GENERAL TERMS AND CONDITIONS
1. General Conditions and Identity of the Vendor
The offer and the sale of products via E-Commerce, as well as the creation of a reserved area (reserved for the Customer) shall be regulated by the underlying General Terms and Conditions for registration and e-commerce (hereinafter referred to as “General Conditions”) that regulate the contractual relations between Calicantus S.r.l. Via L. Mazzon 28/30 - 30020 Quarto d’Altino (Ve), Italia VAT No. IT 0375759027, REA VE335872 (hereafter referred to as “Vendor”), and the Customer.
Elica S.p.A., holder of the domain via ’E-Commerce where it operates, as well as manufacturer of the goods sold by the Vendor, shall be intended exempt from the general terms and conditions of the underlying Contract finalized by the Vendor and the Customer.
Contractual relations with the Customer shall be regulated by the provisions set forth by the general conditions prescribed by E-Commerce on agreement of the underlying Contract.
The following words/terms and expressions shall each have the meaning indicated hereafter under the General Conditions of the contract and during its performance; the words/terms used in the singular shall also be defined in the plural and vice-versa;
““Restricted Area”: is to be intended as that part of E-Commerce owned by Elica, granted for use to Vendor and put at the disposal of the Customer, who, after authentication, may access to specific functions and proceed with the purchase of the products;
““Customer”: means any Customer that purchases one or more products via E-Commerce, after having accepted the General Conditions of the Vendor and the Contract;
““Consumer”: means any natural person who operates via E-Commerce for purposes not related to entrepreneurial, commercial, craft activities or profession, aged eighteen (18) or over;
““Contract”: means the agreement between the Vendor and the Customer which has the purpose of regulating the legal relations as prescribed under the General Conditions of the Vendor and the Order Form and any other information given via E-Commerce.
““General Conditions”: means the underlying document;
“E-Commerce”: means a virtual shop accessible via URL shop.elica.com whereby products may be purchased;
““Order Form”: means a supplementary document of General Conditions;
““Parties”: means Vendor and Customer jointly ;
““Products/Goods”: means items offered on E-Commerce for the purpose of selling them.
The Vendor shall reserve the right to reject orders from parties other than the Consumer him/ herself, as well as orders that do not comply to corporate trade policy, that may be deemed fraudulent or that may in some way be detrimental to third parties on its sole discretion. In any case, the Vendor shall expressly reserve the right not to sign any Contract and to reject orders that may present anomalies in terms of the quantity of products purchased or the frequency of purchases made and payment tools adopted.
4. Product Information
In order to render the process of the purchase of products clear and transparent, technical features, dimensions/sizes , prices, how-to guide-lines, as well as a detailed list of the items on sale shall be provided on E-Commerce and on the Order Form, accompanied with images illustrating the features of the product and /or their packing whenever possible. The main features of the products shall be provided on E-Commerce through a product data-sheet. The photos and videos of the products offered on sale, shall reproduce the real features of the products as far as possible, including relative colours and shapes. Images and frames may however not perfectly correspond to reality even for technical reasons. The Vendor may not be held responsible for any inadequacy of the images of the products represented on E-Commerce for any of the aforementioned technical reasons.
5. CCreation of the Reserved Area
In order to purchase products via E-Commerce, the Customer shall be required to first register and proceed to the creation of his own reserved area. This procedure, recommended by the Vendor, shall permit faster management on the purchase processes and registration of the products on the part of the Customer, and may also be carried out after the items have been selected and placed in the cart. In order to register, the Customer shall be required to fill in a registration form properly, providing the information requested in the spaces indicated on the form. The Customer shall be expressly requested to select and indicate his user name and password which will permit him to have access onto his restricted area. The Customer shall consequently be required to read the General Conditions – paying particular attention to the clauses that govern the right of withdrawal – as well as to print of a copy and store it on a durable medium, which will permit the storage of information that have personally been addressed to him in order to access it in the future for a period of time suitable for the purposes set forth and which would permit identical reproduction/ a copy of the information stored.
Should the Customer have any doubts on the provisions set forth under the General Conditions, he/she shall be required to contact Customer’s Service and must not proceed with any purchase via E-Commerce. The Vendor, upon the Customer’s request, may provide an electronic copy of the Contract and/or the General Conditions which shall be posted to him/her via Email address indicated by the Customer. The creation of the reserved area does not necessarily imply that the products must be purchased.
Finally, the Customer shall be required to accept the General Conditions of the Vendor via a flag in a checkbox.
Furthermore, the Customer shall give his/her consensus to process his/her personal data via one or more flags on one or more checkboxes, in compliance with the Privacy Law Act.
The Customer shall then proceed to clicking on [REGISTER]
. [Registration will be automatic after clicking [REGISTER]
The Customer must ensure that all the personal information provided during the registration and subsequent to the registration, be correct, complete and truthful.
6. The Purchase of Products
The purchasing procedure of the products shall be accessible either to the Customer who has correctly completed his/her registration or to the Customer who has decided not to proceed. In the event the Customer wishes to purchase the products, the Customer shall consequently be required to read the General Conditions – paying particular attention to the clauses that govern the right of withdrawal – as well as to print a copy and store it on a durable medium which will permit the storage of information that has personally been addressed to him/her in order to access it in the future for a period of time suitable for the purposes set forth and which would permit an identical reproduction of the information stored. Should the Customer have any doubts on the General Conditions of the Vendor, he/she is required to contact Customer Service and not to proceed with any purchase via E-Commerce.
In order to purchase the products via E-Commerce, the Customer is required to fill in an Order Form which shall be provided via an E-Commerce platform, and send it to the Vendor via computer adhering to the instructions provided each time. The Customer shall in particular indicate his/her own name and delivery-address. Such activities shall not be deemed essential should the Customer have registered previously and already has his/her own restricted area.
Before proceeding to the transmission of the Order Form, the Customer is required to identify and correct any eventual errors on data entered and check the products selected. Should the information be incorrect, he/she may correct the information by directly clicking on “SHIPMENT AND INVOICE DATA”.
[In any case, for a major protection of the Customer and in line with the afore-described procedure, the Vendor shall transmit to him/her a receipt of the purchase-order via email, containing a summary of the information already described on the Order Form. The Customer is also required to check the final selling price before sending the Order Form and finalize the Contract, provided that the price of the Products shall be the same as the price initially agreed upon at the time of order by the Customer. The Customer shall finally accept the General Conditions via a flag in a checkbox, give his consensus on the processing of his/her personal data via one or more flags in one or more checkboxes, in compliance with the Privacy Law Act and click on [PURCHASE]. The Contract shall be deemed finalized the moment the Customer clicks on [PURCHASE]. The Vendor shall have the right to suspend in whole or in part, at any moment, the performance of the Contract in the event of unpaid sums owed. Once the Contract has been finalized, the Vendor shall take charge of the purchase-order.
7. Restricted area features
On the restricted area , created after the registration process, the Customer shall be able to view his/her own purchases, register the products and modify his own credentials. The Customer may furthermore manage his/her own consensus on the processing of his/her personal data. The Customer shall find a summary of the orders placed on his/her restricted area. Credentials to access the restricted area shall be used and kept by the Customer only, and for no reason, be transferred to third parties. The Customer shall pledge to minimize the risk of non-authorised, non-allowed access or not compliant with his/her restricted area, by giving immediate notice to the Vendor should there be any suspected unlawful use, or non-authorised, non-allowed access. In the event access credentials are lost, the Vendor shall proceed to send new ones to the new email address provided by the Customer upon a formal request previously made by the Customer.
The prices of the products and relating shipping costs are intended to include VAT, where applicable. Product prices, including all taxes and charges, and delivery costs shall be indicated on the relative products data sheets and intended to be valid for the whole purchase procedure. Shipping costs are included in the total amount due. Eventual taxes, duties or charges prescribed by the laws of the state where the products are to be delivered, shall entirely be at the charge of the Customer and paid by him/her on receipt of the products, to the competent tax or customs authorities or to the Courier charged with the delivery. For more information, the Customer is required to contact the customs authorities in his own country. In all cases, any costs relating to import taxes and/or customs charges shall be paid entirely by the Customer. In the event a product has a discount and the amount ( discount percentage) be indicated along with the full price, this indication is to be considered attributable to the price normally practised on E-Commerce.
9. Payment Methods
The Customer may pay the amount due selecting one of the following safe and reliable means of payment:
- PayPal Circuit;
- Credit Cards available on PayPal circuits;
- C.O.D. (exclusively for deliveries on Italian territory);
- Other eventual methods of payment indicated on E-Commerce.
In the event of a bank-transfer, the beneficiary shall be the following:
Via L. Mazzon 28/30
30020 Quarto d’Altino (Venezia), Italia
Fax: +39 0422 828774
10. Product Warranty
Every sold product is subject to warranty granted by the Vendor as prescribed by the law. The warranty shall have effect at the moment the Customer, within two (2) months on discovering the fault, sends a registered letter to the Vendor to the address indicated herein , specifying the fault. For this reason, the Customer shall keep the proof of purchase. The Vendor, on receipt of the communication , shall immediately proceed to contact the Customer in order to propose a solution to the problem. Unless otherwise specified, it is presumed that conformity faults that are detected within six (6) months from the delivery of the product, were already existing previous to that date, unless this probability be considered incompatible with the nature of the product/goods or the nature of the non-conformity .
After receiving the non-conformity, the Vendor reserves the right to offer the Customer the appropriate possible remedies. The Customer has the faculty to ask the Vendor, at his/her discretion, to repair the product or to replace it, without any charges in both cases, unless the remedy required be objectively impossible or excessively onerous compared to the other. In the event that an actual conformity fault be detected, the Customer shall anyway be entitled to having the product conform, either through repair or replacement of the product without additional costs, or to an adequate discount on the price paid or the termination of the Contract.
Minor non-conformities , where repair or replacement turned out to be too onerous or in anyway impossible, does not entitle the termination of the Contract. The Vendor is at the disposal of the Customer for any eventual query relating to the exercise of the right of withdrawal.
11. After-Sales Assistance
After-Sales Assistance is directly offered by the Vendor, who can be contacted at the addresses indicated herein, for any necessity whatsoever.
Relating to product data sheets, the Vendor is entitled to indicate whether the product:
a) is available at its warehouses;
b) is not available at its warehouses
The Vendor is entitled to reject the orders that lack the full details requested, that are incorrect, or in case the products are not available. The Vendor explicitly reserves the right not to indicate the availability of the products listed on E-commerce. The type of products published and their availability may undergo amendments at any moment and the Vendor may not be held liable by the Customer. The indication relating to the availability of the products is not binding, provided that the products indicated as “unavailable” cannot be ordered by the Customer.
13. Product Non-Availability
The Customer is informed that occasionally there could be some hang-ups on products he/she may have ordered, and that he/she shall be duly informed by the Vendor via email, who shall give him/her the option to select another product bearing the same features of the product that it is unavailable, or to directly cancel the order. In the event the Customer has chosen to cancel the order, then he/she shall be duly refunded.
14. Shipment and Delivery of Products.
Shipments shall be made directly to the address indicated by the Customer at the moment of registration or to another address which the Customer will have indicated at the moment of the dispatch of the order. Products dispatched on Italian territory are generally delivered within 2-3 working-days as from dispatch of the order; products dispatched throughout the European Union countries are delivered within 4/6 working-days as from dispatch of order. For shipments to non-member states, deliveries are estimated to take 7/8 working-days as from dispatch of order. Shipments are made from Monday to Friday. Delivery terms herein described are to be intended as non-binding, non essential and non peremptory. The Vendor can, in no way, be held liable for the lack of any compliance. The Customer shall further receive full instructions on how to keep track of his/her order. All shipments may be made by express courier or by ordinary delivery-post. On Italian territory express couriers shall attempt three (3) times for the delivery of the goods to the address indicated by the Customer. For countries abroad, express couriers shall attempt one (1) time for the delivery of the goods to the address indicated by the Customer. Should the delivery not be successful, then the courier shall provide to bring the goods to the nearest depot. The Customer shall be required to provide for its withdrawal, if the goods are not withdrawn within seven (7) days, then they shall be duly returned to the Vendor. The Customer is required to provide an address where the goods may be always withdrawn by someone. The Customer is always required to check the goods on delivery, that the packaging be intact and/or that they are not damaged, wet or altered in any way. The Customer shall immediately report if any damage has been made to the packaging or packing by notifying the damage on the delivery-proof slip, on delivery of the goods by the courier, and inform the Vendor via registered letter with return receipt or registered email.. The Vendor reserves the right not to dispatch the order until payment thereof has been duly settled.
15. Right of Withdrawal
The Customer is entitled to terminate the contract without specifying any reason/s and shall be exempt from any additional charge within the specified fourteen (14) days. The afore-going specified terms of withdrawal shall be considered valid as from the moment the Customer /third party other than the designated carrier shall have acquired the possession of the product ordered and delivered. The date indicated by the courier on the delivery-note is to be considered as the valid date of the delivery of the ordered product. The Customer shall exercise the right of withdrawal by:
Using the form "Contact us" found on E-Commerce;
sending the Vendor a written notice via registered letter with return receipt wherein he/she shall specify his/her decision to exercise his/her right of withdrawal indicating also the number of the order from which the contract originated.
For the purpose of respecting the withdrawal terms , the Customer shall send a notice expressing his/her decision to exercise his/her right of withdrawal before the withdrawal period expiry date. The same notice may also be sent by telegram, telex, email or fax and necessarily followed, anyway, by confirmation via registered letter with return receipt within the forty-eight hours (48) following.
In the event the Customer exercises his/her right of withdrawal, he/she shall be required to return to the Vendor the products in due time, and in any case within fourteen (14) working days as from the date of the notice of withdrawal. Therefore, this term is considered to be met if the Customer has duly returned the goods within the afore-going fourteen (14) days as from the date of the notice of withdrawal. Products shall be returned to the following address: Calicantus srl - Via L. Mazzon 28/30 - 30020 Quarto d'Altino (VE) - Italy. In the event the Customer exercises the right of withdrawal he/she shall be duly and fully refunded of all amounts paid to the Vendor, including delivery costs (with the exception of supplementary costs deriving from the choice of a different delivery other than the standard cheaper one indicated by the Vendor), and in any case, no later than fourteen (14) days as from the date of the notice of withdrawal specifying the Customer’s decision to terminate the contract. The afore-mentioned refunds shall be carried out via the same means of payment selected during the initial transaction, except than otherwise expressly requested by the Customer to the Vendor; in no way shall the Customer incur any additional costs for his/her refund. The Vendor has the right to suspend the refund until it (the Vendor) shall have received the goods or the Customer has demonstrated proof that the goods have duly been returned to the Vendor. The product returned must be intact and under standard usage conditions . Should the Customer exercise his/her right of withdrawal, not complying to the afore-going specified terms and conditions, then he/she shall not be entitled to any refund.
Related costs deriving from the return of goods are entirely at the charge of the Customer.
The Customer is further reminded that he/she may exercise the right of withdrawal only if:
- it applies to the product that has been purchased in its entirety; this right shall not apply to parts of products purchased;
- The purchased goods shall be returned intact, in their original packing, complete in all parts (including packing, instructions for use, eventual supplementary documents and accessories). In order to minimise any damage to the original packing, the Customer is kindly requested to, when possible, place the goods in a second box, and no extra labels or adhesive ribbons are to be directly applied to the original packing of the products.
For any eventual complaints /claims the Customer is requested to contact the Vendor directly at the addresses that shall herein be provided.
17. Applicable Law
The underlying Contract shall be governed by the Italian Law, without prejudice to any other peremptory rules or regulations in force in the country of residence of the Customer.
18. Competent court
Any disputes or controversies arising from and in connection with the interpretation and performance of the provisions specified in this Contract, shall be subject to the jurisdiction of the Court of the place of residence or domicile of the Customer concerned, provided that the Customer is a resident in a member state of the European Union. In the event the Customer is a resident in a Non-Member state of the European Union, the disputes shall be subject to the exclusive jurisdiction of the Court of Milan.
19. Privacy Law
20. Amendments to the Conditions
General Conditions are subject to amendments by the Vendor at any moment.
21. Contact Address
The Vendor may be contacted at the email address: email@example.com