph 1, letters (f) and (g) of the Italian Consumer Code, Sections 11.2, 11.3 and 11.4 below sets out the terms and conditions governing the right of withdrawal in favor of the Customer, as adjusted by the same Italian Consumer Code.
11.2 The right of withdrawal is only applicable to private customers. Customers who purchase with VAT number cannot use the right of withdrawal. Pursuant to art. 64 and following of Legislative Decree n. 206/2005, if the Customer is a consumer (ie a natural person who buys the goods for purposes not related to his professional activity, who does not make the purchase indicating a VAT number in the order form), he is entitled to withdraw from the purchase contract for any reason.
11.3 Instructions for the exercise of the withdrawal in the cases provided by the Italian Consumer Code:
In accordance with the provisions of the Italian Consumer Code, the Customer may terminate the Agreement, in the manner and within the timelines provided in this Section.
Where the Customer intends to avail itself of this right of cancellation, within 14 (fourteen) working days from the date of delivery of the Product/s (in the case of multiple delivery, from the date of the last partial delivery) the Customer shall send a special communication (without the need to specify any reason) to be transmitted by registered letter with notice of receipt or by e-mail provided that it is confirmed by registered letter with notice of receipt within 48 (forty eight) hours at the addresses indicated below.
In case of exercising the right of withdrawal, the Customer will be required to return the Product/s to Zandonà to the address indicated below within 30 (thirty) days from the date of delivery of the item.
- The shipping costs for returning the products are at customer’s charge;
- The shipment is under the full responsibility of the customer, until the certificate of receipt in our warehouse is provided.
Essential condition for the exercise of the right of withdrawal is the substantial integrity of the Product to be returned. However, it is sufficient that the Product/s are returned in normal condition, as it has been kept with the use of reasonable diligence.
The notice of cancellation must be addressed to:
Via Altivole 35/A – 31031 Caerano di San Marco (TV) - Italy
The Product/s must be returned to:
Via Altivole 35/A – 31031 Caerano di San Marco (TV) - Italy
Consequences of the withdrawal:
If the Customer has exercised his right of withdrawal in accordance with the provisions of the present SC, the benefits that have already been received from the Customer and/or Zandonà must be returned. The refund of the price paid by the Customer will be made by Zandonà, provided that the Product/s have been returned by the Customer within 30 (thirty) days from the date of receipt of the communication at Zandonà for the exercise of the withdrawal or, if earlier, the date when Zandonà received the Product/s returned by the Customer. The risks linked to the destruction or damage to the Product/s during returning-shipment shall be borne to the Customer, being understood that in such event the Product/s will not be considered intact and the withdrawal will not be effective. The shipping costs related to the return of the Product/s shall be borne by the Customer.
11.4 In the event that the Customer wishes to exercise the right of withdrawal, the Product/s must be returned as follows:
- Properly packaged in their original packaging, in perfect condition for resale (not spoiled, damaged or soiled) and fitted with all accessories, instructions for use and documentation;
- Bear the transport document (found in the original packing), in order to allow Zandonà to identify the Customer (order number, name and address);
- Without manifest signs of use, except those compatible with the operation of a normal short test of the Product/s. That means, they will not have to bear any traces of prolonged use, in excess of the time required for a short test and should not be in a state that does not allow resale.
- in the event of damage to the goods during transport, Zandonà will notify the Customer of the incident (within 5 working days from receipt of the products), to allow him to file a timely complaint against his courier in order to obtain reimbursement of the value of the products (if insured); in this case, the product will be made available to the Customer for its return, simultaneously canceling the request for withdrawal;
- Zandonà is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments.
If the Product/s returned is not in conformity with the provisions of the preceding paragraph, the withdrawal will not be effective.
11.5 In the event the Customer indirectly withdraws from the contract by refusing to pay the duties and other costs mentioned at Point 4 of Terms & Conditions and the goods are then sent back to the Sender, the round-trip costs, custom duties and other further expenses that might be applied to Zandonà will be entirely charged to the Customer and will be then excluded from the refund amount.
These SC are an intellectual property protected by copyright. It is not permitted its use, even partial, by a third party for commercial purposes. Any violation will be prosecuted.