GENERAL CONDITIONS OF SALE
Pursuant to Legislative Decree. N.185 of 22 May 1999
This contract is governed, for what is not expressly provided for by the following general conditions, by Legislative Decree No. 185 of 22 May, containing the consumer protection rules on distance contracts.
1. IDENTITY OF THE SUPPLIER
The company that supplies the products displayed on the web page www.alemanni-sub.com and on the online shop is “ALEMANNI SUB di Alemanni Itio e C. Snc” with headquarters in Via della Ricerca Scientifica, 17 – internal number 11 – 41012 Carpi (Mo) - Italy - tel 0039 059 72763493 - cell. 3486628942 – email info@alemanni-sub.com, to which all communications relating to any complaints can be sent.
2. DESCRIPTION OF PRODUCTS AND SALES PRICES
The description of the characteristics of the products covered by the orders is contained in the catalogue
online and can always be viewed when completing the order before concluding the contract.
All sales prices indicated in the online catalog are indicated, including VAT, expressed in Euros.
Customs fees and shipping costs are excluded.
3. AVAILABILITY OF THE PRODUCTS AND COMPLETION OF THE ORDER
The IT system of "ALEMANNI SUB di Alemanni Itio e C. Snc", does not indicate in real time, in its electronic catalogue, the quantities of products available, which therefore may be subject to delayed delivery times, however indicated.
The order transmitted is considered perfected and binding for "ALEMANNI SUB di Alemanni Itio e C. Snc", only if accepted.
The acceptance will be formalized with the transmission via e-mail of the acknowledgment of receipt of the order or order confirmation.
4. ORDER EXECUTION
The order completed online is carried out by the company except for partial or total unavailability of the purchased products.
If the purchased product is not available, "ALEMANNI SUB di Alemanni Itio e C. Snc", will inform via e-mail of the unavailable products, summarizing the details of the order and the consequent update of the amount to be paid or specifying that , due to the unavailability of the purchased products, the order and the amount have been cancelled.
5. TERMS OF PAYMENT
When completing the online order, it is possible to choose between the following payment methods:
a) cash on delivery with courier;
b) payment by advance bank transfer;
c) by credit card.
For all forms of payment, total acceptance of the order will be communicated to the customer by e-mail; only after having received the payment in any form, "ALEMANNI SUB di Alemanni Itio e C. Snc", will proceed to fulfill the order.
6. DELIVERY OF GOODS
All goods purchased online are transported and delivered in "express" mode through trusted couriers and/or shippers.
The delivery of the products takes place following the deadlines indicated in the order confirmation and in any case not before the actual payment.
It is up to the customer to check the condition of the packaging upon receipt of the goods. In the absence of a written reservation on the delivery note, the company and the carrier are relieved of any responsibility for transport in relation to damage or shortages and for packages which, at the time of delivery, are found to be open, tampered with, or whose contents present a risk of alteration.
Transport complaints must be made in writing within 3 days. from receipt of the goods.
The goods may be refused by the buyer, who must submit a complaint to "ALEMANNI SUB di Alemanni Itio e C. Snc", within 48 hours of delivery, by filling in the "contact us" form on the "ALEMANNI SUB di Alemanni" website. Itio e C. Snc” to the email address info@alemanni-sub.com noting in the field "Note" the wording "complaint" specifying the reasons and/or the list of the defective goods.
The products will be accompanied by a delivery note which is essential for exercising the right of withdrawal (point 9).
The delivery date is understood to be the date relating to the first attempt to deliver the goods to the recipient's address. In the event of their absence from the place indicated, the courier will leave a special notice of attempted delivery on which the address to be contacted to arrange delivery of the products is indicated.
7. LIABILITY
"ALEMANNI SUB di Alemanni Itio e C. Snc", assumes no responsibility towards any party for damages, losses, costs and inefficiencies attributable to force majeure and special events such as accidents, explosions, fires, strikes and/or or lockouts, earthquakes, floods and other similar factors which prevented, in whole or in part, execution of the contract, as the purchaser has the right only to a refund of the price paid.
8. EXEMPTION FROM LIABILITY
“ALEMANNI SUB di Alemanni Itio e C. Snc” will not be held liable for direct or indirect damages that the purchaser may suffer relating to proper or improper use of the products purchased and in any case for any other irresponsible use.
It is also not responsible for the premature deterioration of each product if the recommended maintenance instructions for each product are not followed.
9. SHIPPING COSTS
The cost for the "express" delivery service of the products purchased will depend on the country of destination of the goods and their weight for each order, in addition to the cost of the products, and with the exclusion of customs fees.
The payment of the shipping costs calculated in this way takes place with the same method chosen for the payment of the ordered products (point 5)
Instead, for any customs fees or other taxes, foreseen in the country of destination of the goods purchased on the site www.alemanni-sub.it, it is the buyer's responsibility to verify their existence and bear the burden of payment, with the competent authorities .
These expenses, anticipated by the courier, are to be paid upon delivery.
10. RIGHT OF WITHDRAWAL
The buyer who is not satisfied with the products purchased has the right to exercise the right of withdrawal without any penalty and without the need to specify the reason, pursuant to art. 5 of Legislative Decree 185/99. To withdraw from the purchase, he must communicate this intention to "ALEMANNI SUB di Alemanni Itio e C. Snc", no later than 10 working days from receipt of the purchased products. The communication must be made by registered letter with acknowledgment of receipt addressed to "ALEMANNI SUB di Alemanni Itio e C. Snc", Via della Ricerca Scientifica, 17 - internal number 11 - 41012 Carpi (Mo) - Italy - or by e-mail, fax number 059/689782, to be confirmed within the following 48 hours by registered letter with acknowledgment of receipt, sent to the same address, and must specify the products not accepted, the relative order number and the will to withdraw from the purchase. The "ALEMANNI SUB di Alemanni Itio e C. Snc" service will reply via e-mail granting authorization to return goods.
11. RETURN OF GOODS
To return the goods, integrate the delivery note (see point 6) and send within 10 days from the date of transmission of the return authorization (the date of transmission by "ALEMANNI SUB di Alemanni Itio e C. Snc” of the e-mail), together with the products to be returned to the following address: “ALEMANNI SUB di Alemanni Itio e C. Snc” – Via della Ricerca Scientifica, 17 – extension 11 – 41012 Carpi (Mo) – Italy.
The cost of shipping the returned products is the sole responsibility of the purchaser and said shipment can be made by any means of his choice which in any case guarantees the integrity of the products.
Once the products subject to the withdrawal have been received, "ALEMANNI SUB di Alemanni Itio e C. Snc", will refund the sums paid for them within a maximum of 30 days.
12. CONDITIONS FOR THE EXERCISE OF THE RIGHT OF WITHDRAWAL
The right of withdrawal can be exercised only if the goods are perfectly intact in all their parts and not used. Therefore, the returned packages must not be deprived of the wrapping or parts of the same, nor bear signs of tampering of any kind.
"ALEMANNI SUB di Alemanni Itio e C. Snc", is not liable for any damage to the products, which occurred during the shipping and return phases of the same.
Should “ALEMANNI SUB di Alemanni Itio e C. Snc” receive damaged or tampered with returned items, it will not refund the amount paid for the purchase of the products.
The buyer cannot exercise this right of withdrawal for contracts for the purchase of products made to measure or clearly personalized or which, by their nature, cannot be returned.
13. PURCHASER'S OBLIGATIONS
The buyer agrees and obliges, once the "online" purchase procedure has been completed, to print and keep these general conditions, which, however, he will have already viewed and accepted as binding for the purchase, as well as the specifications of the product being purchased, and this in order to fully satisfy the condition referred to in art. 3 and 4 of Legislative Decree no. 185/1999.
The purchaser undertakes and obliges, whenever a modification of these general conditions occurs, to provide for their printing and conservation.
It is strictly forbidden for the purchaser to enter false and/or invented and/or fictitious data in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications, also with e-mail.
"ALEMANNI SUB di Alemanni Itio e C. Snc", reserves the right to prosecute any violation and abuse in accordance with the law, in the interest and for the protection of consumers.
The Customer releases "ALEMANNI SUB di Alemanni Itio e C. Snc" from any liability for the issue of incorrect tax documents due to errors in the data provided by the Customer, the Customer being solely responsible for the correct insertion.
14. VALIDITY AND VISIBILITY OF THE GENERAL CONDITIONS OF PURCHASE
These general conditions of purchase are published and always visible on the website at www.alemanni-sub.com by selecting from the home page and in any case when completing the order before concluding the contract.
"ALEMANNI SUB di Alemanni Itio e C. Snc" reserves the right to modify its content at any time, in compliance with the laws in force and without any notice. He will communicate it in this space.
15. AUTHORIZATIONS AND ASSURANCE OF SECURITY
If the buyer were to exercise the right of withdrawal (point 10), the amount to be refunded will be credited to the same bank account at the bank that made the transfer, or following other indications from the customer, the amount will in any case be reduced by the bank charges incurred for the repayment.
By filling in the registration form necessary to activate the execution of this contract, the buyer authorizes "ALEMANNI SUB di Alemanni Itio e C. Snc" to communicate his data to the trusted couriers and/or shippers who will deliver the goods purchased.
16. CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
"ALEMANNI SUB di Alemanni Itio e C. Snc" has the right to terminate the stipulated contract by simply notifying the customer with adequate and justified reasons. In this case, the customer will only be entitled to a refund of any sum already paid.
The obligations assumed by the customer pursuant to art. 12 (Obligations of the purchaser), as well as the guarantee of successful completion of the payment that the customer makes with the means referred to in art. 5, are of an essential nature, the non-fulfilment of which, even just one, determines the legal termination of the contract pursuant to article 1456 of the civil code, without the need for a judicial decision, without prejudice to the right for "ALEMANNI SUB di Alemanni Itio e C. Snc" , to take legal action for compensation for further damage.
17. WARRANTIES
The products purchased through "ALEMANNI SUB di Alemanni Itio e C. Snc ", are subject to the discipline, as far as applicable, pursuant to Legislative Decree 2.2.2002 n.24 (GU n. 57,8.3.2002) on contracts of sale and on guarantees concerning consumer goods and, to the extent not contemplated therein, to the specific provisions envisaged on the subject by the Civil Code.
This guarantee will apply to products that present conformity defects and/or malfunctions that cannot be detected at the time of purchase, provided that the product itself is used correctly and with due diligence, i.e. in compliance with its intended purpose and with the provisions of any technical documentation. , with observance of the various operating rules indicated therein. All warranties will not be valid if the product is physically damaged, abused or altered without any authorization and in case of disassembly of some parts.
18. INFORMATION IN ACCORDANCE WITH LAW 31/12/96 N.675
The company "ALEMANNI SUB di Alemanni Itio e C. Snc", pursuant to law 675/1996, for the establishment and execution of contractual relationships will have the right to acquire verbally, directly or through third parties, commercial data and information classified by law as personal;
The data is processed in relation to contractual requirements and for the fulfillment of the legal and contractual obligations deriving from them, as well as to allow more effective management of commercial relations.
This will take place with tools suitable for guaranteeing security and confidentiality, including through automated tools designed to memorize, manage and transmit the data.
The customer's personal and/or sensitive data will be processed in compliance with the methods indicated in the art. 9 of Law no. 675 of 31/12/1996.
The provision of data is mandatory for what is required by legal or contractual obligations and therefore any refusal to supply them in whole or in part, or to subsequent processing, may determine the impossibility of "ALEMANNI SUB di Alemanni Itio e C. Snc ”, to implement the same contractual relationships;
Without prejudice to communications and disclosures carried out in compliance with legal and contractual obligations, personal data will be communicated not only to the personnel employed in the company's internal offices, but also to external structures that carry out specific tasks on behalf of "ALEMANNI SUB di Alemanni Itio e C. Snc “, or responsible for carrying out the activities necessary for the execution of the contract itself;
Due to the international nature of our organization, the data in question may also be communicated abroad, as well as between member countries of the European Union;
The data will be processed for the entire duration of the contractual relationship and also subsequently for commercial purposes, studies and statistical research;
With regard to the data itself, the customer can exercise the rights provided for in art. 13 of Law 675/1996, also by communication via e-mail.
Owners and managers of the processing of your personal data is “ALEMANNI SUB di Alemanni Itio e C. Snc” – Via della Ricerca Scientifica, 17 – internal 11 – 41012 Carpi – Modena (Italy) in the person of its owners Alemanni Itio and Alemanni Andrea;
19. JURISDICTION AND JURISDICTION
Any dispute relating to the application, execution, interpretation and violation of purchase contracts entered into "online" through the website www.alemanni-sub.com is subject to Italian jurisdiction and in particular by Legislative Decree of 22 May 1999 n. 185 on distance contracts and by Legislative Decree. 9 April 2003 no. 70 on some aspects concerning electronic commerce.
For any dispute relating to the application of this contract, the Court of the place of residence or domicile of the purchaser is competent, if located in the territory of the Italian state; for all other buyers (foreign, from the European Community and companies) the Court of Modena is exclusively competent.